Judge will issue order requiring Baltimore to turn over subpoena requests from IG

BALTIMORE (WBFF) — Baltimore City Judge Pamela White ordered Mayor Brandon Scott’s administration to restore Inspector General Isabel Cumming’s access to City records and fulfill outstanding subpoena requests, handing the City’s independent watchdog a major victory after months of legal fighting.

The order came Wednesday during a summary judgment hearing in the months-long battle between the City’s watchdog and Mayor Brandon Scott’s team. Judge White granted the OIG’s motion for summary judgment and said the City had not shown a reason to avoid the ruling.

The order requires the City to restore the OIG’s access to its computer systems and respond to outstanding subpoenas, some of which have been pending for months. The requests include emails tied to 36 City employees.

The City said it has responded to some OIG requests, but the employee emails sought by the watchdog largely remain unproduced.

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White said the loss of access appeared to have halted the OIG’s independent work.

“I have an impression that shutting the OIG’s access has brought the independent work of the OIG to a crashing halt,” White said in court.

The fight stems from the City’s decision to cut the OIG’s direct access to internal systems and treat its subpoenas as requests under the Maryland Public Information Act, or MPIA. Cumming sued the Mayor and City Council in February, arguing that the restrictions made it much harder for the office to investigate fraud, waste and abuse and protect sensitive whistleblower information.

The issue came to a head during the OIG’s probe into the Mayor’s Office of Neighborhood Safety and Engagement, or MONSE, and it’s now-defunct youth diversion program known as SideStep. Cumming and her team requested financial records and other documents but said it got hundreds of redacted pages instead.

During the hearing, it was revealed that 200 pages were turned over to the OIG during that probe, with the majority of the redactions coming from the Law Department; the rest, according to city attorneys, were made by a third party.

Throughout the legal saga, the Scott administration maintained that it has a duty to protect attorney-client communications, work product, personnel information and other confidential records. It has also said some OIG requests are overly broad, with one filing citing more than 2.1 million emails and over a terabyte of data.

City attorneys argued Wednesday that attorney-client privilege can extend beyond the Law Department because lawyers work in other City agencies

“I am stunned,” by that argument, Judge White said during the court hearing.

The judge said the City may continue to withhold records that are legitimately protected by attorney-client privilege. But she made clear that it cannot simply make blanket claims of privilege without identifying the documents and explaining the basis for withholding them.

“Let there be no mistake, there must be a privilege log,” White said.

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Anthony May, one of Cumming’s attorneys – who is working for free on the case – called Judge White’s ruling Wednesday a win for Baltimore residents.

“We thank the court today for its careful time and attention to this very important matter,” May said after the hearing. “This is a win for transparency for all of Baltimore.”

White had already rejected the City’s motion to dismiss the case in August, finding that the OIG’s Charter-granted subpoena authority was not limited by the MPIA in the way the City argued. The Appellate Court of Maryland this week also rejected the City’s attempt to pause the case while it pursued an appeal.

The City has maintained that the OIG is not entitled to unrestricted access to government records. Mayor Scott has also accused the inspector general of misusing access to records, while the OIG argues independent access is necessary to investigate the agencies and officials it oversees.

David Williams, an attorney and transparency advocate who supports the OIG’s position, said the next dispute could center on work-product claims.

“The biggest concern is the work product,” Williams said. “I think they’re trying to create a massive loophole to try to keep information from the inspector general.”

Councilman Mark Conway, who attended the hearing, said the decision also gives momentum to his push to put explicit OIG records-access language in the City Charter through legislation or a ballot initiative.

“It’s vindication for all the work that we’ve been doing to ensure that there is true accountability and transparency for the inspector general office,” Conway said.

Conway said his proposed Charter language would make clear that the OIG has the access needed to perform its work, an issue he said City departments had previously argued could not be addressed in the Charter.

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“We’re going to make sure we get those signatures. This is going straight to the people that can be on the ballot,” Conway said. “If the City Council wants to consider the bill that is currently in the council, I’m more than happy to have that conversation with the Council President.”

The City could still appeal Judge White’s ruling. In a statement after the ruling, the Scott administration said it would comply with the law, review White’s written order once it is issued and “explore all options” afterward. Mayor Scott’s team also noted it had already been working to fulfill outstanding subpoenas and would ensure that work is completed in a timely manner.

“We maintain serious concerns about the lack of true oversight of the Inspector General’s access to and use of records. As the City raised in court, the Inspector General has repeatedly abused her previous unfettered access to information and violated attorney-client privilege for personal motives,” the Mayor’s Office statement continued. “Those concerns have not been addressed.”

The mayor’s office said it continues to support legislation that would give inspectors general clearer access to information while adding safeguards for sensitive records and against potential abuse of power.

“I don’t see any reason to delay the critical work of the OIG,” White said as she ended the hearing.

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