South Bend Mayor James Mueller has signed an executive order barring city departments from using confidentiality agreements in future data center deals.
The order, signed Tuesday, prohibits city departments, employees and mayoral appointees from entering into or approving data center agreements that restrict public disclosure. It also requires future agreements to clearly state they are public records under Indiana’s Access to Public Records Act.
The order takes effect immediately and applies to data center agreements entered into, amended, renewed or extended after its signing.
City officials said Amazon is the only data center-related project with an active nondisclosure agreement. That agreement was signed by members of the city’s public works team in December 2023 and is set to expire in December 2026.
Amazon’s wastewater services agreement with South Bend was approved publicly by the Board of Public Works in December 2024. The city said subsequent wastewater permits and amendments also were approved at public meetings and are available online.
St. Joseph County oversees land use and redevelopment activity connected to the Amazon project. South Bend’s role is limited to providing wastewater service for the facility outside city limits.
