11-641. Monies illegally paid; liability; recovery

A. If a board of supervisors or a county or school district officer, employee or agent, without authority of law, orders or causes any public monies to be paid, the board or county or school district officer, employee or agent and the party in whose favor the order is made are jointly and severally liable for the monies with interest at the legal rate, and twenty percent additional on the principal amount. If the monies are paid on a claim presented by a member of the board, the supervisor presenting the claim and the board are jointly and severally liable for the monies with interest at the legal rate, and twenty percent additional on the principal amount.

B. A county or school district officer, employee or agent who is responsible for disbursing public monies pursuant to a warrant or other form of claim that does not originate from the officer, employee or agent making the disbursal may not be held liable under subsection A of this section for an illegal payment of public monies unless the county or school district officer, employee or agent responsible for disbursing public monies knew or should have known that a warrant or other claim would result in an illegal payment.

C. If an illegal payment of monies is made as described in subsection A of this section, the county attorney may institute an action in the name of the county, against the board of supervisors or county or school district officer, employee or agent, to enjoin the payment of the monies, or if paid, to recover the monies with interest at the legal rate, and twenty percent additional on the principal amount, to be paid into the county treasury to the credit of the fund from which the allowance was made.

D. The board of supervisors may not dismiss, compromise or in any way control such an action. A bond is not required of a county in the action, on an injunction or on an appeal.