Council Tables Ordinance on Officials' NDAs
South Bend's Personnel and Finance Committee voted 4-1 to table indefinitely a bill barring city officials from signing non-disclosure agreements.
Updated on Nov. 10, 2026 in City Hall
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The South Bend Common Council's Personnel and Finance Committee voted 4-1 on Monday, Nov. 9, to table indefinitely an ordinance that would bar city officials from entering non-disclosure agreements. The ordinance was proposed by council members Oliver Davis and Sherry Bolden-Simpson.
Why it matters
The ordinance addresses concerns that officials who sign NDAs with private developers can limit public transparency in municipal decisions. Opponents questioned the bill's vague, broad language and its legality and scope.
The committee vote was 4-1 to table the ordinance indefinitely, with Karen White voting against tabling it with its current language. The council had earlier advanced two NDA bills on Sept. 29, and the legal scope of the ordinance remains unresolved.
The players
Oliver Davis
South Bend Common Council member who co-proposed the ordinance and argues it preserves public transparency and democracy.
Bob Palmer
South Bend City Attorney who conducted legal research concluding the ordinance meets all legal requirements.
James Mueller
Mayor of South Bend whose executive order prohibiting city departments from entering data center NDAs is supported by a companion council resolution.
The details
Davis asked the committee to pause the bill to further explore its legality and seek clarification from City Attorney Bob Palmer, who said through independent legal research that the ordinance meets all legal requirements. Palmer said his help drafting the bill does not mean he thinks it should pass. A companion resolution supporting Mayor James Mueller's executive order barring city departments from NDAs on data centers also advanced on Sept. 29.
Timeline
Sept. 29: Council voted to advance consideration of two NDA bills.
Monday, Nov. 9: Committee tabled the ordinance indefinitely, 4-1.
Late 2026: Davis plans to return the ordinance to committee during one of the last two meetings of the year.
January 2027: Fallback timing for bringing the ordinance back to committee.
Political Context
The ordinance would broaden Mayor James Mueller's executive order, which already bars city departments from NDAs on data centers, to cover city officials more generally. Its tabling leaves that wider restriction unresolved while the companion resolution supporting the executive order advanced on Sept. 29.
If adopted, the ordinance would prevent South Bend city officials from signing NDAs, which could make municipal dealings with private developers more visible to residents. The bill's tabling means current officials remain free to enter such agreements for now.
The takeaway
Ordinance debates over NDAs in local government often turn on how narrowly the rules are written, and South Bend's bill will likely be judged on whether its language and legality can be clarified before it returns to committee.
What happens next
Davis plans to bring the ordinance back to the Personnel and Finance Committee during one of the last two meetings of 2026, or in January 2027 if needed.
Further reading
For related local government coverage, see City Hall reporting on South Bend.
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