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Home My WebLink About67-26 Amendments to the South Bend Municipal Code Prohibiting NDAsCanncth I re President Sheila Nie/godski Vice President ( )phclia Coodcu-R(xlgcrs Chairperson, Committo. of the \ti'holc C.:uu►cth Ise First District ( )phclia (;oodcn-Rodg( Second District Sharon L. McBride "Third District Dr. Heidi Bcidingcr Fourth 1istrict Sherry Boldcu-Simpson Filth District Sheila Nicrgo(Iski Sixth District 1)r. Oliver Davis At Large Rachcl Tomas Morgan At L:u-ge Karen I.. White At Large City of South Bend Common Council 300 City Hall • 21.1 S. !Martin Luther King. Jr. Blvd. South Bend, Indiana WW1 Filed in Clerk's Office Sep 9, 2026 Bianca Tirado City Clerk, South Bend, IN September 9, 2026 Re: AMENDMENTS TO THE SOUTH BEND MUNICIPAL CODE BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PROHIBITING THE EXECUTION AND ENFORCEMENT OF NON -DISCLOSURE AGREEMENTS (NDAS), BY WHATEVER NAME, AGREEMENTS, CONTRACTS, OR OTHER ARRANGEMENTS BY WHICH MEMBERS OF THE SOUTH BEND CITY GOVERNMENT'S EXECUTIVE BRANCH, INCLUDING MEMBERS OF THE CITY ADMINISTRATION, THE LEGISLATIVE BRANCH, AND THE CITY CLERK'S OFFICE WHICH HAVE THE EFFECT OF PRECLUDING DISCLOSURE OF INFORMATION TO THE PUBLIC OF ANY MATTERS RELATED TO THE OPERATION OF THE SOUTH BEND CITY GOVERNMENT AND DECLARING ANY SUCH AGREEMENTS, CONTRACTS, OR OTHER SUCH ARRANGEMENTS VOID AB INITIO AS CONTRARY TO PUBLIC POLICY Dear President Lee: Transparency, accountability, and open exchange of information are hallmarks of effective local governance and public trust. Non -disclosure agreements by government officials or employees relating to the operation of the government are the antithesis of transparency, accountability, and open exchange of information and must be prohibited and be declared void ab initio as contrary to public policy. The public has an absolute right to know how tax dollars are spent, resources allocated and regulatory decisions are made. The purpose of non -disclosure agreements or similar agreements by municipal officials or employees relating to the operation and affairs of municipal government is to shield information from members of the public through private arrangements Such arrangements should not be tolerated in the South Bend City government. These proposed amendments are designed to ensure that all such arrangements, particularly those impacting public infrastructure, land use, and commercial developments such as data centers and water utilities remain fully transparent and subject to public scrutiny. We ask for these proposed ordinances to be placed on the agenda for consideration by both the Zoning and Annexation Committee and Utilities Committee as those Committees have shared interests in the issues at their September 28, 2026, meetings and the full Council meeting later that same evening. Thank you for your consideration. Sincerely yours, Dr. Oliver Davis, Member at Large South Bend Common Council Sherry Bolden -Simpson, Fifth District South Bend Common Council (.57 4) 233-<)321 • Fax (.57 41 23.5-9173 • TIM (57 4) 2.35-,i.i67 • I1ttp:/ snvw.soutlthrn(lin.go\ BILL NO. 67-26 ORDINANCE NO. Filed in Clerk's Office Sep 9, 2026 Bianca Tirado City Clerk, South Bend, IN AMENDMENTS TO THE SOUTH BEND MUNICIPAL CODE BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PROHIBITING THE EXECUTION AND ENFORCEMENT OF NON -DISCLOSURE AGREEMENTS (NDAS), BY WHATEVER NAME, AGREEMENTS, CONTRACTS, OR OTHER ARRANGEMENTS BY WHICH MEMBERS OF THE SOUTH BEND CITY GOVERNMENT'S EXECUTIVE BRANCH, INCLUDING MEMBERS OF THE CITY ADMINISTRATION, THE LEGISLATIVE BRANCH, AND THE CITY CLERK'S OFFICE WHICH HAVE THE EFFECT OF PRECLUDING DISCLOSURE OF INFORMATION TO THE PUBLIC OF ANY MATTERS RELATED TO THE OPERATION OF THE SOUTH BEND CITY GOVERNMENT AND DECLARING ANY SUCH AGREEMENTS, CONTRACTS, OR OTHER SUCH ARRANGEMENTS VOID AB INITIO AS CONTRARY TO PUBLIC POLICY STATEMENT OF PURPOSE AND INTENT Transparency, accountability, and open exchange of information are hallmarks of effective local governance and public trust. Non -disclosure agreements by government officials or employees relating to the operation of the government are the antithesis of transparency, accountability, and open exchange of information and must be prohibited and be declared void ab initio as contrary to public policy. The public has an absolute right to know how tax dollars are spent, resources allocated and regulatory decisions are made. The purpose of non -disclosure or similar agreements by municipal officials or employees relating to the operation and affairs of municipal government is to shield information from members of the public through private arrangements. Such arrangements cannot be tolerated in the South Bend City government. These proposed amendments are designed to ensure that all such arrangements, particularly those impacting public infrastructure, land use, and commercial developments such as data centers and water utilities remain fully transparent and subject to public scrutiny. They are therefore believed to be reasonable and necessary and in the best interests of the City of South Bend, Indiana. