SECTIONS 19760-19765 - California Statutes

GOVERNMENT CODE

SECTION 19760-19765

19760. It is unlawful for any State officer or employee to draw,
sign, issue, or authorize the drawing, signing, or issuing of any
warrant or check payable out of State funds, to pay any salary or
compensation to any one holding a position in the State civil
service, if such person does not lawfully hold such position.

19762. No salary, compensation, or other emolument shall be paid to
any person appointed to or retained in any position in violation of
this part. Any person who wilfully or knowingly approves or makes
such a payment is liable for the sum on his official bond.

19763. If the board notifies an officer or employee that any
position has been filled in violation of this part or board rule,
demands for the salary or compensation or other emolument of the
position shall not be approved or paid by such officer or employee
except upon the order of a court of competent jurisdiction.

19764. Every person who makes a payment of salary, compensation or
other emolument to any person holding a position in the State civil
service in violation of this part or board rule and any officer or
employee who signs, countersigns, or authorizes the signing or
countersigning of any warrant for such a payment and the sureties on
their official bonds are liable to the State of California therefor.
An action to recover such a payment may be maintained in any court of
competent jurisdiction of this State, in the name of the people of
the State by the Attorney General or by a resident citizen, who is
assessed for and is liable to pay, or, within one year before the
commencement of such action, has paid a tax in this State.

19765. All money recovered in such an action, when collected, shall
be paid into the State treasury except that the prevailing party in
such an action is entitled to receive for his own use a reasonable
sum for attorney fees and the taxable costs of the action.