BALTIMORE (WBFF) — A Baltimore City Circuit Court judge heard arguments Tuesday in a closely watched legal battle that could reshape the powers of the city’s independent watchdog and determine whether the Office of Inspector General should have direct access to records it says is necessary to carry out the charter mandate of rooting out waste, fraud, and abuse.
The lawsuit, filed by Inspector General Isabel Cumming, accuses Mayor Brandon Scott and his administration of unlawfully restricting her office’s access to city records and treating the OIG like any other member of the public by requiring requests go through the traditional Maryland Public Information Act, MPIA, process.
The Scott administration, meanwhile, argues that the OIG has no legal authority to demand unrestricted access to records, and maintains state law governs what records can be released.
Anthony May, one of the IG’s attorneys working on the case pro bono, argued Tuesday that Baltimore City voters created an independent office of inspector general in 2018, specifically tasked with investigating waste, fraud, and abuse inside city government. Cutting off that direct access – which was done by the Scott Administration earlier this year – has made that mission nearly impossible.
“The job hasn’t become harder,” he told Judge Pamela White Tuesday. “It has become impossible.”
May told Judge White and the packed courtroom that Office of Inspector General has 49 outstanding subpoenas, seeking records from the city.
Meanwhile, attorneys for the city urged Judge White to dismiss the lawsuit, arguing the inspector general lacks standing to sue and must comply with the MPIA like any other entity requesting records. If the OIG takes issue with redactions, the Law Department indicated there are pathways to remedy the problem.
“There is no legal right to carte balance access,” one of the city’s attorneys argued during Tuesday’s hearing.
The city maintains attorney-client privilege and other legal protections prevent unrestricted access to certain documents. Attorneys argued the inspector general can still obtain records through city agencies or the Baltimore City Law Department.
As one attorney told the judge, “Just because rules make a job harder, allegedly, doesn’t mean they don’t apply.”
Judge White repeatedly questioned both sides about Baltimore’s City Charter, noting the Office of the Inspector General is established as an independent office while also examining how that independence intersects with MPIA.
The legal battle follows months of escalating conflict between Cumming and the Scott administration.
The dispute intensified after the inspector general said City Hall revoked her office’s longstanding direct access to city computer systems and records while the OIG was investigating the now-defunct SideStep youth diversion program, which operated through the Mayor’s Office of Neighborhood Safety and Engagement, MONSE.
David Williams, president of the Taxpayers Protection Alliance, said the outcome could affect oversight offices well beyond Baltimore.
“This will not only set a precedent for inspectors general across the state, but this could actually go across the borders of Maryland and other cities that try to hide information,” Williams told FOX45 News.
Williams questioned why the inspector general’s access changed after years of operating with direct access.
“Now all of a sudden the mayor says that she shouldn’t have the access. And that doesn’t make sense to anybody,” he said. “The more that the mayor pushes back on the inspector general, the more people think that the mayor and his office are hiding something.”
The judge did not issue a ruling Tuesday and indicated a decision will likely take at least 30 days.
Follow Political Reporter Mikenzie Frost on X and Facebook. Send tips to mbfrost@sbgtv.com.
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