HomeMy WebLinkAboutCity Council - 2002-13 RESOLUTION NO. 2002-I3
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO. 5945 AND
AUTHORIZING CERTAIN CITY OFFICIALS, CITY EMPLOYEES AND
HINDERLITER, DE LLAMAS & ASSOCIATES ACCESS TO SALES AND
USE TAX RECORDS PURSUANT TO SECTION 7056 OF THE
REVENUE AND TAXATION CODE.
WHEREAS, pursuant to agreement with the City, the State of California Franchise Tax
Board provides the City with information contained in the files of the Franchise Tax Board
relating to sales and use tax transactions; and
On November 7, 1988, the City Council adopted Resolution No. 5945 which authorized
certain City officials and Hinderliter, de Llamas &Associates to receive and review information
related to sales tax and use tax transactions; and
The City wishes to amend Resolution No. 5945 and authorize additional City officials
and City employees to receive and review information relating to sales and use tax transactions
for the City of Huntington Beach from the Franchise Tax Board,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington
Beach as follows:
SECTION 1. The following City officials and City employees are authorized to receive
and review information relating to sales and use tax transactions for the City of Huntington
Beach from the Franchise Tax Board:
• Mayor • Director of Administrative Services
• City Councilmembers • Director of Economic Development
• City Treasurer • Finance Officer
• City Administrator • Economic Development Project
• Assistant City Administrator Manager
• Senior Budget Analyst
SECTION 2. The following independent contractor for the City of Huntington Beach is
hereby authorized to receive and review information relating to sales and use tax transactions for
the City of Huntington Beach:
Hinderliter, de Llamas &Associates
Robert Hinderliter,Principal
Lloyd de Llamas, Principal
SECTION 3. The City Council of the City of Huntington Beach hereby certifies that
Hinderliter, de Llamas & Associates:
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Res. No. 2002-13
A. Has an existing contract with the City of Huntington Beach to receive
sales and use tax records; and
B. Is required by that contract to disclose information contained in, or derived
from, those sales and use tax records only to an officer or employee of the
City who is authorized by this resolution to examine the information; and
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 tax records, after that contract has expired.
SECTION 4: All City officials and/or City employees hereby authorized to receive and
review information relating to sales and use tax transactions for the City shall execute a
confidential statement attached hereto as Exhibit A and incorporated herein by this reference.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 4th day of March ,2002.
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City Clerk or-d-�-01 Mayor Pro Tem
REVIEWED AND APPROVED: APPROVED AS TO FORM:
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City Admi istrator City Atto' 2:z:�Zt�c�� t y 5loL
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INITIATED AND APPR VED:
DlrectoF O Administrative Services
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Res. No. 2002-13
Exhibit A
State of California Franchise Tax Board
Confidentiality Statement
Confidential tax return information is protected from disclosure by law, regulation, and
policy. Information security is strictly enforced. Violators may be subject to disciplinary,
civil andlor criminal action. Protecting confidential tax return information is in the
public's interest, the state's interest, and the City's interest.
A City official/City employee is required to protect the following types of information
received from the Franchise Tax Board:
• Taxpayer name
• Taxpayer address
• Taxpayer social security or taxpayer identification number
• Principal business activity code
A City official/employee is required to protect confidential information by:
• Accessing or modifying information only for the purpose of performing official duties.
• Never accessing or inspecting information for curiosity or personal reasons.
• Never showing or discussing confidential information to or with anyone who does not
have the need to know.
• Placing confidential information only in approved locations.
• Never removing confidential information from your work site without authorization.
Unauthorized inspection, access, use, or disclosure of confidential tax return information
is a crime under state laws, including but not limited to Sections 19542 and 19552 of the
California Revenue and Taxation Code and Section 502 of the Penal Code.
Unauthorized access, inspection, use, or disclosure may result in either or both of the
following:
• State criminal action
• State and/or taxpayer civil action
You are reminded that these rules are designed to protect everyone's right to privacy,
including your own.
l certify that 1 have read the confidentiality statement printed above. l further certify and
understand that unauthorized access, inspection, use, or disclosure of confidential
information may be punishable as a crime and may result in disciplinary and/or civil
action being taken against me.
Name
Signature Date
02reso/sales tax access/1/29/02
Res. No. 2002-13
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of
the City of Huntington Beach, and ex-officio Clerk of the City Council of said
City, do hereby certify that the whole number of members of the City.Council
of the City of Huntington Beach is seven; that the foregoing resolution was
passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council at a regular meeting thereof held on the 4th
day of March, 2002 by the following vote:
AYES: Green, Dettloff, Bauer, Winchell
NOES: None
ABSENT: Cook, Houchen, Boardman
ABSTAIN: None
City Clerk and ex-officio C erk of the
City Council of the City of
Huntington Beach, California