The provisions of § 8758 of this title, which prohibit spending in excess of budget appropriations is herein reasserted. Every public employee who, knowing that the Entity of the Executive Branch is projected to overspend its appropriations chargeable to the General Fund, certifies or provides incorrect information to be incorporated in such certification to the Governor, or the person to whom he/she delegates, or to the Office of Management and Budget, about the availability of the funds to carry out a transaction, including appointments or the execution of contracts; or carries out said transaction without the appropriate authorizations, shall be subject to a fine of two hundred dollars ($200) per incident, and up to a maximum of five thousand dollars ($5,000), in the aggregate for all the incidents that take place within the same calendar year. The official may rely on amended projections that make up for such over-expenditures, provided that said projections are sent to the Governor or to the person to whom he/she delegates, or to the Office of Management and Budget, together with or prior to the request for authorization. Provided, That prior to imposing the aforementioned sanction on a public employee, the latter shall be guaranteed due process of law, whether through an informal hearing or any other administrative procedure, or as provided in a collective bargaining agreement. The Office of Management and Budget shall be responsible for regulating and implementing the provisions of this section, including all that pertains to the imposition of administrative fines.
The provisions of this section shall also apply to the State Election Commission, the Office of Government Ethics, the Office of the Special Independent Prosecutor’s Panel, and the Office of the Election Comptroller.
History —June 17, 2014, No. 66, § 16.