Court Considers Subpoena Authority for Baltimore Inspector General

BALTIMORE — The ongoing legal battle over the subpoena power of Baltimore's Inspector General, Isabel Cumming, may have broader implications for similar oversight bodies throughout Maryland.

Cumming has taken legal action against Mayor Brandon Scott's administration after her requests for subpoenas were ignored during an investigation into the Mayor's Office of Neighborhood Safety and Engagement (MONSE). This inquiry gained attention when Cumming revealed a trove of heavily redacted documents.

In January, Cumming reported that access to critical records was abruptly cut off. The Mayor's Office claimed that the release of what they characterized as attorney-client privileged information necessitated the termination of her office's access.

Historically, the Inspector General's office has relied on access to records to investigate waste and fraud within City Hall. However, the MONSE investigation appears to have raised new concerns, prompting the administration to restrict access.

In response to the lawsuit filed by Cumming, City Councilman Mark Conway proposed a bill to make the Inspector General a co-custodian of records. If approved by the council, the measure would be put to a public vote, amending the city charter.

“If we want our city to thrive and succeed, we need to hold individuals accountable for fraud and abuse,” Conway stated.

This is not the first time changes to the Inspector General's charter have been proposed. Voters previously amended the charter in 2018 and 2022 to enhance the office's independence from political influence.

Cumming highlighted the necessity of maintaining access to records, noting that her office has processed nearly 5,000 complaints and conducted over 200 investigations since 2018. She emphasized that the proposed charter amendment would allow her office to continue its essential work.

However, the proposal faces challenges. City Council President Zeke Cohen expressed support for Cumming's efforts but raised legal concerns regarding the feasibility of Conway's bill, suggesting it might need state-level intervention.

During a recent court hearing, Judge Pamela White denied the Scott Administration's attempt to dismiss Cumming's legal team from the case. While a ruling on the subpoena power is still pending, Judge White appeared skeptical of the administration's arguments, which downplayed the Inspector General's charter authority.

This issue extends beyond Baltimore. In Montgomery County, Inspector General Megan Davey Limarzi reported encountering similar obstacles in accessing necessary information for her investigations. Recent denials of records that were previously available have raised concerns about the impact on her office's effectiveness.

Legislation to exempt inspectors general from Maryland's Public Information Act restrictions was introduced but failed to advance in the last session. Senate President Bill Ferguson indicated that a workgroup may be formed to address these concerns in the future.

Reported by HarborBeat based on WBFF (source).