08/08/2025
Response from Oliver Davis Regarding South Bend Common Council Bill No. 43-25
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South Bend Common Council Bill No. 43-25, which raises fees for access to police body camera footage up to $150 per recording, has generated significant conversation in the media, online and during council meetings. Bill No. 43-25 is currently scheduled to be voted upon on August 11, 2025, during the South Bend Common Council meeting at 7 pm (EST). While the bill’s sponsor—the City of South Bend’s Legal Department—claims the measure is necessary due to the time and labor required to redact footage, the policy does not actually solve the underlying problem.
It is very important to note that during the three (3) public hearings that have been held on South Bend Common Council Bill No. 43-25, which raises fees for access to police body camera footage, since July 2025, not a single member of our South Bend public has voiced support for this bill. Yet every public comment that has been shared during the public hearings has been in opposition to passing this bill to raise fees on the police body cameras. As South Bend Common Council members, we are elected to represent our constituents, and it is our duty to reject this bill in favor of a solution that funds the legal department directly, without punishing the public’s right to access police accountability. It has been verified by our City of South Bend legal team that the City of South Bend has been in compliance with the state law regarding this bill since the Indiana State legislature allowed municipalities to have the option to implement this bill, HOUSE ENROLLED ACT No. 1019, during the Second Regular Session of the 119th Indiana General Assembly in 2016, nearly 10 years ago. Thus, what is the need to rush and to pass a change in our practice now after over seven (7) years of having police body cameras available to the people of South Bend?
It is important for our South Bend Public to clearly know that the revenue generated by the proposed increased fees of up to $150 per body camera video does not go to the legal department responsible for redaction, meaning the department that is reportedly overburdened receives none of the resources it needs. This important disconnect highlights a serious flaw in the bill’s design: it imposes a financial burden on the public without delivering a meaningful solution to city staffing or workload issues. Instead of placing additional financial strain on the residents of South Bend, a more practical and equitable response would be to include a dedicated line item in the City of South Bend’s 2026 budget to directly support the legal department’s redaction responsibilities, which will be voted upon in October 2025.
Furthermore, the City of South Bend’s legal department has not yet provided sufficient evidence or financial data that raising fees will reduce the number of requests, which is central to their justification for the bill. In their public testimony and in their documents which they have provided to the public, they have cited that other Indiana cities and counties have implemented similar fees, but offered no data proving a causal or correlative link between higher fees and fewer requests. Also, when the second largest city in Indiana, Fort Wayne, reviewed a similar bill in their City Council in 2023, they decided against implementing the $150 per video fee. Fort Wayne’s Mayor Sharon Tucker, who was a member of the Fort Wayne City Council expressed her concerns about raising the fees on body camera videos by sharing “I’m concerned that it would disproportionately impact those who could not afford to be able to capture all of the videos to be able to prove their case,” Mayor Tucker said that her main issue with the plan lies with its affordability - Sharon Tucker's Comments.
Additionally, the City of South Bend’s legal department’s framing of insurance companies and law firms from outside South Bend as major culprits behind excessive requests is concerning. When asked directly by a resident at an August 6, 2025 hearing about whether or not these firms and companies could represent South Bend residents, the city attorney acknowledged that those same firms may be representing South Bend residents—meaning the burden of these inflated costs will ultimately fall on local individuals, not distant outsiders. Given that the state of Indiana mandates these fees must be applied uniformly, there is no legal path to charge outsiders more than residents. That means South Bend residents could now be forced to pay over ten times the $9 fee currently in place.
Henceforth, it is very important for the South Bend Common Council to address this matter in the City of South Bend’s Budget sessions and to not burden the residents of South Bend with this additional cost.
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