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ORD 710 10/25/2005 ORDINANCE NO. 710 AN ORDINANCE PROVIDING FOR A PRIVACY POLICY PERTAINING TO THE REQUIRED DISCLOSURE OF AN INDIVIDUAL'S SOCIAL SECURITY NUMBER BY THE CITY OF CIBOLO UTILITY(S); PROVIDING FOR CONFIDENTIALITY AND SECURITY FOR SUCH SOCIAL SECURITY NUMBER; PROVIDING FOR THE PROCESS FOR COLLECTION, USE, PROTECTION, ACCESS, AND REMOVAL OF SOCIAL SECURITY NUMBERS; PROVIDING THAT THIS PRIVACY POLICY BE MADE AVAILABLE TO ANY INDIVIDUAL REQUIRED TO DISCLOSE A SOCIAL SECURITY NUMBER TO THE CITY'S UTILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, H.B. 1130, passed by the 79th Texas Legislature (2005) and made effective September 1, 2005, provides that municipally-owned utilities that require disclosure of an individual's social security number must adopt a Privacy Policy relating to that social security number; and WHEREAS, H.B. 1130, also provides that an individual's social security number may not be required to be disclosed by a municipally-owned utility in order to obtain goods and services from or enter into a business transaction with the utility, unless the utility adopts a Privacy Policy relating to that social security number; and WHEREAS, the Privacy Policy must be made available to the individual whose social security number is required to be disclosed; and WHEREAS, the Privacy Policy must provide for the confidentiality and security of the social security number and include how personal information is collected, how and when it is used, how it is protected, who has access to it, and how it is disposed of; and WHEREAS, a municipally-owned utility that does not adopt a Privacy Policy or that does not make it available to an individual whose social security number is required to be disclosed, is liable to the State for a civil penalty in an amount not to exceed five hundred ($500) dollars for each calendar month during which such Privacy Policy is not adopted or not made available. NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS: The City Council of the City of Cibolo, on behalf of its City-owned utility(s), hereby adopts the Privacy Policy described below of this Ordinance pertaining to the required disclosure of an individual's social security number by our Cibolo utility. City of Cibolo Privacy Policy for Social Security Numbers Section 1: Pursuant to H.B. 1130 (2005), the following constitutes the Privacy Policy adopted by the City of Cibolo concerning the required disclosure of an individual's social security number to our Cibolo utility. 1. It is the policy of the City to protect the confidential nature of social security numbers that are disclosed to the City in connection with the provision of utility services. 2. Disclosure of a social security number may be requested by the Cibolo utility from an individual by telephone, through a form that is mailed to the individual, or by the Internet. The social security number is requested only in connection with the provision of the City's Cibolo utility service to the individual as a customer or potential customer. The social security number is used by the Cibolo utility only as necessary in order to provide the customer with services, including but not limited to: identifying an individual as a customer or potential customer, for internal verification or administrative purposes, to perform a credit check and/or for debt collection purposes. 3. The Cibolo utility protects a social security number that is requested to be disclosed by an individual through physical and electronic barriers that are accessed only by those utility employees on a need-to-know basis who require access in order to perform specific functions related to customer service. Disclosure of a customer's social security number through a written request is governed by applicable provisions of the Texas Public Information Act (Chapter 552 of the Texas Government Code) and other applicable state and federal law. 4. Cibolo utility records containing social security numbers that were required to be disclosed by former customers are disposed of in accordance with the City's Records Retention Policy and state and federal law, including but not limited to, provisions of the Texas Local Government Code and administrative rules adopted under its authority. 2 Section 2. It shall be the policy of the City of Cibolo to provide the Privacy Policy described above to an individual who is required to disclose their social security number to the Cibolo utility. Section 3. This Ordinance shall take effect immediately upon passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CIBOLO this, the 2.5 day of ©o-/abet , 2005. // • NY SU 4 N, MAYOR OF CI.= 4 LO, TEXAS ATT/EST J� 2::, __ PEGGY CIMICS, CITY SECRETARY CITY OF CIBOLO, TEXAS APPROVED AS TO FORM: il- -- .z...„-,...--2...._- SUSAN C. ROCHA CITY ATTORNEY CITY OF CIBOLO, TEXAS 3