Mayor Scott’s Office details OIG accusations as records fight escalates

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Baltimore Mayor Brandon Scott’s administration is publicly escalating its accusations against Inspector General Isabel Cumming as it seeks to halt a court order requiring the city to turn over records to her office.

The dispute stems from Cumming’s lawsuit challenging the administration’s decision to restrict the Office of Inspector General’s direct access to city records. Judge Pamela White rejected the city’s effort to dismiss the case, ruled the Maryland Public Information Act, MPIA, does not limit the OIG’s subpoena authority and ordered the city to produce requested records. White also denied the city’s request to pause the case.

The Scott administration is now asking an appellate court to intervene.

In a July 24 letter, reviewed by FOX45 News, Scott’s Chief of Staff JD Merrill and Deputy City Solicitor Stephen Salsbury accused the OIG of improperly accessing privileged Law Department communications and draft city budget documents outside the scope of legitimate investigations.

The letter is in response to an OIG management alert involving a redacted senior city employee. The OIG concluded that the employee in question violated the city’s administrative manual and ethics law by raising concerns about the inspector general’s access to electronic communications and documents.

City officials strongly dispute that conclusion, arguing the employee was justified in raising concerns and may qualify as a protected whistleblower.

In a statement to FOX45 News, the city said it restricted OIG access only after “the extent of the OIG’s access and abuse of that access came to light.” It said ending direct access to city servers was necessary to safeguard attorney-client communications, legislative privilege and residents’ private financial, medical and other protected information.

The administration maintains the changes do not prevent the OIG from doing its job, rather “narrow and specific requests” tied to investigations are fulfilled promptly, but broad requests for entire employee email accounts can generate millions of records with “no mooring in any investigation” and consume city resources.

“The City maintains that defending our position in this litigation is necessary, not to prevent legitimate oversight, but to protect the privacy rights of residents,” the Law Department previously said.

David Williams, president of the Taxpayer Protection Alliance, disagrees. In an interview with FOX45 News, he said the city is dragging out a case it has so far lost in court.

“So far, the mayor has lost every court appearance, every court ruling,” Williams said. “And at some point, the mayor has to realize that this is not going to end well for him and to give the information to the inspector general and to make sure that there is full transparency.”

Every delay, every appeal costs taxpayers money, said David Williams, president of the Taxpayers Protection Alliance.

Friday, FOX45 News questioned Mayor Scott in person about the back and forth, but the mayor declined to provide many specifics.

“We don’t talk about ongoing active litigation in the public. So, we have no comment other than what is said in court,” he said.

Yuripzy Morgan, a legal expert, said the city’s concerns about private information must be weighed against the broad authority Baltimore voters gave the inspector general’s office.

“She needs this information now. So give it to her,” Morgan said, referring to the court’s ruling.

Morgan said the dispute also raises questions because the underlying records fight traces back, in part, to the OIG’s investigation involving the Mayor’s Office of Neighborhood Safety and Engagement, or MONSE.

“Baltimore City residents voted to give the Office of the Inspector General these expansive powers because they want this office to investigate waste, fraud and abuse, and to whatever extent is necessary,” Morgan said.

Another hearing before White is scheduled for Sept. 16.

“It appears as if the city is going to take this to the very bitter end,” Willams said.

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