HomeMy WebLinkAbout11216-25 Amending Section 2-210 of the South Bend Municipal Code to Update Fees and Processes for Public Records Requests ORDINANCE No .
11216-25
Passed by the Common Council of the City of South Bend, Indiana
August 11, 25
20
Attest: titttlAA, City Clerk
Bianca L. Tirado
Attest: President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
August 12, 20 25
PAAket 4-1 0114,114'''''.- City Clerk
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Bianca L. Tirado
Approved and signed by me 134 j c 1t 7,0 20 25
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Mayor
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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.
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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.
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Bianca L. Tirade Ci lerk
Office of the City Clerk
Approved and signed by me on the l9 day of A, psi , 2025, at it o'clock
f.m. /
Ja s Mueller, Mayor
Ci of South Bend, Indiana
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Fee Schedule
The following reasonable fees are established,to be paid by the requesting party not later than the delivery
time of each of these services or each of these documents described:
(1) Each page of any document which is a public record under I.C.5-14-3-2 which is not excepted from
disclosure.
a. Noncolor photocopy 0.10
b. Color photocopy 0.25
(2) Motor vehicle accident reports 8.00
(3) Police summary report(a form of report which does not exist as a record prior to public request and is
not explicitly mentioned in this section):
a. Victim 5.00
b. All others 8.00
(4) Police Department crime statistic compilation (a form of report which does exist as a public record
prior to public request)8.00
(5) Audio tapes or CDs, per item:
a. Those reproduced by the City of South Bend 10.00
b. Those requiring outside resources(plus outside costs) 2.00
(6) Photographs:
a. Those reproduced by the City of South Bend from its negatives(no larger than 8"x 10") by laser
1.00
b. Those reproduced by the City of South Bend using color sub-dye print method 5.00
c. Enlargement of Polaroid or reproductions requiring outside resources(plus outside cost) 2.00
(7) Fingerprinting an individual (per card) 10.00
(8) Fire Investigation reports 25.00
(9) Blueprints, per page 6.00
(10) Videotapes or DVD, per item:
a. Those reproduced by the City of South Bend 10.00
b. Those requiring outside resources(plus outside costs)2.00
(11) Law enforcement recordings:
a. May be charged $25.00 per hour, up to$75.00 per recording, based on actual time spent to
search, log, download, review, upload, edit/redact and process each video associated with the
incident requested. (i.e., if the request includes two recordings,total cost may be up to$150.00).
b. The fee for law enforcement recordings shall be reviewed after one(1)year of the passage of
this subsection to determine the effectiveness of the fee in reducing time necessary to redact
requested law enforcement recordings.
Data discs, per disc 3.00
(12) Maps, per square foot of paper 1.00
(13) EMS report 15.00
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(14) Motor or recreational vehicle inspection and rebuilt salvage inspection:
a. Occurring at the Police station 5.00
b. Vehicle inspection occurring away from the Police station 15.00
c. Rebuilt salvage inspection occurring away from the Police station 50.00
(15) Limited criminal history reports
a. Request from the subject for a copy of his/her limited criminal history 7.00
b. Copy of limited criminal history on another person 7.00
However such requests shall be provided free if mandated by I.C. 10-13-3.
(16) Providing materials other than public records request 10.00
Unless described in other specific categories:
Per page(non-color)0.25
Per page(color)0.50
Per tape 15.00
For first photograph 15.00
For all others 5.00
(17) Requested mailing of public records:
a.Standard business size or smaller envelope 2.00
b. Manila envelope 9" x 12" or larger 3.00
c. Package 5.00
(18) CPAT testing offered to other Fire Departments:
a. Set up and break down costs 700.00
b. Training session conducted by SBFD 350.00
c. Testing conducted by SBFD(per applicant)45.00
(19) Processing fee for Police Department towing process fees 10.00
(20) No trespass signs:5.00
(21) If an individual wishes to have any records certified by the City Clerk or any employee of the City of
South Bend,there shall be a five dollar($5.00)charge for the certification in addition to the charges, if any, set
forth above.
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