The best way for a certifying officer to prevent pecuniary liability is to only certify travel or payment documents that are legal, proper, and correct. This means ensuring that all vouchers or payment requests are accurate, comply with applicable laws and regulations, and are supported by proper documentation before certification
. Additional key points include:
- Exercising due diligence by verifying the accuracy and legality of the payment based on official records and available information
- Seeking advance legal opinions from general counsel when questions arise about the legality of a payment, as this can provide protection against liability
- Relying on properly functioning and periodically reviewed automated systems and internal controls can support the certifying officer's position if a payment is later questioned
- Under 31 U.S.C. ยง 3528, certifying officers are automatically pecuniarily liable for illegal or improper payments but may seek relief if they acted in good faith, exercised reasonable diligence, and had no knowledge of errors
- Training and ongoing supervision are important to ensure certifying officers understand their responsibilities and maintain compliance with regulations
In summary, prevention of pecuniary liability hinges on careful, informed, and lawful certification of payments, supported by due diligence, proper documentation, and when needed, legal counsel guidance
