08/09/10 Board of Public Works Minutes

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REGULAR MEETING AI1GL.~~T 9, 24I {? X39 B. Before, during, car after the caseiircg session is completed, the Counseling Agency inay not allow a lender to contact a counsel©r or the Counseling Agency to refer a client; discuss a client's personal information, including the time or scheduling of the counseling or rerluest information regarding the topics covered in a counseling session... C'. To safeguard further the privacy of their clients, the Counseling Agency also roust. not: • accelat ~4unselia~g requests by anyone "e)rl behalf of ' consumers, except for persons -_.__, who are legally empowered tea represent such consumers; and • provide information on the scheduling, progress,. or outcome of any counseling, case to anyone vaithou# the client's express prior signed perrraission as documented by the ceaunselcar in the client"s record. 1=). Counselors must trot accept co~znsaling requests directly from lenders `°on taelxalf ot" clients, car provide ii~.fearmation to lenders abo~.rt the scheduling, progress or outcome of any counseling session with€aut the client's permission. These practices undermine the independence of the counselor's role, disrespect coiisuiner a-ttonomy and violate the confidentiality of the counseling process. Instead, counselors roust make it clear to the client tronn the start: l) that they have a confidential relatie~nship with the client that is independent of the ).ender; 2} that the role of the ceaunsel©r is separate from that caf the lender; and 3j that the counselor's~db is to represent the )nest interests of the client. E. hloweverr,rf a client. has already been iat cr~ntact r~vitlx a lender, the coz~nselor should show sensitivity to that established relationship by neither encouraging tlor discouraging the continuance ofthe relationship. F_ if a lencfier directly contacts the Counseling .agency to schedule an appointment on behalf of a clienf the counselor must advise the lentle~' oaf the prohihition against this aCti~rity and if it continues, the counselor should contact the 1-~I11] Homeownership Center. G. l~ailure to maintain the confidentiali#y of, +ar improper use of, credit reports may subject tike Counseling Agency to penalties under the Fair Credit reporting Act (14 L].S.C. ] X81 et seq.). H. Hard copies of client files must be kept in locked. filing cabinets and electrranic client files roust be kept secure, and be accessible only by authorised individuals. 2. This resolution shall take effect immediately upon xts adoption by the Board. ADQP"TEI~ at a meeting of the guard of Public 'Works cf the City of South Bend, Indiana. held on August 'q, ~(}It} at ]3~8 County-City Building, 227 ~V. Jefferson Boulevard, Scauth Bernd, Indiana 4a6f31. BQA1~D QF I'1J8LiC 'WC?RKS QF TI-IE CITY flF sc~uTl~ BENI], I~171ANA s/Gary C~ilot, President sll7onald 1/. Inks, 1Vlerxrber