Laserfiche WebLink
Filed in Clerk's Office <br /> JUL 0 8 2025 <br /> BILL NO. 43-25 <br /> Bianca Tirado <br /> ORDINANCE NO. City Clerk, South Bend, IN <br /> AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, <br /> INDIANA,AMENDING SECTION 2-210 OF THE MUNICIPAL CODE PERTAINING <br /> TO FEES AND PROCESSES FOR PUBLIC RECORDS REQUESTS <br /> STATEMENT OF PURPOSE AND INTENT <br /> Section 2-210 of the South Bend Municipal Code provides the regulations governing the <br /> fees for delivery of documents requested through the Access to Public Records Act, as well as fees <br /> for specific public safety services. <br /> The proposed ordinance provides key updates to this Section, including a revision to shift <br /> the list of specific fees to a fee schedule from the Municipal Code, which will assist with the <br /> process for requesting future revisions from the Common Council. <br /> The proposed ordinance also includes an update to include a provision, consistent with <br /> Indiana law, that no fee shall be charged for electronic transmission of records in most <br /> circumstances, unless specified by state law or court order. <br /> The proposed ordinance clarifies the language regarding certification of records and <br /> clarifies the appropriate processing of fees for certification. <br /> The proposed ordinance includes a provision permitted by Indiana Code 5-14-3-3(e) that <br /> prohibits the use of certain requests for information from an electronic data storage system for <br /> commercial purposes. <br /> The proposed ordinance, together with the fee schedule, incorporates updates permitted by <br /> Indiana Code 5-14-3-8(g)(1)to permit charging for the direct costs of producing law enforcement <br /> recordings, which includes the significant time spent in reviewing and redacting law enforcement <br /> recordings consistent with the requirements of the Access to Public Records Act prior to delivery. <br /> Review and redaction of law enforcement recordings represent a significant proportion of the <br /> time spent responding to public record requests, and adopting the charges permitted by Indiana <br /> law is expected to generate beneficial revenue for the purposes set forth in the proposed ordinance. <br /> The proposed ordinance also incorporates guidelines set forth by Indiana Code 5-14-3-8(1) <br /> for the expenditures that may be funded with fees collected for the production of a law enforcement <br /> recording. <br /> This ordinance amendment is necessary for the effective, efficient administration of the <br /> Access to Public Records Act process. This ordinance is in the best interest of the City and its <br /> residents. <br /> Page 1 of 3 <br />