7-3-1249. Employees and employment list. (1) The number of assistants and other subordinates to be employed in or by each administrative department or office must be fixed by the commission, but the commission may authorize the manager to determine the number of assistants and subordinates in and for a specified department or office, subject to the appropriations made for the department or office.

(2) The director of finance shall maintain in the director's office a list of all persons in the administrative service of the municipality, showing in connection with each name the position held, the date of appointment, the character of employment, and the rate of compensation. Each appointing officer shall promptly transmit to the director of finance the information regarding the officer's department or office as may be necessary to keep this list accurate in all respects at all times. The treasurer may not pay nor shall the director of finance issue a warrant for the payment of any salary or compensation to a person whose name does not appear upon the list, nor shall payment be made at a rate other than that specified on the list. Any sum paid contrary to the provisions of this section may be recovered from any officer paying or authorizing the payment or from the surety on the officer's official bond. If, through the failure of an officer to give information to the director of finance as required in this section or through omission or error in the information, payment is made to any person whose name should not be on the list or payment is made in excess of the amount that any person whose name is rightfully on the list should receive, then the amount of the payment or excess payment may be recovered from the officer by reason of whose failure, omission, or error the payment or excess payment was made or from the surety on the officer's official bond.

History: En. Secs. 39, 40, Ch. 121, L. 1923; re-en. Secs. 5520.39, 5520.40, R.C.M. 1935; R.C.M. 1947, 11-3439, 11-3440; amd. Sec. 339, Ch. 61, L. 2007.