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HomeMy Public PortalAbout15-001RESOLUTION NO. 15-001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA AUTHORIZING EXAMINATION OF SALES AND USE TAX RECORDS WHEREAS, pursuant to Ordinance No. 73-272, the City of Carson, California entered into a contract with the State Board of Equalization (hereafter referred to as "BOE") to perform all functions incident to the administration and collection of local sales and use taxes; and WHEREAS, the City Council of the City of Carson deems it desirable and necessary for authorized representatives of the City to examine confidential sales and use tax records of the BOE pertaining to sales and use taxes collected by the BOE for the City pursuant to that contract, and WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of BOE records, and establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales and use tax records of the BOE; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON HEREBY RESOLVES AS FOLLOWS: Section 1. That the City Manager, Assistant City Manager, City Controller, Finance Director, Revenue Manager, or other officer or employee of the City designated in writing by the City Manager to the BOE, is hereby appointed to represent the City with authority to examine sales and use tax records of the BOE pertaining to sales and use taxes collected for the City by the BOE pursuant to the contract between the City and the BOE. The information obtained by examination of BOE records shall be used only for purposes related to the collection of City sales and use taxes by the BOE pursuant to that contract. Section 2. That the City Manager, Assistant City Manager, City Controller, Finance Officer, Revenue Manager, Accounting Manager, or other officer or employee of the City designated, in writing, by the City Manager to the BOE, is hereby appointed to represent the City with authority to examine those sales and use tax records of the BOE, for purposes related to the following governmental functions of the City: (a) management of daily operations of the City; (b) administration of the Finance Department; (c) financial review and audit of all City functions; (d) oversee the collection of sales and use taxes. The information obtained by examination of BOE records shall be used only for those governmental functions of the City listed above. Resolution No. 15-001 Page 2 of 3 Section 3. That Hinderliter, de Llamas & Associates is hereby designated to examine the sales and use tax records of the BOE pertaining to sales and use taxes collected for the City by the BOE. The person or entity designated by this section meets all of the following conditions: (a) has an existing contract with the City to examine those sales and use tax records; (b) is required by that contract to disclose information contained in, or derived from, those sales and use tax records only to the officer or employee authorized under Section 2 of this resolution to examine the information; (c) is prohibited by that contract from performing consulting services for a retailer during the term of that contract; and (d) is prohibited by that contract from retaining the information contained in, or derived from those sales and use tax records, after that contract has expired. The information obtained by examination of BOE records shall be used only for purposes related to the collection of City sales and use taxes by the BOE pursuant to the contract between the City and the BOE for purposes relating to the governmental functions of the City listed in Section 2 of this resolution. Section 4. That this resolution supersedes all prior resolutions of the City Council of the City of Carson adopted pursuant to subdivision (b) of Revenue and Taxation Code Section 7056. PASSED, APPROVED and ADOPTED this 2D day of January, 2015. MAYOR JIM DEAR ATTEST: CITY CLERK DO�LLWA L. GAUSE, CNIC APPROVED Resolution No. 15-001 Page 3 of 3 1 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF CARSON 1, Donesia L. Gause, City Clerk of the City of Carson, California, do hereby certify that the whole number of members of the City Council is four; that the foregoing resolution, being Resolution No. 15-001 was duly and regularly adopted by said Council at a regular meeting duly and regularly held on the 20th of January, 2015, and that the same was passed and adopted by the following vote: AYES: COUNCIL MEMBERS: Mayor Dear, Santarina, Davis -Holmes, and Robles NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None City Clerk Donesia L. Gause, CMC