During a recent hearing, attorneys representing Mayor Brandon Scott contended that a proposed referendum aimed at bolstering the inspector general's access to city records is incompatible with Maryland state law. The measure, introduced by Councilman Mark Conway, seeks to amend Baltimore's charter to designate Inspector General Isabel Mercedes Cumming as a 'co-custodian' of city records, which would guarantee her access.
City attorney Jeff Hochstetler stated that the proposed legislation is 'fundamentally at odds' with the Maryland Public Information Act (PIA), which takes precedence over local charters. Hochstetler warned that the measure would create an 'illegal end run around the PIA.'
The conflict over Cumming's access to records has escalated since earlier this year when the Scott administration restricted her ability to review city legal documents, citing concerns over attorney-client and work product privileges. Subsequently, access to additional records was blocked following legal advice from the Maryland Attorney General's office, which indicated that Cumming's office must adhere to the PIA's restrictions regarding sensitive information.
Deputy Inspector General Matt Neal remarked that the PIA has been in place for many years but was only recently used against the inspector general's office. Cumming emphasized that the Attorney General's office had not formally deemed her interpretation of the law incorrect.
During the hearing, Councilman John Bullock raised concerns about delays in fulfilling PIA requests and how that could hinder Cumming's investigations. Cumming cited a three-month wait for records related to the Mayor's Office of Neighborhood Safety and Engagement.
Conway urged his colleagues to disregard the mayor's legal counsel, pointing out that significant legislation had previously passed despite similar legal warnings. He acknowledged the political implications of the bill but insisted that the council's duty is to act on behalf of the public.
The debate occurs in the context of an ongoing lawsuit filed by Cumming against the Scott administration, seeking to enforce subpoenas for records. The judge overseeing the case recently expressed concern regarding the administration's stance.
Councilman Ryan Dorsey, who chairs the committee reviewing Conway's bill, questioned the legal effectiveness of the proposed ballot measure, noting that the issue is already being litigated. Meanwhile, Christoph Amberger, head of the Baltimore City Board of Ethics, highlighted that the court's decision on the subpoenas does not clarify the applicability of the PIA.
As the hearing concluded without a vote, Dorsey indicated plans to reconvene soon, with public interest in the outcome remaining high.
Reported by HarborBeat based on The Baltimore Banner (source).
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