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Council tables public records fee ordinance; calls for more public meetings on the measure

South Bend City Council Tables Controversial Ordinance on Fees for Police Body Camera Footage

SOUTH BEND — In a move that underscores ongoing tensions between transparency, public access to information, and municipal budgeting constraints, the South Bend Common Council voted unanimously on Monday evening to table an ordinance that would have imposed fees on individuals requesting copies of police body camera videos. The decision, made during a packed council meeting at the County-City Building, delays what proponents called a necessary measure to offset administrative costs, while critics decried it as a barrier to accountability in law enforcement.

The ordinance, introduced earlier this month by Council Member-at-Large Oliver Davis, sought to amend the city's public records access policies under Indiana's Access to Public Records Act (APRA). Specifically, it proposed charging requesters up to $150 per hour for the time city employees spend reviewing, redacting, and preparing body-worn camera footage for release. This fee structure would apply to videos from the South Bend Police Department's (SBPD) body cameras, which have been in widespread use since 2018 following a push for greater police accountability after several high-profile incidents in the region.

Council members argued that the fees were essential to manage the growing volume of requests, which have surged in recent years amid heightened public scrutiny of police interactions. According to city officials, the SBPD receives dozens of such requests monthly, often from journalists, attorneys, civil rights groups, and private citizens. Processing these can be labor-intensive, involving legal reviews to ensure compliance with privacy laws, such as redacting sensitive information like the faces of minors or victims of crimes. "We're not trying to hide anything," Davis explained during the meeting. "This is about sustainability. Our staff is overwhelmed, and without some cost recovery, we're diverting resources from other critical services."

Opposition to the ordinance was vocal and multifaceted. Representatives from the American Civil Liberties Union (ACLU) of Indiana, local media outlets including the South Bend Tribune, and community activists packed the council chambers, delivering impassioned testimonies during the public comment period. Jane Henegar, executive director of the ACLU of Indiana, argued that the fees would disproportionately affect low-income residents and communities of color, who are often the most impacted by police encounters. "Transparency isn't a luxury; it's a right," Henegar stated. "Imposing fees like this creates a paywall around justice, making it harder for ordinary people to hold power accountable."

Local journalists echoed these concerns, highlighting how such fees could chill investigative reporting. Tribune reporter Jeff Parrott, who has covered numerous police-related stories, testified that body camera footage has been instrumental in uncovering discrepancies in official narratives, such as in the 2019 fatal shooting of Eric Logan by a South Bend officer—a case that drew national attention during Pete Buttigieg's presidential campaign. "If we have to pay hundreds of dollars per request, it limits our ability to do thorough journalism," Parrott said. "This isn't just about cost; it's about the public's right to know."

The debate also touched on broader national trends. Across the U.S., cities like Chicago and Los Angeles have implemented similar fee structures for body camera footage, often justified by the high costs of storage, retrieval, and redaction. A 2023 report by the National Conference of State Legislatures noted that while body cameras promote accountability, the administrative burden has led to backlogs and budget strains in many departments. In Indiana, state law allows agencies to charge "reasonable" fees for public records, but critics argue that the proposed $150 hourly rate in South Bend exceeds what's typical, potentially violating the spirit of APRA, which emphasizes minimal barriers to access.

Council President Sharon McBride, who motioned to table the ordinance, cited the need for more input from stakeholders. "We've heard compelling arguments on both sides," McBride said. "Tabling this gives us time to refine the proposal, perhaps by incorporating sliding scales for fees based on income or exemptions for media and non-profits." The tabling vote was 9-0, with no immediate timeline set for revisiting the measure, though sources indicate it could return as early as the next council meeting in August.

This isn't the first time South Bend has grappled with police transparency issues. The city has a history of contentious relations between law enforcement and the community, particularly in the wake of the Logan shooting and subsequent reforms under former Mayor Buttigieg. The introduction of body cameras was part of a broader overhaul, including the creation of a civilian review board and enhanced training programs. However, access to footage has remained a flashpoint. In 2022, a lawsuit by the Tribune forced the release of videos related to a use-of-force incident, highlighting delays and redactions that some viewed as overly aggressive.

Supporters of the ordinance, including SBPD Chief Scott Ruszkowski, emphasized fiscal responsibility. Ruszkowski pointed out that the department's budget for records management has ballooned, with overtime costs for staff handling requests exceeding $50,000 last year alone. "Body cameras are a tool for trust-building, but we can't sustain this without some reimbursement," he told the council. "Otherwise, we're pulling officers off the streets to handle paperwork."

Critics, however, see the fees as part of a larger pattern of restricting access. Community organizer Canneth Lee, from the local Black Lives Matter chapter, drew parallels to historical barriers like poll taxes. "This is modern-day suppression," Lee asserted. "When police misconduct happens, the people who need that footage the most are the ones who can least afford it."

The tabling of the ordinance has been met with cautious optimism by opponents. "It's a win for now, but we have to stay vigilant," said Henegar of the ACLU. City officials, meanwhile, plan to hold workshops in the coming weeks to gather more feedback, potentially leading to a revised version that balances costs with accessibility.

As South Bend navigates this issue, it reflects a microcosm of national debates on policing in the post-George Floyd era. With body cameras now standard in most major departments, the question of who pays for transparency—and how much—remains unresolved. For residents like Maria Gonzalez, a local activist who spoke at the meeting about her son's encounter with police, the stakes are personal. "I shouldn't have to pay to see if my child was treated fairly," she said tearfully.

The council's decision to table the ordinance buys time, but it also prolongs uncertainty. Will fees ultimately be implemented, or will public pressure force a full retreat? As discussions continue, the balance between fiscal prudence and democratic openness hangs in the balance, with implications for trust in local government and law enforcement.

In the meantime, current policies remain in place: requests for body camera footage are processed without additional fees beyond standard copying costs, though turnaround times can stretch to weeks due to backlogs. City Attorney Dawn Jones urged residents to submit requests through official channels to ensure compliance with state law.

This development comes amid other local news, including ongoing budget deliberations for the 2026 fiscal year, where public safety funding is a top priority. The council's next meeting is scheduled for August 12, where the ordinance could potentially resurface.

For now, the tabling represents a momentary pause in a heated debate, allowing all sides to regroup and refine their positions. As South Bend strives to model progressive policing, the outcome of this ordinance could set precedents for other Midwest cities facing similar challenges. Whether it leads to greater accessibility or new financial hurdles, the conversation underscores the evolving nature of public records in an era of digital accountability. (Word count: 1,048)

Read the Full South Bend Tribune Article at:
[ https://www.southbendtribune.com/story/news/local/2025/07/29/council-tables-ordinance-putting-fees-on-police-body-camera-videos/85414897007/ ]