South Bend Council Voted to Ban Data Center NDAs

The city council moved to prohibit nondisclosure agreements regarding data center projects in municipal departments.

Updated on Sept. 30, 2026 in City Hall

South Bend Council Voted to Ban Data Center NDAs

Live Poll

Should city governments be prohibited from signing non-disclosure agreements regarding public infrastructure projects?

The South Bend Common Council voted to support an executive order banning nondisclosure agreements (NDAs) concerning local data center projects. This move seeks to increase transparency in city government decision-making processes.

Why it matters

Proponents argue that confidentiality agreements have historically shielded essential public information from resident oversight. These measures aim to ensure that city decisions about major infrastructure developments remain accessible to the community.

The ordinance mandates that the city attorney conduct a retroactive audit of all past nondisclosure agreements. Additionally, the attorney must provide monthly reports to the Common Council attorney regarding these records.

The players

South Bend Common Council

This is the legislative body responsible for passing local ordinances and resolutions for the city of South Bend.

James Mueller

He serves as the Mayor of South Bend and previously signed an executive order regarding data center transparency.

The details

The proposed ordinance prohibits members of the executive branch, legislative branch, and the clerk's office from signing future NDAs regarding data centers. Members voted to advance this ordinance following the signing of a related executive order by Mayor James Mueller earlier this month.

September 28, 2026: The South Bend Common Council voted on the resolution and ordinance.
September 29, 2026: Council members gave the proposed ordinance a favorable recommendation.
November 9, 2026: The Personnel and Finance Committee will hear the ordinance.

Political Context

Opponents of the transparency measures may argue that such bans could hinder the city's competitive ability to attract large-scale technology investments. This pushback typically centers on the need to maintain trade secrets when negotiating complex development contracts with private firms.

Residents can expect increased transparency regarding how city officials negotiate and approve major development projects in their neighborhoods. This change effectively restricts the use of private contracts that previously prevented the public from viewing government data center records.

The takeaway

This policy change shifts the burden of proof toward city officials to justify why any specific municipal information should be kept private. Taxpayers are encouraged to track the upcoming committee report to see how these newly mandated audits might impact future local development transparency.