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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(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. (h) Any fee collected pursuant to this section by the South Bend Fire Department shall be deposited into the E.M.S. Capital Fund for capital purchases and leases of E.M.S. equipment, firefighting equipment, and fire station repairs as further addressed in Section 9- 17 of the South Bend Municipal Code. (i) All Public Records request forms for law enforcement Recordings shall contain the statement"upon the filing of a complaint by a resident with the Community Police Review Board, the Board Director and the Community Police Review Board will review all recordings relevant to that complaint. SECTION II. If any section, subsection, sentence, clause, or phrase of this Ordinance is, for any reason, declared to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole, or any part thereof, other than the part so declared. SECTION III. This Ordinance shall be effective January 1, 2026. Canneth J. Lee, Counci President South Bend Common Council Attest: Bi nca L. Tira o, t Clerk Office of the City C erk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the 12th day of August , 2025, at 12 o'clock p.m. Page 2 of 3