HomeMy WebLinkAboutResolution 2014-37 authorizing certain City Employees and Hi Dept. ID FN 14-011 Page 1 of 2
Meeting Date:7/21/2014
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CITY OF HUNTINGTON BEACH
„ REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 7/21/2014
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Lori Ann Farrell, Director of Finance
SUBJECT: Adopt Resolution No. 2014-37 authorizing certain City Employees and
Hinderliter, De Llamas &Associates access to Sales and Use Tax Records
Statement of Issue:
City Council authorization is requested to amend Resolution No. 2007-32 to reflect changes in the
City Charter to adopt a resolution allowing the City Manager, City Treasurer, Finance Director,
Accounting Manager or other officer or employee of the City as designated in writing by the City
Manager, as well as the City's Sales and Use Tax auditing agency, Hinderliter de Llamas and
Associates (HdL), access to sales and use tax records from the State Board of Equalization (BOE).
Financial Impact:
Not Applicable.
Recommended Action:
Adopt Resolution 2014-37, "A Resolution of the City Council of the City of Huntington Beach
Amending Resolution No. 2007-32 and Authorizing Certain City Employees and Hinderliter, de
Llamas & Associates Access to Sales, Use or Transactions and Use Tax Records Pursuant to
Section 7056 of the Revenue and Taxation Code."
Alternative Action(s)-
Do not approve the recommended action and direct staff accordingly.
Analysis:
On November 7, 1988, the City Council approved Resolution No. 5945 authorizing certain City ,
officials and employees, as well as its sales and use tax auditors, access to the City's sales and use
tax records, per Section 7056 of the Revenue and Taxation Code. The list of approved City officials
and employees was amended and expanded per Resolution No. 2002-13 on March 4, 2002, adding
other necessary personnel, and amended again on May 21, 2007, authorizing the City Manager the
ability to add City officials and employees access to Board data, increasing the flexibility of
managing access to this information.
A recent review of the list of approved City officials and employees (per Resolution No. 2007-32)
reveals it is necessary to update the Resolution once again to reflect changes approved in the City
Charter authorizing the City Manager to designate, in writing, additional City officials and employees
access to Board data. In addition, the Resolution will also continue to authorize access for the
City's current sales and use tax auditors, Hinderliter de Llamas and Associates (HdL), who currently
perform quarterly sales tax audits on the City's behalf.
Item 2. - 1 HB -20-
Dept. ID FN 14-011 Page 2 of 2
Meeting Date:7/21/2014
The proposed Resolution will allow individuals who need or require access to the sales and use tax
records to legally review this information in accordance with Section 7056 of the Revenue and
Taxation Code.
All individuals who have access to sales and use tax records will be required to sign a confidentially
statement, stating that they will protect the information and not use it for personal gain.
Environmental Status:
Not Applicable.
Strategic Plan Goal:
Improve long-term financial sustainability.
Attachment(s):
1. Resolution 2014-37, "A Resolution of the City Council of the City of Huntington Beach
Amending Resolution No. 2007-32 and Authorizing Certain City Employees and Hinderliter,
de Llamas & Associates Access to Sales, Use or Transactions and Use Tax Records
Pursuant to Section 7056 of the Revenue and Taxation Code."
FIB -221- Item 2. - 2
RESOLUTION NO. 2014-37
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO. 2007-32
AND AUTHORIZING CERTAIN CITY EMPLOYEES AND
HINDERLITER, DE LLAMAS &ASSOCIATES ACCESS TO SALES, USE OR
TRANSACTIONS 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 Board of
Equalization provides the City with information contained in the files of the Board of
Equalization relating to sales, use or transactions and use tax records; and
On May 21, 2007, the City Council adopted Resolution No. 2007-32 which authorized
certain City officials and Hinderliter, de Llamas &Associates to receive and review information
related to sales, use or transactions and use tax records; and
Since the adoption of Resolution No. 2007-32, the City has undergone reorganization,
adding and deleting titles and responsibilities of certain employees; and
The City wishes to amend Resolution No. 2007-32 to authorize City employees to receive
and review information relating to sales, use or transactions and use tax records for the City of
Huntington Beach from the Board of Equalization,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
SECTION 1. The following City officials and City employees are authorized to receive
and review information relating to sales, use or transactions and use tax records for the City of
Huntington Beach from the Board of Equalization:
• City Treasurer
• City Manager
• Finance Director
• Accounting Manager
• Any officer or employee of the City as designated in writing by the City
Manager
SECTION 2. The following independent contractor for the City of Huntington Beach
is hereby authorized to receive and review information relating to sales, use or transactions and
use tax records for the City of Huntington Beach:
Hinderliter, de Llamas and Associates
Robert Hinderliter, Principal
Lloyd de Llamas, Principal
14-4258/110307.doc 1
Resolution No. 2014-37
SECTION 3. The City Council of the City of Huntington Beach hereby certifies that
Hinderliter, de Llamas & Associates:
A. Has an existing contract with the City of Huntington Beach to receive
sales, use or transactions and use tax records; and
B. Is required by that contract to disclose information contained in, or derived
from, those sales, use or transactions 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.
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, use or transactions and use tax records 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 21st day of July , 2014.
Mayor� �
REVI AND APPROVED: APPROVED AS TO FORM:
1
Ci ger City Attorney
INITIATED AND APPROVED:
::�4
Finance Director
14-4258/110307.doc 2
Resolution No. 2014-37
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 and/or 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
14-4258/110313
Res. No. 2014-37
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN 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 July 21, 2014 by the following vote:
AYES: Katapodis, Hardy, Shaw, Harper, Boardman, Sullivan, Carchio
NOES: None
ABSENT: None
ABSTAIN: None
W40 W
City erk and ex-officio lerk of the
City Council of the City of
Huntington Beach, California
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENTAL COMMUNICATION
FINANCE DEPARTMENT
TO: Joan L. Flynn, City Clerk
FROM: Lori Ann Farrell, Director of Finance '6 ,�<��
DATE: July 21, 2014
SUBJECT: Supplemental Communication for Item 2
Adopt Resolution No. 2014-37 authorizing certain City Employees
and Hinderliter, De Llamas & Associates access to Sales and Use
Tax Records
Please include Exhibit A for Attachment 1 to Item 2.
Thank you.
LAF/mkl
SUPPLEMENTAL
COMMUNICATION
Meeting Date: 7
Agenda Item No.
Resolution No. 2014-37
EXHIBIT A
State of C ifornia Franchise Tax Board
Confidentiality Statement
Confidential tax eturn information is protected from disclosure by law, regulation, and
policy. Information security is strictly enforced. Violators may be subject to disciplinary, {
civil and/or criminal action. Protecting confidential tax return information is in the
public's interest, th state's interest, and the City's interest.
I
A City official/City e ,ployee is required to protect the following types of information
received from the Fran'chise Tax Board:
• Taxpayer name
• Taxpayer address
• Taxpayer social securit\ r taxpayer identification number
• Principal business activity code
A City official/employee is requ\d to protect confidential information by:
• Accessingor modifying information only for the purpose of performing official duties.
Y g � Y p p p g
• Never accessing or inspecting information for curiosity or personal reasons.
• Never showing or discussing conf�llential information to or with anyone who does not
have the need to know.
• Placing confidential information only in approved locations.
• Never removing confidential informatio 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 L'
• State and/or taxpayer civil action >�C'��
L\ r""� r
You are reminded that these rules are designed to protect everyone's right to privacy,
including your own.
I certify that I have read the confidentiality statement printed above. I 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
14-4258/110313