HomeMy WebLinkAboutResolution No. 17-7685-Examination of Transaction(Sales) & Use Tax RecordsA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNE]
AUTHORIZING OF • " D USE TA
RECORDS
WHEREAS, pursuant to Ordinance No. 16 -1362 of the City of Downey hereinafter called
District and Section 7270 of the Revenue and Taxation Code, the District entered into a-
contract with the State Board of Equalization to perform all functions incident to the
administration and operation of the Transactions and Use Tax Ordinance; and
WHEREAS, the District deems it desirable and necessary for authorized representatives of
the District to examine confidential transactions and use tax records of the State Board of
Equalization pertaining to transactions and use taxes collected by the Board for the District
pursuant to that contract; and
WHEREAS, Section 7056 of the Revenue and Taxation Code sets forth certain
requirements and conditions for the disclosure of Board of Equalization records and
establishes criminal penalties for the unlawful disclosure of information contained in or derived
from, the transactions and use tax records of the Board;
RESOLVE NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY • •
SECTION 1. That the City Manager, Finance Director or other officer or employee of the
District designated in writing by the City Manager to the State Board of Equalization (hereafter
referred to as Board) is hereby appointed to represent the District with authority to examine
transactions and use tax records of the Board pertaining to transactions and use taxes
collected for the District by the Board pursuant to the contract between the District and the
Board. The information obtained by examination of Board records shall be used only for
purposes related to the collection of the District's transactions and use taxes by the Board
pursuant to the contract.
SECTION_ 2. That the City Manager, Finance Director or other officer or employee of the
District designated in writing by the City Manager to the Board of Equalization is hereby
appointed to represent the District with authority to examine those transactions and use tax
records of the Board for purposes related to the following governmental functions of the
District:
a) Economic Development
b) Financial Planning
c) Business Tax Compliance
The information obtained by examination of Board records shall be used only for those
governmental functions of the District listed above.
RESOLUTION
PAGE 2
SECTION . That Hinderliter, De Llamas & Associates, a California Corporation, is
hereby designated to examine the transactions and use tax records of the Board of
Equalization pertaining to transactions and use taxes collected for the District by the Board.
The person or entity designated by this section meets all of the following conditions:
a. has an existing contract with the District to examine those transactions and use tax
records;
b. is required by that contract to disclose information contained in, or derived from those
transactions and use tax records only to the officer or employee authorized under
Section 1 (or 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;
d. is prohibited by that contract from retaining the information contained in, or derived from
those transactions and use tax records after that contract has expired.
BE IT FURTHER RESOLVED that the information obtained by examination of Board
records shall be used only for purposes related to the collection of District's transactions
and use taxes by the Board pursuant to the contracts between the District and Board.
APPROVED AND ADOPTED this 10th day of Januar 2017.
FE DO "AQUEZ, Mayor
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at a regular meeting held on the 10th day of January, 2017 by the following
vote, to wit: