The subpoena being filed Tuesday morning // WSBT-TV photo

The subpoena being filed Tuesday morning // WSBT-TV photo (August 14, 2012)

A court could now decide if recorded phone calls at the South Bend Police Department will be released.

The Common Council has voted 8 to 1 to serve Mayor Pete Buttigieg a subpoena to find out what's on the tapes. The subpoena was filed just before noon Tuesday at the County-City Building.

A federal wiretapping investigation led to the controversial demotion of former South Bend Police Chief Darryl Boykins and the firing of the department's communications director, Karen DePaepe. The mayor made those decisions.

Mayor Buttigieg has said releasing the tapes might violate the Federal Wiretap Act. Something the writer of the law agrees with.

But an attorney for the common council doesn't agree.

The fired communications director claimed the tapes had racist and inappropriate comments on them.

The mayor's office will now have 30 days to release the tapes once the papers are served, or the case will go in front of a judge.