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ADMINISTRATIVE ORDER NO.21-09-06 of the City Manager City of Eugene, Oregon AMENDING THE EUGENE IDENTITY THEFT PROTECTION PROGRAM POLICIES PURSUANT TO THE FAIR AND ACCURATE CREDIT TRANSACTIONS ACT OF 2003, AND REPEAL OF ADMINISTRATIVE ORDER N0.21-08-07. The City Manager of the City of Eugene finds that: A. Under the provisions of Chapter IV, Section 16 of the Eugene Charter of 2002, the City Manager is designated as the administrative head of the City and specifically authorized to assign the duties of all administrative employees. B. The Fair and Accurate Credit Transactions (FACT) Act of 2003, Pub. Law 108- 159, and rules promulgated by the Federal Trade Commission (FTC) pursuant to the FACT Act, 16 C.F.R. 681, require the City to implement identity theft protection policies. In addition, the Oregon Consumer Identity Theft Protection Act, ORS 646A.600 through ORS 646A.628, requires the City to develop identity theft protection policies. C. The FTC had previously required that identity theft protection policies be implemented by November 1, 2008. Consequently, the City Manager issued Administrative Order No. 21-08-07 establishing the Eugene Identity Theft Protection Program Policies Pursuant to the Fair and Accurate Credit Transactions (FACT) Act of 2003, effective November 1, 2008. D. At the request of Members of Congress, the FTC is delaying enforcement of the identity theft protection policies until June 1, 2010. Therefore, it is necessary that the City delay the implementation date of its identity theft protection policies until June 1, 2010. As a result of the implementation delay, Section 5(d) of the Policies should be amended to revise the date on which department heads begin reporting to the City Manager to December 31, 2010. Based upon the above findings, Administrative Order No. 21-08-07 is repealed and the City of Eugene Identity Theft Protection Program Policies set out below are adopted effective June 1, 2010. The City of Eugene Identity Theft Protection Program Policies are designed to detect, prevent and mitigate identity theft and are appropriate to the size and complexity of the City and the nature and scope of the City's activities. CITY OF EUGENE IDENTITY THEFT PROTECTION PROGRAM POLICIES (1) Definitions. (a) "Account" means a continuing relationship established by a person with the City to obtain a product or service for personal, family, household or business purposes. Account includes: Administrative Order -- Page 1 of 7