12-17-08-Resolution-Establishing an Identity Theft Prevention Program-12/15/2008RESOLUTION #R 12-17-08
A RESOLUTION OF THE CITY OF SANGER, TEXAS, ESTABLISHING AN
IDENTITY THEFT PREVENTION PROGRAM, TO SET OUT DEFINITIONS,
POLICIES AND PROCEDURES FOR IMPLEMENTATION OF THE IDENTITY
THEFT PREVENTION PROGRAM; TO PROVIDE A SAVINGS AND
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Federal Trade Commission adopted rules pertaining to an Identity Theft
Prevention pursuant to the Red Flags Rule which implements Section 114 of the Fair and
Accurate Credit .Transactions Act of 2003 which requires that the creditors adopt an
Identity Theft Prevention Program, and
WHEREAS, the Red Flags Rule defines creditor to include all utility companies and the
City owns and provides utility services and/or accepts payments for municipal utility
services and is therefore classified as a creditor; and
WHEREAS, the City Council has requested that the City personnel, including the City
Attorney and the City Manager, to develop such Identity Theft Prevention Program and
such personnel recommend the Identity Theft Prevention Program attached hereto and
incorporated herein as Exhibit "A"("Program"); and
WHEREAS, the City Council has reviewed the Program and believes it fulfills, complies
and implements the Red Flags Rule and other requirements outlined by the Federal Trade
Commission; and
WHEREAS, the City Council fords that it is in the public's interest to approve the
Program.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SANGER, TEXAS, THAT:
Section 1. Findings. The forgoing recitals are hereby found to be true and correct and
are hereby adopted by the City Council and made a part hereof for all purposes as
findings of the fact.
Section 2. Amendment. The Identity Theft Program described in Exhibit "A" attached
hereto are hereby adopted for the City of Sanger as required by Federal law.
Section 3. Implementation, All procedures and requirements of the Identity Theft
Prevention Program shall be implemented as outlined in the Exhibit A.
Section 4. All Resolutions of the City of Sanger in conflict with the provisions of the
Resolution are hereby repealed to the extent of such conflict.
Section 5. Should any sentence, paragraph, subdivision, clause, phrase or section of this
Resolution be adjudged or held to be unconstitutional, illegal or invalid, the same shall
not affect the validity of this Ordinance as a whole, or any part or provision thereof other
than the part so decided to be invalid, illegal or unconstitutional.
Section 6. This Resolution shall take effect immediately from and after its passage, and
it is accordingly so resolved.
Section 7. Open Meeting. That it is hereby officially found and determined that the
meeting at which this resolution is passed was open to the public as required and that
public notice of the time, place, .and purpose of said meeting was given as required by the
Open Meeting Act, Chapter. 551, Loc. Gov't. Code,
PASSED AND APPROVED on this / day of December, 2008.
CITY OF SANGER, TEXAS
`a ►
d ayort
ar€iPoy il'sr R1it,INNV
Attest
1-1 111 1 111 111 11 11
The City of Sanger developed this Identity Theft Prevention Program
("Program") pursuant to the Federal Trade Commission's Red Flags Rule ("Rule"), which
implennents Section 114 of the Fair and Accurate Credit Transactions Act of 2003. 16 C.
F. R. § 681.2. This Program was developed for the Utility Department of the City of
Sanger with oversight and approval of the City Council. After consideration of the size
and complexity of the Utility's operations and account systems, and the nature and scope
of the Utility's activities, the City Council determined that this Program was appropriate
for the City of Sanger, and therefore approved this Program on , 2008.
To establish an Identity Theft Prevention Program designed to detect, prevent and
nitigate 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 (FACIA) of
2003.
�. Establishing and Fuiiilling Requirements of the Red Flags Rule
The Red Flags Rule ("Rule") defines "Identity Theft" as "fraud committed using
the identifying information of another person" and a "Red Flag" ("Red Flag") as a
pattern, practice, or specific activity that indicates the possible existence of Identity
Theft.
Under the Rule, every financial institution and creditor is required to establish an
"Identity Theft Prevention Program" tailored to its size, complexity and the nature of its
operation. The Program must contain reasonable policies and procedures to.
