RES-2009-128RESOLUTION NO. 2009R- 1 28
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DESIGNATING MUNISERVICES, LLC, THE
AUTHORITY TO EXAMINE THE CITY'S SALE AND USE
TAX RECORDS
WHEREAS, pursuant to Ordinance No. 1052, the City of Anaheim (the "City
entered into a contract with the State Board of Equalization (the "SBE to perform all
functions incident to the administration and collection of local sales and use taxes (the "SBE
Contract and
WHEREAS. the City Council of the City deems it desirable and necessary for
authorized representatives of the City to examine confidential sales and use tax records of the
SBE "SBE Records") pertaining to sales and use taxes collected by the SBE for the City
pursuant to the SBE Contract (the '`SBE Records for Anaheim and
WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth
certain requirements and conditions for the disclosure of SBE Records, and establishes
criminal penalties for the unlawful disclosure of information contained in, or derived from,
SBE Records.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1 City Authority Regarding Examination of SBE Records. The City
Manager, or other officer or employee of the City designated in writing by the City Manager
to the SBE, is hereby appointed to represent the City with authority to examine the SBE
Records for Anaheim The information obtained by examination of the SBE Records for
Anaheim shall be used only for purposes related to the collection of City sales and use taxes
by the SBE pursuant to the SBE Contract.
Section 2. Designation of Third Party Contractor to Examine SBE Records.
MuniServices, LLC is hereby designated to examine the SBE Records for Anaheim.
MuniServices. LLC meets all of the following conditions:
has an existing contract with the City to examine those sales and use tax
records;
i) 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 1 of this Resolution to examine the information;
iii) is prohibited by that contract from performing consulting services for a retailer
during the term of that contract; and
1
(iv) 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 FOREGOLNG RESOLUTION IS PASSED, APPROVED AND ADOPTED BY
THE CITY COUNCIL OF THE CITY OF ANAHEIM THIS TWENTY- EIGHTH (28TH)
DAY OF JULY. 2009, BY THE FOLLOWING ROLL CALL VOTE:
AYES Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES NONE
ABSTAIN: NONE
ABSENT: NONE
ATTES
CIT CLERK OF THE CIT OF ANAHEIM
P OV D:
CITY ATTORNE OF THE C OF ANAHEIM
?3630.1
MAYOR OF THE C OF'! AHEIM