Loading...
HomeMy WebLinkAboutExecutive Order 01-2026 Data Center Transparency & Accountability Order Prohibiting Nondisclosure or Other Confidentiality AgreementsCITY OF SOUTH BEND, INDIANA EXECUTIVE ORDER NO. 01-2026 Filed in Clerk's Office SEP 1 6 2026 Bianca Tirado City Clerk, South Bend, IN DATA CENTER TRANSPARENCY & ACCOUNTABILITY ORDER PROHIBITING NONDISCLOSURE OR OTHER CONFIDENTIALITY AGREEMENTS WHEREAS, City agreements concerning the use, operation, maintenance, improvement, or acquisition of data centers may affect public assets, public funds, public services, and the interests of residents; and WHEREAS, public access to the material terms of such agreements promotes transparency, accountability, informed public participation, and confidence in City government; and WHEREAS, the City shall not enter into an agreement concerning a data center if the agreement would prohibit disclosure of its terms, except to the extent nondisclosure is required by applicable law; and WHEREAS, the Indiana Access to Public Records Act, Indiana Code § 5-14-3 ("APRA"), governs public access to City records and recognizes specified mandatory and discretionary protections from disclosure, including existing protections codified elsewhere in state and federal law; and WHEREAS, this Executive Order is intended to maximize transparency, public disclosure, and lawful public access without waiving, limiting, or superseding any privilege, confidentiality requirement, exemption, or other protection provided by state or federal law; and WHEREAS, the Mayor, as the City's chief executive and administrative officer, may direct City executive departments, employees, and appointees under the Mayor's supervision and control in the conduct of City business as part of the Mayor's enumerated powers to supervise subordinate officers and ensure efficient government of the city, as set forth in Indiana Code § 36-4-5-3(6)-(7). NOW, THEREFORE, by virtue of the authority vested in me as Mayor of the City of South Bend, Indiana, I hereby order as follows: SECTION 1. Definitions. For purposes of this Order: (a) "Agreement" means any contract, lease, license, management agreement, operating agreement, development agreement, use agreement, memorandum of understanding, letter of intent, amendment, side letter, or other written arrangement to which the City or a City department, agency, board, commission, or instrumentality is a party; and (b) "Data Center" means any building, structure, or other real property or physical asset the primary services of which are the storage, management, and processing of digital data. SECTION 2. Prohibition on Nonpublic Agreement Terms on Data Center Projects. No City department, employee, or appointee subject to the Mayor's supervision and control shall enter into, approve, amend, renew, or extend an Agreement concerning a Data Center if the Agreement would prohibit or restrict Data Center transparency or public disclosure of the Agreement or any of its terms beyond the extent required by applicable law. All Data Center project Agreements shall state that it is a public record subject to disclosure under APRA, except for information that must be withheld under applicable state or federal law as described in the following paragraph. SECTION 3. APRA and Other Legal Protections. The Data Center transparency requirements of this Order are subject to APRA and to all other applicable protections, privileges, exemptions, confidentiality requirements, and restrictions provided by state or federal law. Nothing in this Order shall be construed to require disclosure of information that applicable law requires the City to withhold, such as protected trade -secrets or security information; to waive any attorney -client privilege, attorney work -product protection, deliberative -material protection, personal -privacy protection, or other legal protection; or to authorize withholding of a record that APRA or other applicable law requires the City to disclose. If a provision of an Agreement conflicts with this Section, applicable law shall control. SECTION 4. Implementation and Effective Date. The City Legal Department may issue forms, contract clauses, and administrative guidance necessary to implement this Order. This Order applies to Agreements entered into, approved, amended, renewed, or extended on or after its effective date regarding Data Center projects and shall take effect upon execution. SECTION 5. Severability. If any provision of this Order or its application is held invalid or unenforceable, the remaining provisions and applications shall remain in effect to the fullest extent permitted by law. Dated this le day of Sikr', 2026. CITY OF SOUTH BEND, INDIANA s Mueller, Mayor ATTEST: Bianca Tirado, City Clerk Filed in Clerk's Office SEP 1 6 2026 Bianca Tirado City Clerk, South Bend, IN