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09-694 Adopting Identity Theft Prevention ProgramCITY OF MERIDIAN RESOLUTION NO. D~f - (0 9~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO, ADOPTING AN IDENTITY THEFT PREVENTION PROGRAM. WHEREAS, Section 114 of the Fair and Accurate Transaction Act of 2003 (FACTA) and 12 CFR 41.90 and 41.91, and the Identity Theft Red Flags regulations and guidelines contained therein, require the City as a utility provider that provides utility services to customers on a credit basis to adopt an Identity Theft Prevention Program to protect its customers. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDL~N, IDAHO: Section 1. The City of Meridian hereby adopts the IDENTITY THEFT PREVENTION PROGRAM attached as Exhibit "A." Section 2. The administrative staff of the City is authorized to take all necessary steps to carry out the Identity Theft Prevention Program provided by this Resolution. ~ ADOPTED by the City Council of the City of Meridian, Idaho, this e~7 day of DC ~~- , 2009. APPROVED by the Mayor of the City of Meridian, Idaho, this a"7 day of OG~ ~~~, 2009. APPROVED: ~,cfi,n V~.~.~r Cam, ATTEST: `\\`~,,,~,~~~~~~~~~,~~~~~~~' S ~ .~° ''• G . ~' r~. -. o By: Jayce .Holman, City €ler SE~~ y ~S' '.,~90 T 1S'~ COQ, `\\`~`\`` ,~ -,,,~,, ~ou~ , ,,,,. RESOLUTION ADOPTING AN IDENTIFY THEFT PREVENTION PROGRAM- PAGE I of 1 ~o~~ RESOLUTION NO. EXHIBIT "A" IDENTITY THEN PREVENTION PROGRAM In order to help combat identity theft, Congress enacted section 114 of the Fair and Accurate Transaction Act of 2003 (FACTA) and 12 CFR 41.90 and 41.91. In accordance with the Identity Theft Red Flags regulations and guidelines adopted by the Federal Trade Commission to implement FACTA, the City of Meridian, Idaho, as a utility provider that allows its customers to pay for utility services after the services have been received, is required to adopt an Identity Theft Prevention Program to protect its utility customers. The following policies and procedures are for the purpose of detecting, preventing and mitigating identity theft. The policies and procedures take into account the size and complexity of the City of Meridian's utility operations and account systems, and the nature and scope of the City's utility activities. For the purpose of this Program, the following definitions will apply: "Covered Account" - 1. Any account the City offers or mamta,~ns prunarily for personal, family or household purposes, that involves multiple payments or transactions; and 2. Any other account the City offers or maintains for which there is a reasonable foreseeable risk to customers or to the safety and soundness of the City from Identity Theft. "Identifying Information" - 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 number. "Program Administrator" - The City Chief Financial Officer, or the CFO's designee, shall serve as the Program Administrator. • IDENTITY THEFT PREVENTION PROGRAM -PAGE 1 OF 7 I. IDENTIFYING RED FLAGS The following are identified as "Red Flags", which are potential indicators of fraud. Any time a Red Flag, or a situation closely resembling a Red Flag, is apparent, it should be investigated for verification. A. Alerts, Notifications or Warnings of Address Discrepancy 1. A notice of address discrepancy from the U.S. Postal Service, third party service providers with which the City has a business arrangement, and any other consumer reporting agency as defined in section 334.82(b) of the Fairness and Accuracy in Credit Transactions Act. B. Suspicious Documents 1. Documents provided for identification appear to have been altered, forged, or otherwise give the appearance of having been destroyed and reassembled; 2. The photograph or physical description on the identification is not consistent with the appearance of the applicant or customer presenting the identification; 3. Other information on the identification is not consistent with information provided by the person opening a new covered account or customer presenting the identification; and 4. Other mformation on the identification is not consistent with readily accessible information that is on file with the City or is readily obtainable from the Ada County Assessor's Office or the Idaho Department of Motor Vehicles. C. Suspicious Personal Identifying Information 1. Personal identifying information provided is inconsistent when compared against external information sources used by the City. For example, a. The name or address does not match up with driver's license records maintained by the Idaho Department of Motor Vehicles; andlor b. The name or address does not match up with information maintained by the Ada County Assessor's Office;. 2. Personal identifying information provided by the customer is inconsistent with other information provided by the customer. For example, a. The name, address, or driver's license information on the Renter's Addendum is different from that which the customer has provided to the City either online or by phone, fax, or on other paperwork. 