Mayor Scott’s admin says complying with OIG court order could cost millions

BALTIMORE (WBFF) — Baltimore City says complying with a judge’s order in its ongoing legal battle with the Office of Inspector General could require a team of 175 attorneys and cost as much as $3.6 million, according to new court filings.

The new price tag comes as Mayor Brandon Scott’s administration continues its appeal of Senior Judge Pamela White’s ruling ordering the City to restore Inspector General Isabel Mercedes Cumming’s access to City systems and produce records responsive to outstanding subpoenas.

The City is seeking to put White’s order on hold while the appeal plays out.

ALSO READ | Baltimore City Hall Appeals Ruling in OIG Fight

In a new emergency filing with the Appellate Court of Maryland, City attorneys say outstanding OIG requests encompass more than 2.1 million emails totaling more than one terabyte of data. That figure does not include attachments or certain documents.

The City obtained an estimate from an outside vendor outlining what it could take to review that volume of material within White’s 45-day deadline.

The proposal calls for 175 first-level review attorneys, along with managing attorneys and technology-assisted review. The estimated cost for the 45-day document review ranges from $1,947,600 to $3,628,200.

City attorneys argue the money was not budgeted and that the City would have no way to recover the expense if the ruling were later overturned on appeal. The City is using that potential expense as one of its arguments for why White’s order should be paused.

Attorney Kurt Nachtman, who is not affiliated with the case, said the continued legal fight raises another issue.

“I think the bigger question, Mikenzie, is what is in these documents that is so worth protecting?” Nachtman told FOX45 News.

ALSO READ | Judge sets deadlines for Mayor Scott’s admin to restore OIG access, turn over records

Hundreds of people have also weighed in on FOX45 News’ social media coverage of the dispute.

“What is in these documents?” one person asked.

Mayor Scott’s admin says complying with OIG court order could cost millions

Another questioned, “How many appeals can City Hall file on the taxpayers dime”

Others suggested the continued legal battle made them more interested in what the OIG is seeking.

One person wrote, “All the better to get all the documents.”

ALSO READ | After court loss, Mayor Scott’s Office doubles down on accusations against Baltimore IG

Those comments represent individual social-media reactions and do not establish what is contained in the records.

The City, meanwhile, says its concerns center on protecting information it argues is legally protected.

Restoring the direct access for the OIG could expose attorney-client communications, personnel and medical records, whistleblower information and other confidential material, according to the city’s latest filing.

“Literally nothing can un-ring that bell,” attorneys wrote in the filing.

The City maintains that Maryland law independently requires it to protect certain private and confidential information.

ALSO READ | Next Possible Legal Steps in City Hall vs. OIG Fight

Nachtman said the fact that an inspector general gains access to sensitive records does not mean those records become public.

“You’ll get access to all sorts of sensitive information, and yet that sensitive information won’t be released to the public,” Nachtman said. Pasted text

White has previously rejected the evidentiary basis for some of the City’s arguments for cutting the OIG’s access, calling its arguments against so-called “unfettered access” “unsupported by any factual attestation.”

She also described the City’s allegations of distrust toward the OIG’s motives as “vague” and “unsubstantiated.”

The City asked Judge White to pause her order and has also taken its request to the Appellate Court of Maryland as it pursues its appeal.

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