§ 100. Certification of payrolls. 1. Payroll certification required.\n(a) Except as otherwise provided in this section, no disbursing or\nauditing officer of the state or of any civil division thereof shall\napprove or pay or take any part in approving or paying any salary or\ncompensation for personal service to any person holding an office or\nposition in the classified service unless the voucher or payroll\ntherefor bears the certificate of the civil service department or\nmunicipal commission having jurisdiction that the persons named therein\nare employed in their respective positions in accordance with law and\nrules made pursuant to law. The certificate of municipal commissions\nshall also include a statement of membership in an appropriate\nretirement system where such membership is mandatory. Such certificate\nmay be executed for and on behalf of such department or commission, as\nthe case may be, by an officer or employee thereof duly designated in\nwriting for that purpose. Such certificate may, for cause, be withheld\nfrom an entire payroll or from any item or items therein. If the\ndepartment or municipal commission finds that any person has been\npromoted, transferred, assigned, reinstated or otherwise employed in\nviolation of this chapter or rules made pursuant thereto, it shall so\nnotify the appropriate disbursing and auditing officers who thereafter\nshall not pay or approve the payment of any salary or compensation to\nsuch person; and nothing contained in this section shall be construed to\nauthorize any officer to approve or pay salary or compensation to any\nperson contrary to such a notice. If, however, permission is granted by\nthe department to a state agency or state department to certify directly\nto the department of audit and control that the persons named in the\ncertification are employed in their respective positions in accordance\nwith law and rules made pursuant to law, the department need not certify\nany voucher or payroll but may at any time thereafter examine such\npayroll or voucher and revoke any previous certification not made in\naccordance with such law and rules. Revocation of any such certification\nshall, in any action against the appointing officer under section one\nhundred two of this chapter, be presumptive evidence that such\ncertification was improper in the respects not held to be proper by the\ndepartment.\n (b) The certificate of the civil service department or appropriate\nmunicipal commission shall not be required in advance of the audit and\npayment of salary or compensation to temporary laborers if the\nappointing officer certifies that the temporary laborers named in the\npayroll or account therefor have been appointed or employed in\naccordance with law and rules made pursuant thereto, but in such case\nsuch payroll or account shall be submitted within two calendar months\nafter certification by the appointing officer for further certification\nby the department or appropriate municipal commission that the\nappointing officer's certification was in whole or in part proper.\nRefusal of the department or municipal commission to certify, within\nthirty days of receipt of such payroll or account, that the\ncertification by the appointing officer was in all respects proper\nshall, in any action against such appointing officer under section one\nhundred two of this chapter, be presumptive evidence that such\ncertification was improper in the respects not certified as proper by\nthe department or municipal commission. The department may include\ntemporary laborers employed by a state agency or state department within\npermission granted pursuant to paragraph (a) of this subdivision for\ndirect certification to the department of audit and control, subject to\nthe terms for investigation and revocation of such certification\ncontained in such paragraph. The term "temporary laborers", as used\nherein, means persons in the labor class and skilled laborers in the\nnon-competi
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