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1. PROGRAM ADOPTION <br />Federal Regulations require the City of Gem Lake ("City") to establish an Identity Theft <br />Prevention Program ('Program") pursuant to the Federal Trade Commission's Red <br />Flags Rule ("Rule"), which implements Section 114 of the Fair and Accurate Credit <br />Transactions Act of 2003. 16 C. F. R. § 681.2 to detect, prevent and mitigate identity <br />theft. This program was developed with oversight and approval of the Program <br />Administrator and the City Council. After consideration of the nature and scope of the <br />City's activitiesincluded the provision of public utilities, the Program Administrator <br />determined that this Program was appropriate for the City's utility operations, and; the <br />program was subsequently adopted by the City Council on October 21, 2008. <br />Il. PROGRAM PURPOSE AND DEFINITIONS• <br />A. Fulfilling requirements of the Red Flags Rule <br />Under the Red Flag Rule, every financial institution and creditor is required to establish. <br />an "Identity Theft Prevention Program" tailored t❑ its size, complexity and the nature of <br />its operation. Each program must contain reasonable policies and procedures to: <br />1. Identify relevant. Red Flags for new and existing covered accounts and <br />incorporate those Red Flags into the Program; <br />2. Detect Red Flags that have been incorporated into the Program; <br />3. Respond appropriately to any Red Flags that are detected to prevent and <br />mitigate Identity Theft; and <br />4. Ensure the Program is updated periodically, to reflect changes in risks to <br />customers or to the safety and soundness of the creditor from Identity Theft, <br />B. Red Flags Rule definitions used in this Program <br />The Red Flags Rule defines "Identity Theft" as "fraud committed using the identifying <br />information of another person" and a "Red Flag" as a pattern, practice, or specific <br />activity that indicates the possible existence of Identity Theft. <br />According to the Rule, a municipal utility is a creditor subject to the Rule requirements. <br />The Rule defines creditors "to include finance companies, automobile dealers, mortgage <br />brokers, utility companies, and telecommunications companies. Where non-profit and <br />government entities defer payment for goods or services, they, too, are to be <br />considered creditors." <br />All the City's utility accounts that are individual utility service accounts held by <br />customers of the utility whether residential, 'commercial or industrial are covered by the. <br />Rule. Under the Rule, a "covered account" is: <br />