3. Personal identifying information provided is associated with known fraudulent activity as indicated by internal or third-party sources used by the City. For example, IDENTITY THEFT PREVENTION PROGRAM -PAGE 2 OF 7 a. The address on an application is fictitious, a mail drop, or a prison; b. The driver's license provided is the same as that submitted by other persons opening an account or other customers; c. The name or address provided is the same as or similar to the name or address submitted by an unusually large number of other persons opening accounts or other customers; and/or d. The person opening the covered account or the customer fails to provide either initially or upon notification, orally or in writing, all required personal identifying information by the City. 4. Personal identifying information provided is not consistent with information that is on file with the City; and 5. The person opening the covered account or the customer cannot provide authenticating information in the event that the City elects to include as part of the account application process or servicing of other account information requests, the requirement for the individual to provide the answer to a challenge question or a password for identify verification purposes. D. Unusual Use of, or Suspicious Activity Related to, the Covered Account 1. A new account is used in a manner commonly associated with known fraud patterns. For example, a. The customer fails to make the first three payments or makes an initial payment but no subsequent payments; b. Receipt of Credit Request on an account less than six (6) months old; c. The customer requests an account number or account information before the first billing cycle; and/or d. Request for account password or username over the phone without providing supporting personal identification information. 2. New or Existing Account activity occurs in a manner commonly associated with known fraud patterns. For example, a. The customer stops making payments without requesting termination of services and does not contact the City upon termination of services for lack of payment; b. The City is notified that the customer is not receiving any statements; c. The account use pattern changes significantly; d. The City's billing statement is returned despite continued use; e. Use of provided services continues after move out; f. Request for name change on an existing account without providing supporting documentation justifying the name change; and/or g. Request for account password or username over the phone without providing supporting personal identification information. • IDENTITY THEFT PREVENTION PROGRAM -PAGE 3 OF 7 E. Notice from Customer, Victims of Identity Theft, Law Enforcement Authorities, or Other Persons Regarding Possible Identity Theft in Connection with Covered Accounts 1. The City is notified by customer, a victim of identity theft, a law enforcement authority or any other person that the City has opened a fraudulent account for a person engaged in identity theft. II. PROCEDURES TO DETECT RED FLAGS The following procedures will be utilized to detect "Red Flags" when interacting with new and current account customers: A. Verify Identity of Customers 1. Utility Customers will be required to provide sufficient information to identify them as the owner of the property for which the utility services are to be provided. For example, a. Sufficient information includes, but is not limited to, a copy of the customer's driver's license, records obtained from the Ada County Assessor's Office, and the warranty deed. 2. Utility accounts will not be transferred into the name of a new customer without obtaining the same verification as required for the initial service request; 3. Utility accounts must be in the name of the property owner and not in the name of the tenant, unless allowed by City ordinance and the required forms (Renters Addendum and Billing Directive) have been signed and submitted accordingly by both the tenant and the property owner that the property owner will remain fully responsible for payment of the account; Property Managers must provide copies of their contract with an owner on record in order to have their names placed on the account; and 4. If the mailing address for the account is not the same address as the property receiving the services, statements will be mailed to the service address until such time as the customer provides verification that the alternative address is valid, for example, through DMV records or other records that can be independently substantiated. III. PROCEDURES TO PREVENT AND MITIGATE IDENTITY THEFT A. Administrative Procedures to Prevent and Mitigate Identity Theft upon the Detection of a "Red Flag" 1. Proper reporting procedures a. Any time a Red Flag is identified relating to a covered account, the information will be provided to the Program Administrator; IDENTITY THEFT PREVENTION PROGRAM -PAGE 4 OF 7 • b. The Program Administrator will review the information and seek to resolve the circumstances surrounding the detected Red Flag at the administrative level; and c. The Program Administrator in reviewing the information may consult with the City Attorney at any time to determine which of the following steps should be taken: (1) Continued monitoring of the account for evidence of identity theft; (2) Contact the customer at the address where the services are being received to verify the information and/or identity of the customer; (3) Change any passwords or other security devices, if any are used by the City, that would permit access to accounts; (4) Refuse to establish the account in the name of the person requesting the account be opened or the name of the account be changed; (5) Close an existing account; (6) Reopen an account with a new number; (7) Notify law enforcement; and/or (8) Determine that no response is warranted under the particular circumstances. B. Procedures for Staff to Follow to Maintain the Confidentiality of the Personal Information of Customers Received by the City for Identity Verification Purposes 1. Proper filing, storage, and maintenance of customer personal identifying information a. Enter driver's license number onto the account in the computer (which only staff members have access to); b. Keep working hard copy forms in locked cabinets at staff's work area; and c. Retain hard copy forms for completed transactions in file room or the secure basement storage area. 2. Record Retention and Disposal a. Customer records will be retained in accordance to State and City record retention policies; and b. All hard copy customer records being purged are to be shredded by authorized vendor. • IV. PROGRAM ADMINISTRATION The Program Administrator shall have the following duties and responsibilities under the Program: A. Administrative Duties IDENTITY THEFT PREVENTION PROGRAM - PAGE S OF 7 1. Develop, implement and update the Program; 2. Oversee the administration of this Program; 3. Report identity theft to the City Attorney and law enforcement; 5. Review and evaluate the Program on an annual basis; and 6. Report any recommended Program changes to City Council. B. Duties Related to Staff Training and Reports 1. Ensure that the City's utility staff is appropriately trained; 2. Review and follow up on any staff report regarding identity theft; and 4. Require staff to prepare a report at least annually for the Program Administrator, including but not limited to the following: a. An evaluation of the effectiveness of the Program with respect to opening accounts; b. An evaluation of existing covered accounts; c. An evaluation of service provider arrangements; d. Significant incidents involving identity theft and response; and e. Recommendations for changes to the Program. C. Service Provider Arrangements 1. In the event the City engages a service provider to perform an activity in connection with one or more accounts, the City will take the following steps to ensure the service provider performs its activity in accordance with reasonable policies designed to detect, prevent, and mitigate the nsk of identity theft: a. Require, by contract if appropriate, the service provider to have such policies and procedures in place; and b. Require, by contract if appropriate, the service provider review the Program and report any red flags to the Program Administrator. V. PERIODIC UPDATING OF THE PROGRAM This Program will be reviewed by the Program Administrator annually to determine if the Program needs to be amended to reflect changes in risks to customers and to determine the soundness of the Program to protect City covered accounts from identity theft. A. Factors to Consider when Conducting Annual Review and Program Modification 1. The City's experience with the Program; 2. Changes in the City's experience with identity theft and/or changes in the incidence rate of identity theft in the utility industry; 3. Changes in methods of detecting, preventing, and mitigating identity theft including the availability of new identity theft prevention technology; IDENTITY THEFT PREVENTION PROGRAM - PAGE G OF ~ 4. Receipt of new information regarding identity theft from other sources including, but not limited to, the Federal Trade Commission and law enforcement agencies recommending specific additions to, or modification of, the Program; 5. Changes in the City's utility business arrangements with other entities including third party service providers; and 6. Changes in types of accounts offered or account services. B. Procedures for Updating the Program 1. If the Program Administrator determines that updates to this Program are warranted, the Program Administrator will make recommendations for changes to the City Council; and 2. The City Council may accept, modify or reject recommended changes to the Program. L • IDENTITY THEFT PREVENTION PROGRAM -PAGE 7 OF 7