A Resolution of the Governing Board of Bolivar Borough, Westmoreland county, Pennsylvania, Authorizing , empowering and Directing the Proper Officers of the Governing Board to Appoint A Liaison between it and Berkheimer, the Duly Appointed Collector of Local Services Tax for the District, for the Express Purpose of Sharing Confidential Tax Information with the District for Official Purposes.
Whereas, the Pennsylvania Local Tax Enabling Act (LTEA) authorizes certain political subdivisions, including Bolivar Borough, Westmoreland County, to provide for the creation of such bureaus or the appointment and compensation of such officers, clerks, collectors and other assistants and employees as may be deemed necessary for the assessment and collection of taxes imposed under the authority of that Act, and,
Whereas, Bolivar Borough, Westmoreland County, has entered into contractual agreement with Berkheimer of Bangor Pennsylvania, whereby and where under Client appointed Berkheimer to collect Local Services Tax, and
Whereas, said Act 511 specifically mandates that any information gained by the appointed tax officer, his agents or by any other official or agent of the taxing district, as a result of any declarations, returns, investigations, hearings or verifications required or authorized by the taxing municipality's ordinance or resolution, be kept confidential, except for official purposes, and
Whereas, any person who divulges any information which is confidential under the provisions of any ordinance or resolution, upon conviction may be subject to fines and / or imprisonment, upon conviction and dismissal from office or discharge from employment, and
Whereas, Berkheimer required passage of a Resolution by the governing body of Bolivar Borough, Westmoreland County specifying that said confidential information is needed for official purposes and absolving Berkheimer from any liability in connection with the release of said confidential information.
Now, therefore be it resolved that,
1. Bolivar Borough, Westmoreland County hereby appoints Patricia Betts as its authorized representative to make requests upon and receive any and all tax information and records from Berkheimer, relative to the collection of taxes for Client, as desired and deemed necessary by Client to be used for official purposes only, and
2. Berkheimer is hereby directed to provide and / or transmit any and all tax information and records, or any portion thereof, relating to the collection of taxes for the Bolivar Borough, Westmoreland County, upon request, to Patricia Betts as the authorized contact representative for it.
3. Bolivar Borough, Westmoreland County hereby saves harmless, indemnifies and / or absolves Berkheimer from and against any and all liability in connection with the release of said confidential information.
Resolved, Enacted and Adopted at a meeting held on the 1st day of December 2011
President of Council
Original on file in Vault