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