[Ord. No. 1953, 11-12-2008]
To establish an Identity Theft Prevention Program designed to detect, prevent and mitigate identity theft in connection with the opening of a covered account or an existing covered account and to provide for continued administration of the program in compliance with Part 681 of Title 16 of the Code of Federal Regulations implementing Sections 114 and 315 of the Fair and Accurate Credit Transactions Act (FACTA) of 2003.
[Ord. No. 1953, 11-12-2008]
As used in this Article, the following terms shall have these prescribed meanings:
COVERED ACCOUNT
1. 
An account that the City maintains, primarily for personal, family or household purposes that involves or is designed to permit multiple payments or transactions. Covered accounts include utility accounts.
2. 
Any other account that the City offers or maintains for which there is a reasonably foreseeable risk to customers or the safety and soundness from identity theft, including financial, operational, compliance, reputation or litigation risks.
IDENTITY THEFT
Fraud committed or attempted using the identifying information of another person without authority.
RED FLAG
A pattern, practice or specific activity that indicates the possible existence of identity theft.
[Ord. No. 1953, 11-12-2008]
A. 
The City establishes an Identity Theft Prevention Program which includes reasonable policies and procedures to:
1. 
Identify relevant red flags for covered accounts it offers or maintains and incorporate those red flags into the program;
2. 
Detect red flags that have been incorporated into the program;
3. 
Respond appropriately to any red flags that are detected to prevent and mitigate identity theft; and
4. 
Ensure the program is updated periodically to reflect changes in risks to customers and to the safety and soundness of the creditor from identity theft.
The program shall, as appropriate, incorporate existing policies and procedures that control reasonably foreseeable risks.
[Ord. No. 1953, 11-12-2008]
A. 
Relevant red flags include the following categories:
1. 
Alerts, notifications or other warnings received from consumer reporting agencies or service providers, such as fraud detection services;
2. 
The presentation of suspicious documents;
3. 
The presentation of suspicious personal identifying information;
4. 
The unusual use of, or other suspicious activity related to, a covered account;
5. 
Notice from customers, victims of identity theft, law enforcement authorities or other persons regarding possible identity theft in connection with covered accounts; and
6. 
Requests for public records which seek birth dates and/or social security numbers.
B. 
The following risk factors shall be considered in identifying relevant red flags for covered accounts:
1. 
The types of covered accounts offered or maintained;
2. 
The methods provided to open covered accounts;
3. 
The methods provided to access covered accounts; and
4. 
Its previous experience with identity theft
C. 
Additional red flags may be considered from open sources such as:
1. 
Incidents of identity theft previously experienced;
2. 
Methods of identity theft that reflect changes in risk; and
3. 
Applicable supervisory guidance.
[Ord. No. 1953, 11-12-2008]
A. 
To aid in the detection of red flags in connection with the opening of covered accounts and existing covered accounts, the City shall:
1. 
Obtain identifying information about, and verify the identity of, a person opening a covered account; and
2. 
Authenticate customers, monitor transactions and verify the validity of change of address requests in case of existing covered accounts.
[Ord. No. 1953, 11-12-2008]
A. 
Appropriate responses to detected red flags to prevent and mitigate identity theft may include:
1. 
Monitor a covered account for evidence of identity theft;
2. 
Contact a customer;
3. 
Change any passwords, security codes or other security devices that permit access to a covered account;
4. 
Reopen a covered account with a new account number;
5. 
Not open a new covered account;
6. 
Close an existing covered account;
7. 
Notify law enforcement;
8. 
Redact all birthday and social security number information in response to a Sunshine Law request; or
9. 
Determine no response is warranted under the particular circumstances.
[Ord. No. 1953, 11-12-2008]
A. 
The Program shall be updated periodically to reflect changes in risks to customers or to the safety and soundness of the organization from identify theft based on factors such as:
1. 
The experiences of the organization with identity theft;
2. 
Changes in methods of identity theft;
3. 
Changes in methods to detect, prevent and mitigate identity theft;
4. 
Changes in the types of accounts that the organization offers or maintains;
5. 
Changes in the business arrangements of the organization, including mergers, acquisitions, alliances, joint ventures and service provider arrangements.
[Ord. No. 1953 , 11-12-2008]
A. 
Oversight Of The Program.
1. 
The Clerk is assigned responsibility for implementation of the program;
2. 
The Council may review reports prepared by staff regarding compliance; and
3. 
The Council may review material changes to the program as necessary to address changing risks of identity theft.
B. 
Reports Shall Be Prepared As Follows.
1. 
Staff responsible for development, implementation and administration of the program shall report to the Council at least annually on compliance by the organization with the program.
2. 
The report shall address material matters related to the program and evaluate issues such as:
a. 
The effectiveness of the policies and procedures in addressing the risk of identity theft in connection with the opening of covered accounts and with respect to existing covered accounts;
b. 
Service provider agreements;
c. 
Significant incidents involving identity theft and management's response; and
d. 
Recommendations for material changes to the program.
[Ord. No. 1953, 11-12-2008]
The organization shall take steps to ensure that the activity of a service provider is conducted in accordance with reasonable policies and procedures designated to detect, prevent and mitigate the risk of identity theft whenever the organization engages a service provider to perform an activity in connection with one (1) or more covered accounts.
[Ord. No. 1953, 11-12-2008]
A. 
The City shall develop policies and procedures designed to enable the organization to form a reasonable belief that a credit report relates to the consumer for whom it was requested if the organization receives a notice of address discrepancy from a nationwide consumer reporting agency indicating the address given by the consumer differs from the address contained in the consumer report.
B. 
The City may reasonably confirm that an address is accurate by any of the following means:
1. 
Verification of the address with the consumer;
2. 
Review of its records;
3. 
Verification of the address through third (3rd) party sources; or
4. 
Other reasonable means.
C. 
If an accurate address is confirmed, the City shall furnish the consumer's address to the nationwide consumer reporting agency from which it received the notice of address discrepancy if:
1. 
The organization establishes a continuing relationship with the consumer; and
2. 
The organization, regularly and in the ordinary course of business, furnishes information to the consumer reporting agency.