HomeMy WebLinkAbout5188-26 Resolution Supporting Executive Order No. 01-2026, the Data Center Transparency & Accountability Order Prohibiting Nondisclosure or Other Confidentiality Agreements RESOLUTION No . 5188-26
Passed by the Common Council of the City of South Bend, Indiana
September 28, 2026
Attest: 4.6.1,1City Clerk
Bianca L. Tirado
Attest: e) ) -- President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
September 29, 2026
1I ljtk 4. City Clerk
Bianca L. Tirado
Approved and signed by me Bcii' 20 26
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Mayor
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BILL NO. 26-32
RESOLUTION NO. 5188-26
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, attorney 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.
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Canneth J. Lee, Council President
South Bend Common Council
Attest:
el
Bianca L. Tirado, Ci 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 29th day of September_, 2026, at 12_o'clock p.m.
41144(4 .4
Bianca L. Tirado, Cit Clerk
Office of the City Clerk
Approved and signed by me on the 11111_day of P C h , 2026, at I o'clock
.m.
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Jame ueller, Mayor
City f South Bend, Indiana