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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 k AA_.......___ Mayor 5 UTI�`'` 1-.0 • \ \ " � ` l r 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. '---i—' -, 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. jt/ - Jame ueller, Mayor City f South Bend, Indiana