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Home My WebLink About26-32 Resolution Supporting Executive Order No. 01-2026, the Data Center Transparency & Accountability Order Prohibiting Nondisclosure or Other Confidentiality AgreementsCanneth Lce President Sheila Niczgodski Vice President Ophclia Goodell -Rodgers Chairperson, Committee of the Whole Cannel!' Lee First District Opliclia Goodell -Rodgers Second District Sharon L. McBride Third District Dr. Heidi Beidiuger Fourth District Sherry Bolden -Simpson Filth 1)istrict Sheila Niezgodski Sixth District 1)r. Oliver Davis At Large Rachel Tomas Morgan Al Large Karen L. White At Large City of South Bend Common Council 300 Cii\ I Iall • 215 S. Martin Luther King, Jr. Blvd. South Bend, Indiana 16601 Bianca Tirado City Clerk, South Bend, IN South Bend Common Council 215 S. Dr. Martin Luther King Jr., Blvd Suite 300 South Bend, Indiana 46601 Filed in Clerk's Office SEP 2 3 2026 September 23, 2026 Re: A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL IN SUPPORT OF EXECUTIVE ORDER NO. 01-2026, THE DATA CENTER TRANSPARENCY & ACCOUNTABILITY ORDER PROHIBITING NONDISCLOSURE OR OTHER CONFIDENTIALITY AGREEMENTS Dear Members of the Council, Attached please find for your consideration a resolution expressing the Council's support for Executive Order No. 01-2026, the Data Center Transparency & Accountability Order, issued by Mayor James Mueller on September 16, 2026. As the resolution sets out, the Order prohibits City departments, employees, and appointees from entering into, approving, amending, renewing, or extending data center agreements that would restrict transparency or public disclosure beyond what applicable law already permits. It further requires that data center project agreements affirm their status as public records under the Indiana Access to Public Records Act, subject only to the protections that state and federal law already provide. I believe this Order reflects a principle this Council should stand behind: that agreements affecting public assets, public funds, and public services; including those involving data center projects, should be conducted with the transparency our residents are entitled to expect. I will be available to discuss this bill under the Personnel and Finance Committee and at the full Council meeting on Monday, September 28, 2026. Thank you for your attention to this matter. I am happy to answer any questions in the meantime. Respectfully, Canneth Lee President, 1st District Council Member cons, Ophe_ia Gooden-Rodgers 2nd District Council Member )1/ /f Sheila Niezgodski Vice President, 6th District Council Member (4,0 1 ar.. WCw• Rachel Tomas Morgan At -Large Council Member (.57I.) 235-9321• Fax (.i71) 23.3-4)173 •'11)1) (571) 235-.5;3(i7 • http://uww.soutbbcudliu.gov BILL NO. 26-32 RESOLUTION NO. Filed in Clerk's Office Sep 23, 2026 Bianca Tirado City Clerk, South Bend, IN A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL IN SUPPORT OF EXECUTIVE ORDER NO. 01-2026, THE DATA CENTER TRANSPARENCY & ACCOUNTABILITY ORDER PROHIBITING NONDISCLOSURE OR OTHER CONFIDENTIALITY AGREEMENTS WHEREAS, the Common Council acknowledges that 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, on September 16, 2026, Mayor James Mueller issued Executive Order No. 01-2026, entitled the "Data Center Transparency & Accountability Order Prohibiting Nondisclosure or Other Confidentiality Agreements"; and WHEREAS, Executive Order No. 01-2026 directs that no City department, employee, or appointee subject to the Mayor's supervision and control enter into, approve, amend, renew, or extend an agreement concerning a data center if the agreement would prohibit or restrict transparency or public disclosure beyond the extent required by applicable law; and WHEREAS, the Executive Order further requires data center project agreements to state that they are public records subject to disclosure under the Indiana Access to Public Records Act, except for information that must be withheld under applicable state or federal law; and WHEREAS, the Indiana Access to Public Records Act, Indiana Code § 5-14-3, governs public access to City records and recognizes mandatory and discretionary protections from disclosure, including protections established by other state and federal laws; and WHEREAS, Executive Order No. 01-2026 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 Common Council recognizes the public importance of transparency and accountability in decisions involving data center projects and supports clear, lawful public access to the material terms of City agreements concerning such projects; and WHEREAS, the Common Council also recognizes that transparency requirements must operate consistently with APRA and all other applicable privileges, exemptions, confidentiality requirements, and restrictions under state and federal law; and WHEREAS, the Common Council desires to express its support for Executive Order No. 01-2026 and for the City's implementation of its transparency and accountability requirements. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. The Common Council hereby supports Executive Order No. 01-2026 and its policy of maximizing transparency, accountability, informed public participation, and lawful public access to the material terms of City agreements concerning data center projects. SECTION II. The Common Council further supports the Executive Order's prohibition against entering into, approving, amending, renewing, or extending data center agreements that restrict transparency or public disclosure beyond the extent required by applicable law. SECTION III. Nothing in this Resolution shall be construed to require disclosure of information that applicable law requires the City to withhold; to waive any attorney -client privilege, attomey work -product protection, deliberative -material protection, personal -privacy protection, trade -secret protection, security protection, or other legal protection; or to authorize withholding of any record that APRA or other applicable law requires the City to disclose. SECTION IV. This Resolution shall be in full force and effect upon its passage by the Common Council and approval by the Mayor. Adopted by the Common Council of the City of South Bend, Indiana, this _ day of 2026. Canneth J. Lee, Council President South Bend Common Council Attest: Bianca L. Tirado, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of . 2026, at o'clock .m. Bianca L. Tirado, City Clerk Office of the City Clerk .m. Approved and signed by me on the day of , 2026, at _ o'clock James Mueller, Mayor City of South Bend, Indiana