■ Identify relevant Red Flags for new and existing covered accounts and
incorporate those Red Flags into the Program;
■ Detect Red Flags that have been incorporated into the Programs Respond
appropriately to any Red Flags that are detected to prevent and mitigate
Identity Theft; and
■ Respond appropriately to any Red Flags that are detected to prevent and
mitigate Identity Theft ; and
■ Ensure the Program is updated periodically, to reflect changes in risks to
customers or to the safety and soundness of the creditor from Identity
Theft.
Flags Rule definitions used in this Program City:
City: The City of Sanger, Texas.
Covered Account: Under the Rule, a "covered account" is:
® Any account the Utility offers or maintains primarily for personal, family
or household purposes, that involves multiple payments or transactions;
and
■ Any other account the Utility offers or maintains for which there is a
reasonably foreseeable risk to customers or to the safety and soundness of
the Utility fiom Identity Theft,
Creditors: The Rule defines creditors "to include finance companies, automobile dealers,
mortgage brokers, utility companies, and telecommunications companies. Where non.
profit and government entities defer payment for goods or services, they, too, are to be
considered creditors."
Identif�m� Information is defined under the Rule as "any name or number that may be
used, alone or in conjunction with any other information, to identify a specific person,"
including: name, address, telephone number, social security number, date of birth,
government issued driver's license or identification number, alien registration number,
government passport number, employer or taxpayer identification number, unique
electronic identification number, computer's Internet Protocol address, or routing code.
Pro rg am: The Identity Theft Prevention Program for the City of Sanger.
Program Administrator: The City Manger or his designee is the Program Administrator.
Utili :The Utility is the Utility Department for the City of Sanger.
III. IDENTIFICATION OF RED FLAGS.
In order to identify relevant Red Flags, the Utility considers the types of accounts
that it offers and maintains, the methods it provides to open its accounts, the methods it
provides to access its accounts, and its previous experiences with Identity Theft. The
Utility identifies the following Red Flags, in each of the listed categories:
A. Suspicious Documents
Red Flays
■ Identification document or card that appears to be forged, altered or
inauthentic;
Identification document or card on which a person's photograph or
physical description is not consistent with the person presenting the
document,
■ Other document with information that is not consistent with existing
customer information (such as if a person's signature on a check appears
forged); and
■ Application for service that appears to have been altered or forged.
Iced Flays
® Identifying information presented that is inconsistent with other
information the customer provides (example: inconsistent birth dates, lack
of correlation between Social Security number range and date of birth);
® Identifying information presented that is inconsistent with other sources of
information (for instance, Social Security number or an address not
matching an address on a credit report); Identifying information presented
that is' the same as information shown on other applications that were
found to be fraudulent;
■ Identifying information presented that is consistent with fraudulent
activity (such as an invalid phone number or fictitious billing address),
■ Social Security number presented that is the same as one given by another
customer;
■ An address or phone number presented that is the same as that of another
person;
■ A person fails to provide complete personal identifying information on an
application when reminded to do so (however, by law social security
numbers must not be required) or an applicant cannot provide information
requested beyond what could commonly be found in a purse or wallets and
■ A person's identifying information is not consistent with the information
that is on file for the customer.
C. Suspicious Account Activity or Unusual Use of Account
■ Change of address for an account followed by a request to change the
account holder's name;
■ Payments stop on an otherwise consistently upAo-date account;
■ Account used in a way that is not consistent with prior use (example: very
high activity);
■ Mail sent to the account holder is repeatedly returned as undeliverable;
■ Notice to the Utility that a customer is not receiving mail sent by the
Utility;
■ Notice to the Utility that an account has unauthorized activity;
■ Breach in the Utility's computer system security; and
■ Unauthorized access to or use of customer account information.
D. Alerts from Others
Notice to the UtilitST from a customer, identity theft victim, fraud detection
service, law enforcement or other person that it has opened or is maintaining a fraudulent
account for a person engaged in Identity Theft.
In order to detect any of the Red Flags identified above associated with the
opening of a new account, Utility personnel will take the following steps to obtain and
verify the identity of the person opening the account:
Detect
■ Require certain identifying information such as name, date of birth,
residential or business address, principal place of business for an entity,
driver's license or other identification;
® Verify the customer's identity (for instance, review a driver's license or
other identification card); Review documentation showing the existence of
a business entity;
® Request additional documentation to establish identity; and
■ Independently contact the customer or business.
