Orange County NC Website
7 <br /> claim. The resolution shall be entered in the minutes together with the names of those voting in <br /> the affirmative. The chairman of the board, or some other member designated for this purpose, <br /> shall sign the certificate on the check or draft given in payment of the bill, invoice, or other <br /> claim. If payment results in a violation of law, each member <br /> of the board voting to allow payment is jointly and severally liable for the full amount of the <br /> check or draft given in payment. <br /> (d) Payment. — A local government or public authority may not pay a bill, invoice, <br /> salary, or other claim except by any of the following methods: <br /> (1) Check or draft on an official depository. <br /> (2) Bank wire transfer from an official depository. <br /> (3) Electronic payment or an electronic funds transfer originated by the local <br /> government or public authority through an official depository. <br /> (4) Cash, if the local government has adopted an ordinance authorizing the use <br /> of cash, and specifying the limits of the use of cash. <br /> (dl) Except as provided in this section, each check or draft on an official depository shall <br /> bear on its face a certificate signed by the finance officer or a deputy finance officer approved <br /> for this purpose by the governing board (or signed by the chairman or some other member of <br /> the board pursuant to subsection (c) of this section). The certificate shall take substantially the <br /> following form: <br /> "This disbursement has been approved as required by the Local Government Budget and <br /> Fiscal Control Act. <br /> (Signature of finance officer)." <br /> (d2) An electronic payment or electronic funds transfer shall be subject to the preaudit <br /> process in accordance with this section and any rules adopted by the Local Government <br /> Commission. The rules so adopted shall address execution of electronic payment or electronic <br /> funds transfer and how to indicate that the finance officer or duly appointed deputy finance <br /> officer has performed the preaudit process in accordance with this section. A finance officer or <br /> duly appointed deputy finance officer shall be presumed in compliance with this section if the <br /> finance officer or duly appointed deputy finance officer complies with the rules adopted by the <br /> Local Government Commission. <br /> (e) Penalties. — If an officer or employee of a local government or public authority <br /> incurs an obligation or pays out or causes to be paid out any funds in violation of this section, <br /> that officer or employee, and the sureties on any official bond for that officer or employee, are <br /> liable for any sums so committed or disbursed. If the finance officer or any duly appointed <br /> deputy finance officer gives a false certificate to any contract, agreement, purchase order, <br /> check, draft, or other document, the finance officer or duly appointed deputy finance officer, <br /> and the sureties on any official bond, are liable for any sums illegally committed or disbursed <br /> thereby. The governing board shall determine, by resolution, if payment from the official bond <br /> shall be sought and if the governing body will seek a judgment from the finance officer or duly <br /> appointed deputy finance officer for any deficiencies in the amount. <br /> (el) Inclusion of the contract term in accordance with G.S. 143-133.3(b) shall be deemed <br /> in compliance with G.S. 143-133.3(a). <br /> (f) The certifications required by subsections (al) and (dl) of this section shall not <br /> apply to any of the following: <br /> (1) An obligation or a document related to the obligation has been approved by <br /> the Local Government Commission. <br /> (2) Payroll expenditures, including all benefits for employees of the local <br /> government. <br /> G.S. 159-28 Page 2 <br />