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. Chapter 1 of the South Bend Municipal Code is hereby amended to add Sections 1-26 through and including 1-30 and to read in their entirety as follows: Sec. 1-26. PROHIBITION OF FUTURE NON -DISCLOSURE AGREEMENTS, CONTRACTS OR SIMILAR ARRANGEMENTS Immediately upon passage of this ordinance, no department, board, commission, elected official, appointed official, or employee of the City of South Bend, including the Executive Branch, the Legislative Branch, and the City Clerk's office, shall enter into, execute, or renew any Non -Disclosure Agreement, confidentiality agreement, contract, or any other arrangement by whatever name, which purports to restrict or prohibit disclosure of information to the public of any matters related to the operation of the South Bend City government. Sec. 1-28 PURPOSE While this Ordinance applies universally to all City of South Bend municipal entities, the departments involving zoning decisions and utilities such as Water Works and Public Works are explicitly designated as the primary drivers of policy shifts. These departments shall therefore ensure that all future zoning issues, land use issues, utility issues, infrastructure expansions, and economic development agreements are executed completely free of any type of confidentiality restrictions. Sec. 1-28. ABSOLUTE TRANSPARENCY Under no circumstances shall the City of South Bend, its elected or appointed officials or City employees enter into a Non -Disclosure Agreement or similar arrangement regarding: (a) The development, construction, zoning, or tax abatement of technology data centers; (b) The capacity, operations, pricing allocation, or infrastructure development of the City's Water Works systems. Any such arrangements whatsoever in violation of this section are deemed void as contrary to public policy. Sec. 1-29. LEGAL CHALLENGE AND RETROACTIVE REVIEW OF PAST AGREEMENTS The City of South Bend shall actively review and deem void ab initio any such existing secrecy arrangements through the following framework: (a) Mandatory Audits. The City Attorney shall immediately review every such arrangement entered into by any City Department, elected or appointed officials, City employee, or City entity prior to September 14, 2026. (b) Statutory Compliance. The City Attorney shall evaluate each such arrangement to determine if its terms violate this ordinance or current public records laws including, but not limited to, the Indiana Access to Public Records Act, (Ind.Code 5-14-3 et seq.) (c) Termination Directives. If any such existing arrangement fails to fully comply with the transparency mandates of state statutes or the public policy established in this ordinance, the arrangement is deemed void ab initio, and the City Attorney shall iniate immediate legal challenges or termination proceedings to nullify such arrangement. (d) Monthly Reporting. The City Attomey shall submit a detailed monthly progress report of this retroactive review to the South Bend Common Council Attorney. A duplicate copy of this report shall simultaneously be delivered to the Chairperson of the corresponding Common Council Standing Committee overseeing the specific department involved. Sec.1-30. PENALTIES FOR VIOLATIONS Any City official, elected or appointed, employee, or board member who knowingly violates this ordinance or attempts to enforce a prohibited arrangement in violation of this Ordinance, shall be subject to a civil fine not to exceed Two Thousand Five Hundred Dollars ($2,500.00) for the first violation and Seven Thousand Five Hundred Dollars ($7,500) for a second or subsequent violation . SECTION II. SEVERABILITY If any part, section, subsection, paragraph, sentence, clause, or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. SECTION III. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. 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 Approved and signed by me on the day of , 2026, at o'clock .m. James Mueller, Mayor City of South Bend, Indiana