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Home My WebLink About2009-40 - Access to Tax Records & DocumentsRESOLUTION NO. 2009-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH FOR ACCESS TO TAX RECORDS AND DOCUMENTS PURSUANT TO CAL. REVENUE & TAXATION CODE SECTION 7056(b) WHEREAS, the City has retained the law firm of Holland & Knight LLP to represent it in a dispute with the California State Board of Equalization ( "SBOE ") regarding the allocation and payment of certain sales tax revenues owing to the City pursuant to the Bradley -Burns Uniform Local Sales and Use Tax Law (Cal. Rev. & Tax Code §§ 7200, of seq.) (the "Act "); and WHEREAS, pursuant to that representation, litigation has been commenced by the City against the SBOE for violation of the Act and is presently pending in the Superior Court of California for the City and County of San Francisco as Case No. CPF -09- 509234 ( "the Lawsuit "); and WHEREAS, section 7056(b) of the Revenue and Taxation Code ( "RTC ") provides, in pertinent part, that: "When requested by resolution of the legislative body of any ... city.... the board [SBOE] shall permit any duly authorized ... person designated by that resolution, to examine all of the sales or transactions and use tax records of the board pertaining to the ascertainment of those sales or transactions and use taxes to be collected for the ... city ... "; and WHEREAS, in order for Holland & Knight LLP and its consultants (including Albin C. Koch, Esq.) to assist and represent the City in the Lawsuit, the City has agreed to authorize certain lawyers, staff and consultants working with Holland & Knight LLP to have access to, and examine and use all sales or transactions and use tax records whether held by the SBOE or the City pertaining to the ascertainment of the sales and use taxes at issue in the Lawsuit that are properly due the City; and WHEREAS, City wishes to provide access to all such tax records otherwise confidential under RTC Section 7056 to certain lawyers, staff and consultants at Holland & Knight LLP: NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. Pursuant to RTC Section 7056(b), the City hereby provides, and requests the SBOE to provide, access to the lawyers, staff and consultants working with Holland & Knight LLP on the Lawsuit to examine and use all confidential records and data of the SBOE pertaining to the ascertainment of the sales and use taxes collected or to be collected by the SBOE that are the subject of the Lawsuit. 2. To identify each person to whom access to records is to be provided pursuant to RTC section 7056(b), the City Attorney shall maintain a list of all lawyers, staff members and consultants of Holland & Knight LLP who will be given such access pursuant to this Resolution; 3. Pursuant to RTC section 7056(b)(1), the City hereby certifies that: (A) The City has an existing contract with Holland & Knight LLP to examine the aforementioned sales and use tax records to effectively advise and represent the City in the Lawsuit; (B) The City's contract with Holland & Knight LLP requires that Holland & Knight LLP shall disclose confidential taxpayer information contained in, or derived from, the aforementioned sales or transaction and use tax records only to: (i) officers, employees or other duly authorized representatives of the City; or (ii) parties in the Lawsuit and the Court in the Lawsuit, but only to the extent reasonably necessary to pursue the Lawsuit on behalf of the City and only to the extent authorized by the Court in the Lawsuit. (C) Under the City's contract with Holland & Knight LLP, all lawyers, staff members and consultants of Holland & Knight LLP working on the Lawsuit are prohibited from providing California state sales and use tax consulting services to any retailer during the term of the City's contract with Holland & Knight LLP, to the extent that such agreement is not prohibited by Rule 1 -500 of the California Rules of Professional Conduct. (D) Under the City's contract with Holland & Knight LLP, Holland & Knight LLP is prohibited from retaining the confidential taxpayer information contained in or derived from the aforementioned sales and use tax records after that contract has terminated. 4. The records and information to be provided to Holland & Knight LLP shall be used solely for the purpose of pursuing the City's claims against the SBOE that are the subject of the Lawsuit and for no other purpose, and shall be returned to the City after the contract has terminated. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: This Resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall certify the vote adopting the resolution. Adopted this 23`d day of the month of June, 2009. STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2009 -40 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 23rd day of June, 2009, and that the same was so passed and adopted by the following vote, to wit: Ayes: Henn, Rosansky, Curry, Webb, Gardner, Daigle, Mayor Selich Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 24th day of June, 2009. rh& -P City Clerk Newport Beach, California (Seal)