11216-25 Amending Section 2-210 of the South Bend Municipal Code to Update Fees and Processes for Public Records Requests

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BILL NO. 43-25 ORDINANCE NO. 11216-25 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 2-210 OF THE MUNICIPAL CODE PERTAINING TO FEES AND PROCESSES FOR PUBLIC RECORDS REQUESTS STATEMENT OF PURPOSE AND INTENT Section 2-210 of the South Bend Municipal Code provides the regulations governing the fees for delivery of documents requested through the Access to Public Records Act, as well as fees for specific public safety services. The proposed ordinance provides key updates to this Section, including a revision to shift the list of specific fees to a fee schedule from the Municipal Code, which will assist with the process for requesting future revisions from the Common Council. The proposed ordinance also includes an update to include a provision, consistent with Indiana law, that no fee shall be charged for electronic transmission of records in most circumstances, unless specified by state law or court order. The proposed ordinance clarifies the language regarding certification of records and clarifies the appropriate processing of fees for certification. The proposed ordinance includes a provision permitted by Indiana Code 5-14-3-3(e) that prohibits the use of certain requests for information from an electronic data storage system for commercial purposes. The proposed ordinance, together with the fee schedule, incorporates updates permitted by Indiana Code 5-14-3-8(g)(1) to permit charging for the direct costs of producing law enforcement recordings, which includes the significant time spent in reviewing and redacting law enforcement recordings consistent with the requirements of the Access to Public Records Act prior to delivery. Review and redaction of law enforcement recordings represent a significant proportion of the time spent responding to public record requests, and adopting the charges permitted by Indiana law is expected to generate beneficial revenue for the purposes set forth in the proposed ordinance. The proposed ordinance also incorporates guidelines set forth by Indiana Code 5-14-3-8(1) for the expenditures that may be funded with fees collected for the production of a law enforcement recording. This ordinance amendment is necessary for the effective, efficient administration of the Access to Public Records Act process. This ordinance is in the best interest of the City and its residents. 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. Page 1 of 3