BALTIMORE (WBFF) — As the fight over information access continues inside City Hall, the litigation heats up between Mayor Brandon Scott and Inspector General Isabel Cumming after the mayor’s legal team asked a judge to throw out the watchdog’s case.
Cumming sued City Hall after a subpoena dealing with requested records was ignored amid an ongoing investigation into the Mayor’s Office of Neighborhood Safety and Engagement, or MONSE. The probe dealt with the youth diversion program, SideStep, that’s no longer operational.
ALSO READ | OIG report: Fraudulent invoices found in former SideStep program through MONSE
The subpoena was issued after financial records were turned over to the OIG filled with redactions. However, in the latest court filings, City Solicitor Ebony Thompson argued the inspector general is not independent in a legal sense, rather politically.
When asked about the issue Wednesday in person, Mayor Brandon Scott said the OIG is like another city agency, and therefore, cannot sue another city entity.
“We understand and want the IG to be independent in doing her work. That means independent from political interference, from anyone to do the work that we appreciate,” he said. “However, what we have to understand very clear, is that the IG is not independent from city government. She’s a part of city government; city government can’t sue city government.”
In 2018, the Office of Inspector General was separated from the Law Department creating more independence. In 2022, voters approved a charter amended creating an oversight board for the OIG, cementing the independence of the watchdog.
Meanwhile, City Councilman Mark Conway wants to change the charter again to make the OIG a co-custodian of records. Conway pointed to a recent OIG report finding “thousands of dollars” connected to fraudulent invoices.
“The fact that the IG was able to identify fraud is indicative to me that we should be opening the documentation to the IG so she can fully identify what happened here and what we need to do to prevent it from happening in the future,” Conway said. “There’s smoke there and we need to figure out if there’s fire.”
The charter change would make the OIG co-custodian of records along with the IT department. Once the watchdogs’ office receives the information, it would be up to the OIG to ensure sensitive documents aren’t shared publicly.
“If the IT department can have access to all these files, I can’t really understand why the IG can’t have access to all these files,” Conway said, noting the OIG has routinely had such access.
Conway’s proposed legislation will be officially introduced next Monday at the City Council meeting, he said. It’s unclear how much support the bill has; he noted he hasn’t had conversations with other members yet. However, if the council does pass the bill, it would go before voters since the plan would change the city charter.
“This is not just a decision our city council or the mayor, but it will ultimately be a decision by the people,” Conway said.
When asked if he supports Conway’s proposal, Mayor Scott said he couldn’t discuss legislation that “hasn’t been written.”
“I haven’t seen the text of that. I was a legislator for a long time. I never talked about a piece of legislation before I had the legislation written,” he said. “So, we will reserve any comment further until we actually see it.”
Pressed on whether he liked the idea or not, Mayor Scott refused to engage.
“I do not comment on things until they are actually in paper,” he said. “You ain’t gonna get me like that, Mikenzie.”
While Conway’s idea continues, efforts in Annapolis to ensure inspectors general around the state have access to information remain elusive. Bills were introduced in both the House and Senate that would clarify that inspectors general in Maryland are exempt from the traditional Maryland Public Information Act, MPIA, restrictions. Currently, that’s what has been used by Mayor Scott – and other jurisdictions – to limit what information IGs can receive.
Follow Political Reporter Mikenzie Frost on X and Facebook. Send tips to mbfrost@sbgtv.com.
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