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Author - Logan Foster 01/03/25
The South Bend Common Council has again come under fire following allegations of hosting illegal executive sessions. Documents obtained by Redress South Bend, including email exchanges between City Clerk Bianca Tirado, Indiana Public Access Counselor Luke Britt, and Council President Sharon McBride, shed light on the Council's response to complaints raised about their actions.
The controversy began when Redress South Bend filed a formal complaint with the Public Access Counselor, claiming that the South Bend Common Council violated Indiana’s Open Door Law by holding an executive session to address Council Member misconduct—a meeting that, under law, should have been open to the public. Public Access Counselor Luke Britt reviewed the complaint and concluded that the council’s actions were indeed noncompliant.
Emails Reveal Internal Concerns
The email exchanges from September 2024 show frustration and superiority among South Bend's elected officials. South Bend's City Clerk Bianca Tirado wrote to Britt, questioning how such complaints should be managed. “This opens the door for complaints to be sent every single day, so my question is, how do we control this? Do we have to address the complaints at all?”
Common Council President Sharon McBride also weighed in, McBride stated, “What I would like to mention is that the Council has had these types of Executive Sessions in the past years to address Councilmembers, and how is it now that they are not in compliance? When a complaint is filed, do we need these complaints to be addressed at all?”
The Legal Perspective
Indiana’s Open Door Law is clear about the requirements for executive sessions, particularly regarding access and public notification. According to Luke Britt, the specific statute cited for the council’s actions, IC 5-14-1.5-6.1(b)(6), applies to discussions about employees, not elected officials. Britt explained, “Usually, when there is an issue with an office holder, that will be addressed by a party caucus and not the remainder of a board or council. In cases where a council does address behavioral issues (i.e. school board members that are not politically affiliated officially), it does so publicly and may issue some sort of sanction or statement disapproving of the conduct.”
Despite the council’s history of hosting similar sessions, Britt reiterated that past practices do not exempt them from compliance with the law. Any official session addressing council member misconduct must be open to public oversight, ensuring transparency and accountability.
Formal Complaint Form
Emails Between OPAC and South Bend