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09/15/2014
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CITY CLERK
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Joint City Council /PEDC Meeting <br />September 15, 2014 <br />Page 3 <br />as much as $10,000. Mr. Moore said there was no criminal penalty and added that the Attorney <br />General's office has never had to pursue any violations under that section. Mr. Moore said the <br />comptroller's oversight was limited to the administration sales tax that retailers remit the sales <br />tax it receives, it goes to the comptroller's office, and the comptroller's office retains it for about <br />6 weeks, and then remits it to the City. He said the City is supposed to promptly turn it over to <br />the EDC. He also said the EDC had oversight of the sales tax training, and was responsible for <br />the annual report due every February, he said there was a $200 penalty for failing to file the <br />report. <br />Mr. More said the expenditures do not have to be primary job employers, but could be <br />retail such as Home Depot and Lowes, that they could pay for job training and targeted <br />infrastructure. He said in 2003 Representative Mark Homer authored the bill that allowed this. <br />He said the board could provide water, sewer, electric, drainage, streets and roads for business <br />development. He also said the money did not have to be spent on a primary job employer, and it <br />did not have to be a manufacturer. He handed out Greg Abbott opinion GA86 issued in 2003, in <br />which the AG ruled the board of directors could make the decision about promotional <br />expenditures subject to the review of the City Council. Mr. Moore said any sort of promotional <br />expenditure was supposed to publicized for business development. He also said 10% was an <br />annual limitation for promotion, but in the current fiscal year they may have an unexpended <br />portion for promotion, and if so that could roll over to the new year in addition to the 10% that is <br />allocated for the new year. <br />In regard to gifting monies, Mr. Moore said the EDC could not gift monies without a <br />written contract or a performance agreement that sets out a capital investment, jobs to be created <br />or retained and some sort of penalty provision. Mr. Moore touched on business recruitment, in <br />that if you are going to hire a third party to do business recruitment then basically you have to <br />have a written contract approved by the board. He said the Council appoints the board members <br />and can remove them, but the board of directors oversees the sales tax and it ultimately goes to <br />City Council for approval of expenditures. Mr. Moore said he understood they amended their <br />Bylaws which were approved by the City Council and that included anything spent over a certain <br />dollar amount must go to the City Council for approval. <br />With regard to conflicts of interest statute, Mr. Moore said there was an AG opinion that <br />noted that the conflicts of interest Statute does not apply to Type A or Type B corporations <br />because, they were not considered local public officials. He said conflict of interest statements <br />do not apply to nonprofit corporations unless bylaws, articles of incorporation or City ordinance <br />impose the requirement. <br />Mr. Moore referenced page 5 of the report and noted that the report said it should be <br />destroyed when the information was no longer needed. Mr. Moore stressed that the report <br />should not be destroyed without reviewing the records retention schedule. He said he had <br />covered the PEDC financial review and lack of oversight. He said they could adopt a travel <br />policy as Council did or adopt a travel policy on what was allowable and not allowable <br />expenditures. Mr. Moore also said tracking of fund expenditures must be required to account for <br />the use of public funds. With regard to PEDC paying for expenses which should have been <br />
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