§ 52.25 COMPLIANCE WITH F.A.C.T. ACT.
   (A)   Compliance. The city desires and intends to comply with the Fair and Accurate Credit Transaction Act of 2003 (F.A.C.T. Act) which is applicable to the city’s water and sewer billings.
   (B)   Confidential information. All customer account information other than name and address of water sewer users shall be deemed confidential.
   (C)   Representatives of owners. All changes to water and sewer user accounts must be made by the owner in person at City Hall. In the event an owner is unable to or incapable of making an application, an application may be made by an appropriate person with authority such as a power of attorney agent or a court appointed representative. Under such circumstances, the person making the application on behalf of the owner must produce original documents indicating their authority and may be requested by the city to produce additional documentation or to wait while verification of their agent authority is confirmed.
   (D)   Security systems.
      (1)   All computer records shall be protected by a password system. Such password system shall be limited to city personnel involved with water and sewer billing, the Mayor and other City Commissioners. Any change in personnel shall require an update of the password.
      (2)   All paper records shall be kept under lock and key. Keys shall be limited to city personnel involved with water and sewer billing, the Mayor and other City Commissioners. Any change in city personnel shall require an updating of the lock and key system.
      (3)   Any documents related to water and sewer billing shall be appropriately disposed of (i.e. shredded).
      (4)   Water and sewer billing system shall be periodically updated to include current virus safeguard procedures and firewall protection.
   (E)   Red flags. After consideration of the city’s operations and customer account system, all city personnel involved with water and sewer billing and officials shall be on the guard for following “red flags” that suggest or indicate the possibility of identity theft:
      (1)   Documents used for identification that appear to be forged, altered, date in time, or otherwise inauthentic;
      (2)   Identification document(s) not consistent with the person presenting the document(s) or not consistent with statements of the person presenting the documents or not consistent with other documents;
      (3)   Identifying information presented that is the same as another customer or the same information shown on other applications that were found or are suspected to be fraudulent;
      (4)   A person fails to provide complete personal identifying information after reminded to do so;
      (5)   Payments stop on an otherwise consistently up-to-date account;
      (6)   Change of address for an account followed by a request to change the account holder’s name;
      (7)   Account used in a way that is not consistent with prior use (e.g. very high activity);
      (8)    Mail sent to the account holder is repeatedly returned as undeliverable;
      (9)   Notice from a customer, identity theft victim, law enforcement or other person to the city of identity theft or related criminal activity or that an account has unauthorized activity; and
      (10)   Breach in the City’s computer system security or secured record system.
   (F)   Duties of city personnel.
      (1)   The city has made revisions to Chapter 52 in the Code of Marseilles in an attempt to comply with the Fair and Accurate Credit Transaction Act of 2003. No less frequently than yearly, the city personnel involved with water and sewer billing shall meet with the Commissioner of Public Health and Safety to consider further ordinance revisions or changes in policies or procedures.
      (2)   Upon any city personnel involved with water and sewer billing detecting a red flag, such person shall take the following steps:
         (a)   Log the event as a detected red flag and update such log periodically to indicate this disposition of said red flag;
         (b)   Take reasonable steps to verify whether or not the red flag is a true indication of identity theft or other possible criminal activity; and
         (c)    When criminal activity is indicated or where city personnel cannot determine if criminal activity is identity theft, report the incident to the Police Chief in writing for further investigation.
(Ord. 1356, passed 11-5-08)