B. Egist>ag Accounts
In order to detect any of the Red Flags identified above for an existing account,
Utility personnel will take the following steps to monitor transactions with an account:
Detect
■ Verify the identification of customers if they request information (in
person, via telephone, via facsimile, via email);
■ Verify the validity of requests to close accounts or change billing
addresses; and
■ Verify changes in banking information given for billing and payment
purposes.
V. PREVENTING AND MITIGATING IDENTITY THEFT
In the event Utility personnel detect any identified Red Flags, such personnel
shall take one or more of the following steps, depending on the degree of risk posed by
the Red Flag.
® Continue to monitor an account for evidence of Identity Theft;
Contact the customer, sometimes through multiple methods;
® Change any passwords or other security devices that permit access to
accounts;
■ Not open anew accoLint;
■ Close an existing account,
■ Do not close the account, but monitor or contact authorities;
® Reopen an account with a new number;
■ Notify the Program Administrator for determination of the appropriate
step(s) to take;
■ Notify law enforcement; or
■ Determine that no response is warranted under the particular
circumstances.
In order to further prevent the likelihood of identity theft occurring with respect to
Utility accounts, the Utility will take the following steps with respect to its internal
operating procedures to protect customer identifying information:
■ Ensure that its website is secure or provide clear notice that the website is
not secure;
■ Where and when allowed, ensure complete and secure destruction of
paper documents and computer files containing customer information;
■ Ensure that office computers are password protected and that computer
screens lock after a set period of time;
■ Change passwords on office computers on a regular basis;
■ .Ensure all computers are backed up properly and any backup information
is secured;
■ Keep offices clear of papers containing customer information;
■ Request only the last 4 digits of social security numbers (if any),
■ Ensure computer virus protection is up to date; and
■ Require and keep only the kinds of customer information that are
necessary for utility purposes.
VI. PROGRAM UPDATES
This Program will be periodically reviewed and updated to reflect changes in risks
to customers and the soundness of the Utility from Identity Theft. At least annually, the
( Program Administrator will consider the Utility's experiences with Identity Theft
situation, changes in Identity Theft methods, changes in Identity Theft detection and
prevention methods, changes in types of accounts the Utility maintains and changes in the
Utility's business arrangements with other entities, consult with law enforcement
authorities, and consult with other City personnel. After considening these factors, the
Program Administrator will deterivne whether changes to the Program, including the
listing of Red Flags, are warranted. If warranted, the Program Administrator will update
the Program or present the City Council with his or her recommended changes and the
City Council will make a determination of whether to accept, modify or reject those
changes to the Program.
Responsibility for developing, implementing and updating this Program lies with
the Program Administrator who is the City Manager or his designee. The Program
Administrator will be responsible for the Program administration, for ensuring
appropriate training of Utility staff on the Program, for reviewing any staff reports
regarding the detection of Red Flags and the steps for preventing and mitigating Identity
Theft, determining which steps of prevention and mitigation should be taken in particular
circumstances and considering periodic changes to the Program.
�. Staff Trautin� and Reports
Initially, ail Utility staff shall be trained either by or under the direction of the
Program Administrator in the detection of Red Flags, and the responsive steps to be taken
when a Red Flag is detected. Thereafter, all Utility staff shall undergo update training not
less than annually. Additionally, all new Utility employees shall undergo training.
Incidents of Identity Theft are to be reported immediately to the Program
Administrator, and a report prepared which shall contain a recap of the incident and
include the steps taken to assist with resolution of the incident.
C. Specific Program Elements and Confidentiality
For the effectiveness of Identity Theft Prevention Programs, the Red Flag Rule
envisions a degree of confidentiality regarding the Utility's specific practices relating to
Identity Theft detection, prevention and mitigation. Therefore, under the Program,
knowledge of such specific practices are to be limited to those employees who need to
know them for purposes of preventing Identity Theft. Because the Program is to be
adopted by a public body and thus publicly available, it would be counterproductive to
list these specific practices here. Therefore, only the Program's general Red Flag
detection, implementation and prevention practices are listed in this document.