Loading...
HomeMy WebLinkAboutReso - CC - 086-2017RESOLUTION NO. 86-2017 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE EXAMINATION OF SALES AND USE TAX RECORDS BY MUNICIPAL REVENUE ADVISORS, INCORPORATED WHEREAS, the City of Burlingame entered into a contract with the State Board of Equalization (SBOE) to perform all functions incident to the administration and collection of local sales and use tax; and WHEREAS, the City Council of the City of Burlingame deems it desirable and necessary for authorized representatives of the City to examine confidential sales and use tax records of the SBOE pertaining to sales and use tax collected by the SBOE 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 SBOE records, and establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, sales and use tax records of the SBOE. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Burlingame that: 1. The City Manager, Finance Director, Deputy Finance Director, and other officers or employees of the City, designated in writing by the City Manager to the SBOE, are hereby appointed to represent the City with authority to examine sales and use tax records of the SBOE pertaining to sales and use taxes collected for the City by the SBOE pursuant to the contract between the City and SBOE. The information obtained by the examination of SBOE records shall be used only for purposes related to the collection of City sales and use tax by the SBOE pursuant to that contract. 2. That Municipal Revenue Advisors, Inc., designated in writing by the City Manager to the SBOE, is hereby appointed to represent the City with authority to examine those sales and use tax records of the SBOE, for the purposes related to the following governmental functions of the City: 2.1. Sales and economic analysis; 2.2. Allocation audit and recovery; and 2.3. Ongoing consultation. The entity, designated in writing by the City Manager to the SBOE, meets all 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 Paragraph 1 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. 3. The information obtained by examination of SBOE records shall be used only for the purposes related to the collection of local sales or transactions and use tax by the SBOE pursuant to the contract, or for purposes related to other governmental functions of the City as set forth in the resolution. I, Meaghan Hassel -Shearer, City Clerk of Burlingame, do hereby certify that the above and foregoing Council Resolution was duly and regularly passed and adopted at a meeting by said Council on the third day of July, 2017, by the following votes: AYES: Councilmembers: BEACH, BROWNRIGG, COLSON, KEIGHRAN, ORTIZ NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE