R-1179-10 RESOLUTION NO. 1179-10
A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL,
IMPLEMENTING PROVISIONS OF THE FAIR AND ACCURATE
CREDIT TRANSACTIONS ACT OF 2003 PERTAINING TO IDENTITY
THEFT, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, The Federal Fair Credit Reporting Act (FACTA) has been amended to help
prevent identity theft; and
WHEREAS, Miami Shores Village collects customer information to establish service and
performs daily management of utility account users; and
WHEREAS,According to FACTA, "Consumer information" is defined as "any record about
an individual, whether in paper, electronic, or other form, that is a consumer report or is
derived from a consumer report". The rule mentions a "variety of personal identifiers beyond
simply a person's name, including, but not limited to, a social security number, driver's license
number, phone number, physical address, and e-mail address, etc"; and
WHEREAS, The Fair Credit Reporting Act requires the Village to develop, implement and
administer a formal identify theft prevention program.
NOW,THEREFORE, BE IT RESOLVED BY THE MIAMI SHORES VILLAGE COUNCIL,that:
Section 1: The Miami Shores Village identity theft prevention policies shall be as follows:
A. Account Information is hereby defined as personal identifiers and will not be
provided to any person, including the purported account holder, except as specifically
provided by this policy.
B. Account access is limited to only employees of the utility billing department
who have password access to the account data base. However, individual access is
further limited by supervisory control.
C. During the normal course of business, if suspicious documents and/or suspicious
personal identifying information is presented by the prospective account owner,the
employee involved will consult with their supervisor. If the supervisor cannot resolve,
the matter it will be referred to the Risk Management staff member of the Finance
Department for resolution.
D. if the Village receives a notice regarding possible identity theft, the matter will
be promptly investigated and resolved by the Finance Department and, if warranted, by
the Miami Shores Village Police Department.
E. FACTA points out identity theft situations requiring Village action when they
are encountered. Employees should recognize these situations which are
referred to as "RED FLAG" situations. These indicators include the
following:
(1) Documents provided for identifications appear to have been altered
orforged.
(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.
(4) Information submitted to initiate service appears to be altered or forged,
or gives the appearance of having been destroyed and reassembled.
F. Village employees should be alert to other unusual or suspicious activity
related to customer's accounts that may be encountered in daily account
management. These activities may require contact with the customer
verbally or in written form to notify them of the suspicious activity. These
activities include:
(1) Shortly following the notice of a change of address for a covered
account,the Village receives a request for addition of authorized users
on the account;
(2) The customer fails to make the first payment or makes an initial
payment but no subsequent payments;
(3) Mail sent to the customer is returned repeatedly to the Village as
undeliverable although transactions continue to be conducted in
connection with the customers covered account;
(4) The Village is notified that the customer is not receiving paper
account statements;
(5) The person opening the covered account or the customer fails to
provide all required personal identifying information.
Section 2: The Finance Department shall furnish an annual report to the Village Council
related to the program, including any significant incidents involving identity theft and
management's response; together with any suggested changes to be made to the program.
Section 3: This Resolution shall become effective immediately upon its adoption by the
Miami Shores Village Council.
Passed and Adopted this 4th day of May, 2010.
AlD is, Mayor
ATTEST:
Alav /IIYIL
Barbara A. Estep, MM
Village Clerk
APPROVED AS TO FORM:
Richard Sarafan
Village Attorney