BALTIMORE (WBFF) — In the fight for records, a Baltimore City Circuit Court Judge heard arguments Friday from attorneys representing the City of Baltimore and the Office of the Inspector General, as IG Isabel Mercedes Cumming pushes to gain access to unredacted records.
While an official order has not been issued, Judge Pamela White noted that the City’s Law Department has “cut off” or “shut down” Cumming’s ability to enforce subpoenas and investigate cases to root out fraud, waste and abuse.
ALSO READ | Inspector General files complaint against Scott administration over subpoena access
The hearing comes amid an OIG investigation into the Mayor’s Office of Neighborhood Safety and Engagement (MONSE). Cumming said the records she is seeking involve payments and are necessary to track spending, in an effort to root out fraud, waste and abuse in the city.
However, city officials have pushed back, saying they are following the law, releasing records in accordance of the Maryland Public Information Act (MPIA).
Since Cumming is pursuing legal action to enforce subpoenas, the city filed a motion to disqualify her counsel. In arguments presented to the court Friday, Renita Collins, with the Baltimore City Law Department, pointed to the City’s Charter, saying they all represent one city, pointing out that the city can’t sue itself. She argued that the OIG does not have the authority to obtain outside counsel or initiate a lawsuit, since those would be functions of the City’s Law Department.
However, in response, Anthony May, arguing on behalf of the OIG argued the OIG is an independent agency under the City Charter and was being denied its right to properly investigate cases.
He argued if the OIG was part of the government then they should have access to the records in question, instead of being subject to the MPIA. He also said voters wanted to create an independent agency, whose independence is critical in being able to properly investigate cases, without being subject to the entities they are supposed to investigate.
“The IG is independent. It’s in their charter, it’s in their oversight board, is that the oversight board is independent. That doesn’t mean that they’re still not part of the city, and that’s critical, because the IG is still part of Baltimore City. It’s just that they are independent. They do receive taxpayer money, but that doesn’t take away their independence to do investigations, or at least it shouldn’t take away their independence to do investigations and audits,” taxpayer advocate David Williams said.
After listening to arguments, White acknowledged there was an irreconcilable conflict between the agencies in this case.
In a statement, Mark Stichel, a member of the OIG’s Counsel said, “Although the Court has not yet issued a formal ruling denying the City’s motion to disqualify Anthony May and me as counsel for the OIG, Judge White’s comments at the conclusion of today’s hearing emphatically support the conclusion that she will do so. Judge White’s statement that the character and nature of the Office of Inspector General establish it as an independent agency that must be represented by independent, unconflicted counsel. Her remarks confirm what Anthony and I knew when we took on this pro bono representation of the Inspector General and members of the Office of the Inspector General’s citizen Advisory Board. We look forward to litigating this case and vindicating the Inspector General’s right carry out the core responsibilities of her office, mandated by the people of Baltimore City through Charter Amendments in 2018 and 2022. That is, we look forward to protecting the Inspector General’s lawful right to inspect all records relevant to investigate and expose fraud, financial waste, abuse, and corruption in City government.”
Local Story
