§ 2-1090. Liability of city for salaries and wages.

(a)

Limitation. Neither the city nor any employee or officer thereof shall obligate the city for salary or wages in excess of the money actually appropriated to a particular department and actually allocated for wages and salaries in such department.

(b)

Termination of employment. All employment or contracts of employment between any officer or employee and the city shall terminate automatically whenever the money actually appropriated and allocated for the payment of the particular salary or wage concerned has been exhausted or legally encumbered, and there shall be no recovery of salary or wages for service performed after such exhaustion or encumbrance.

(Admin. Code 1967, § A8.8)

Annotation— Suspended city police lieutenant, who knew that board of police commissioners felt he was guilty of inefficiency, notwithstanding the fact that he was acquitted of bribery charges, who was given choice of accepting board's offer to return to work immediately and lose pay for period of suspension or refusing reinstatement and standing trial with risk of dismissal or reduction in rank and who accepted offer to return to work without trial, settled all matters by agreement with board and was not entitled to formal hearing as to denial of pay or to review of board's action. RSMo 536.060. Davis v. Long, 360 S.W.2d 307. The officer, who returned to duty with full knowledge he was being reinstated with loss of one year's pay and who had consulted with attorney, waived procedural requirements otherwise necessary for final decision as to whether he should lose his back pay, including procedure for formal charges and trial as provided for in city policy manual. Id.