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Resolution 12682CITY OF RESOLUTION NO. 12682 DECLARING THE NEED FOR AND SUPPORT OF THE BRADLEY-BURNS BILL OF RIGHTS WHEREAS, the Bradley-Burns Uniform Local Sales and Use Tax Law provides for administration of local sales and use tax by the Board of Equalization pursuant to a statewide contract; and WHEREAS, sales and use tax has become the primary source of local government general revenue for most of California's cities and is a major source of revenue for California's counties; and WHEREAS, cities and counties contract with and pay a significant fee to the Board of Equalization for administration of their sales and use tax, a most important component of local government financing; and WHEREAS, disputes arise regularly between Board of Equalization staff and the contracting local jurisdictions over the c proper, consistent and responsive administration of the city's and 1: county's local sales and use tax; and WHEREAS, these disputes, which often go unresolved, may involve either simple factual disagreements or administrative policies applied by Board of Equalization staff without statutory, regulatory, contractual or Board Member support; and WHEREAS, there are no established procedures whereby a contracting local jurisdiction can seek to resolve such disputes; and WHEREAS, the establishment of clear and specific rights of contracting local jurisdictions and a formal dispute resolution process will help to promote fair, equitable and responsive administration of local sales and use tax by Board of Equalization staff. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Alameda that the Bradley-Burns Bill of Rights (a copy of which is attached hereto as Exhibit A) is a necessary set of tenets which should be recognized by the Board of Equalization and the State of California; and BE IT FURTHER RESOLOVED that the Board of Equalization should adopt the appropriate resolutions or regulations to enact the provisions of the Bradley-Burns Bill of Rights. BRADLEY-BURNS BILL OF RIGHTS Statement of Principles August 21, 1995 To promote fair, equitable and responsive administration of the Agreement for State Administration of Local Sales and Use Taxes (the "Contract"), the Board of Equalization should establish an appeals process to facilitate resolution of disputes and other issues between the Board of Equalization and its client cities, counties and districts. Each local jurisdiction contracting with the Board of Equalization has the right to depend on Board of Equalization staff to provide informative and responsive services to help jurisdictions understand the local sales and use tax laws administered by the Board of Equalization. Jurisdictions have the right to receive and the Board of Equalization has an obligation to provide open, uniform and consistent administration of the local sales and use tax in order that local jurisdictions may perform competent audit oversight and accountability of those revenues on their own behalf. The Bradley-Burns Bill of Rights is designed to establish the clear and specific rights of contracting local jurisdictions and a formal dispute resolution process to promote fair, consistent and responsive administration of their local sales and use tax by Board of Equalization staff. The Bradley-Burns Bill of Rights includes the following principles: NOTIFICATION Jurisdictions have the right to receive notice of any proposed regulatory action by the Board of Equalization a minimum of 45 days before the Board of Equalization considers the action. RECORDS Any duly authorized officer, employee, or other person designated by resolution of the legislative body of a jurisdiction contracting with the Board of Equalization has the right to examine all of the sales, transactions, or use tax, situs and pool data records of the Board of Equalization pertaining to businesses located in the requesting jurisdiction, as permitted under existing law. UNIFORM LAW OVERSIGHT AND ACCOUNTABILITY Jurisdictions have the right for the law to be administered in a uniform manner. EXHIBIT A WRITTEN INFORMATION Jurisdictions have the right to rely on the Board of Equalization's written information and answers to inquiries. Jurisdictions have the right to prompt and accurate responses from the Board of Equalization or its staff. When writing to the Board of Equalization with a question or notifying the Board of Equalization in writing of a local tax distribution error, jurisdictions have the right to a written response and resolution within 90 days. DISTRIBUTIONS Jurisdictions have the right to rely on the Board of Equalization to use its best efforts to ensure that local tax collected is distributed directly to jurisdictions and to distribute or charge such local tax to all conforming taxing jurisdictions, statewide or countywide, only when direct distribution is impractical in accordance with the Contract. To facilitate the distribution of sales and use tax in accordance with local ordinances and Board of Equalization regulations, Board of Equalization staff shall issue sales and use tax permits at the request of a local jurisdiction to any business located within that jurisdiction which may incur a sales or use tax liability. APPEALS Jurisdictions have the right to appeal findings of Board of Equalization staff. If a jurisdiction disagrees with the findings or determinations of a Board of Equalization department, that jurisdiction may: • File an appeal with the Board of Equalization; the appeal will be assigned to a Board of Equalization staff attorney who is independent of the department from which the appealed action originated, within 30 days of filing the appeal; • Request and be granted an informal hearing or conference with the Board of Equalization staff attorney or other hearing officer assigned to the case and the auditor and department supervisor from which the appeal originated, within 60 days of the request; and • Receive a written disposition of the appeal (issued by the Board of Equalization staff attorney or other hearing officer), which need not include findings of fact or conclusions of law, within 45 days of the informal hearing. BOARD HEARINGS If a jurisdiction disagrees with the disposition of the Board of Equalization staff attorney or the hearing officer, the jurisdiction may file an appeal with the elected Board Members within 90 days from the date of issuance of such disposition. jurisdictions have the right to: • Waive a hearing before the Board Members in which case the Board Members may decide he case based solely on the record established in the informal hearing or conference; or • A hearing before the Board Members to present the case for the appeal, within 120 days of the date of the appeal; hearings will be held at one of the Board's regular meeting sites and, when practical, will be held at a meeting site near the appealing jurisdiction; jurisdictions will be notified of the hearing date and location a minimum of 45 days before the hearing. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 5th day of September , 1995, by the following vote to wit: AYES: NOES: ABSENT: Councilmembers Arnerich, DeWitt, Lucas, Mannix and President Appezzato 5. None. None. ABSENTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 6th_ day of September , 1995. Dian B. Felsch, City Clerk City of Alameda