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HomeMy WebLinkAboutResolution 070-2009 Resolution No. 70-09 Resolution Adopting the City of Brookings Identity Theft Policy pursuant to the Requirements of the Fair and Accurate Credit Transactions Act of 2003 Be It Resolved by the City Council of the City of Brookings, South Dakota as follows: Whereas,the Fair and Accurate Credit Transactions Act of 2003 ("FACTA") and regulations and guidelines promulgated by the Federal Trade Commission require creditors and financial institutions to develop and implement written"identity theft prevention programs"; and Whereas, the Identity Theft Prevention Programs must provide for the identification, detection and response to patterns, practices, or specific activities—known as "red flags"which could indicate identity theft; and Whereas,under FACTA, the definition of "creditor" includes circumstances where a payment is made after delivery of a product or service, and therefore, in some circumstances,the city is or may be deemed to be a creditor under FACTA and therefore is required to comply with the Identity Theft Red Flags Rule, and Whereas, the City of Brookings has developed an Identity Theft Policy in compliance with the foregoing requirements, Now Therefore, It Is Hereby Resolved by the City Council of the City of Brookings, South Dakota, as follows: A. That the City of Brookings Identity Theft Policy which accompanies this Resolution is hereby adopted; and B. That the City Finance Manager is hereby designated as the Program Administrator of the City of Brookings Identity Theft Policy, with authority to further develop and implement this policy; and that C. This Resolution is necessary for the immediate preservation of the public peace, health, or safety, or support of the municipal government and shall take effect upon the passage and publication thereof Passed and approved on the 28th day of July, 2009. CITY OF BROOKINGS AT EST Tim Reed, Mayor hCwi77)* „ Shari L. Thornes, City Clerk