Conway’s charter proposal to restore inspector general records access faces uncertainty

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What started as an investigation into a youth diversion program has turned into a full-blown fight for records and that debate was on full display at Baltimore City Hall Wednesday during a council hearing.

The Office of Inspector General has faced restricted access to records amid an investigation into a youth diversion initiative run by the mayor’s office. The SideStep program was a pilot effort through the Mayor’s Office of Neighborhood Safety and Engagement, MONSE.

The information limitation stems from a new interpretation of the Maryland Public Information Act, MPIA, following an advice letter from the Office of the Attorney General requested by a Baltimore City state senator. However, the letter is not an official opinion and AG Anthony Brown made that clear to FOX45 News in a previous story.

Backed by Councilman Mark Conway, who is also running for Congress against U.S. Rep. Kweisi Mfume, the proposal seeks to ensure the OIG has access to records.

“The intention of this bill is to give them the access that should have never been taken away,” he said.

During the hearing, the city’s attorneys told the councilmembers they believe Conway’s proposal violates the MPIA, and therefore the Law Department could not support the plan.

Prior to the hearing, FOX45 News asked Mayor Brandon Scott about the proposal, and he too argued his administration was working within the confines of the law, but said the limitations are due to the MPIA restrictions.

“If the state changed the law, we will follow that. They did not do that, and we’re going to continue to operate under the guise of state law,” Mayor Scott said.

Scott referred to a bill proposed in Annapolis this session that would have exempted inspectors general from around the state from the MPIA restrictions. Despite bipartisan support, the legislation failed to gain enough support and died in committee.

During the hearing, the OIG argued there hasn’t been a law change regarding the interpretation of the MPIA, and the access Conway’s plan seeks to restore has been there for years.

Councilwoman Odette Ramos questioned the Law Department why the restrictions are being made now.

“Once the extent t of the IG’s access was clear the access was curtailed,” a member from the Law Department answered.

Amid the SideStep probe, Cumming said she received hundreds of pages of redacted documents from the city’s Law Department. However, during the hearing, a member from the Law Department said they weren’t the ones who made the redactions.

“I think we might have to do an investigation into that, because that is the first time I’ve ever heard that,” Inspector General Isabel Cumming said after the hearing. “We have a letter from the law department saying that the redactions are based on this, this and this.”

During the hearing, Conway also argued the council doesn’t have to listen to the Law Department’s recommendations and argued a conflict of interest may be at play as well.

“I don’t have all that much confidence in the Law Department’s approach to this thus far,” Conway said. “Why would we prevent the IG from having that access if we did that in order to prevent fraud, waste and abuse?”

Pease make the right decision, Conway said. Who are we protecting here?

The councilman also implored the committee to pass his proposal, noting if it comes out of the council, the charter amendment proposal would go before voters to ultimately decide.

Dozens of people testified in support of the OIG and Conway’s proposal, though it’s not clear there’s enough support from the committee to move forward. Chair Ryan Dorsey left the hearing before FOX45 News had the chance to pose questions about what’s next.

Follow Political Reporter Mikenzie Frost on X and Facebook. Send tips to mbfrost@sbgtv.com.