43-25 Amending Section 2-210 of the South Bend Municipal Code to Update Fees and Processes for Public Records Requests

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NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. Section 2-210 of the South Bend Municipal Code shall be amended as follows: Sec. 2-210. Generally. (a) The Common Council shall adopt by Ordinance a fee schedule establishing reasonable fees for delivery of documents delivered as public records under I.C. 5-14-3-2 and providing of specified public safety services, to be paid by the requesting party not later than the time of delivery of each of the services or records described. The fee schedule may be accessed on the City's website or upon in person request. (b) No fee shall be charged for inspection of the public records indicated above where a copy is not provided or for electronic copies of records provided by electronic mail, except where a certification, copying, or search fee is specified by statute or by court order. (c) The City shall require payment by the purchaser in advance of the City's production of the record. (d) The additional charge for certification shall be deposited into the same fund as the fees collected for the copies of records. (e) A person who receives information from an electronic data storage system as described in Indiana Code 5-14-3-3(d)may not use the information for commercial purposes, including to sell, advertise, or solicit the purchase of merchandise, goods, or services, or sell, loan, give away, or otherwise deliver the information obtained by the request to any other person for these purposes. Use of the information for the preparation or publication of news, for nonprofit activities, or for academic research is not prohibited. A person who uses such information contrary to this subsection may be prohibited by the City from obtaining further records under Indiana Code 5-14-3-3(d). (f) Any fees collected pursuant to this section by the South Bend Police Department, other than for law enforcement recordings, shall be deposited into the law enforcement continuing education fund for training supplies and equipment with all interest earned on the monies deposited in said fund be retained therein. (g) Any fees collected for law enforcement recordings by the South Bend Police Department shall be deposited into the law enforcement continuing education fund and used for one (1) or more of the following purposes: (1) To purchase cameras and other equipment for use in connection with the South Bend Police Department's law enforcement recording program; (2) For training concerning law enforcement recording; or (3) To defray the expenses of storing, producing, and copying law enforcement recordings. Money from a fee described in this subsection, together with all interest earned on the monies deposited in said fund is to be retained therein and does not revert to the general fund at the end of the fiscal year. Page 2 of 3