Sec. 122.819. - Alternative methods of recovery.

In lieu of a civil action against an accountable officer or custodian charged under Section 122.810 with the value of tangible personal property, the amount which he is charged shall, if agreed to by the accountable officer or custodian, constitute an offset by the City against future salary or wage payments to the accountable officer or custodian and the Director of Finance and Administration shall place a deduction against the future salary or wage payments to the accountable officer or custodian to recover the amount charged to him; provided, that: (a) Without the written consent of the accountable officer or custodian, the Director of Finance and Administration shall not deduct from any one salary or wage payment: (1) In the case of an accountable officer or custodian whose annual gross compensation is $10,000 or less, more than 20 percent of his net pay after all other authorized deductions and withholdings. (2) In the case of an accountable officer or custodian whose annual gross compensation is more than $10,000, more than 33⅓ percent of his net pay after all other authorized deductions and withholdings. (b) The Director of Finance and Administration is authorized, in lieu of a deduction against future salary or wage payments, to accept payment in full of the certified amount. (c) If the accountable officer or custodian resigns or is discharged from the City's employ, the Director of Finance and Administration shall offset the unpaid portion of the certified amount against moneys due to the accountable officer or custodian as a result of his resignation or discharge, except moneys due from any pension fund of the City, and if, after the offset: (1) Any portion of the certified amount remains unpaid, the Director of Finance and Administration shall render a bill to the accountable officer or custodian for the unpaid portion. (2) The amount of the certified amount has been repaid in full and moneys remain due to the accountable officer or custodian, the Director of Finance and Administration shall pay the person the moneys remaining due. (Ord. 83-591-400, § 1; Ord. 2016-140-E , § 16) Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.