Two legal battles over MONSE records likely headed to court

BALTIMORE (WBFF) — Two separate disputes over access to records from Baltimore Mayor Brandon Scott’s Office of Neighborhood Safety and Engagement (MONSE) now appear likely to end up in court, as those involved say negotiations have broken down with no resolutions in sight.

Both Baltimore City State’s Attorney Ivan Bates and Inspector General Isabel Cumming say the mayor’s office is unlawfully withholding key financial records tied to MONSE, an agency that oversees the mayor’s violence prevention strategy. The mayor’s administration, meanwhile, maintains that certain documents are legally protected from disclosure.

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“This is about making sure that we protect individuals’ constitutional rights,” Bates said during a press conference Wednesday.

According to Bates, his office has repeatedly sought information from MONSE about defendants connected to the agency’s programs, but claims the city has failed to provide sufficient records. He says that lack of transparency prevents his prosecutors from providing answers to public defenders, raising due process concerns. However, with Bates and the Mayor both obtaining dueling legal opinions on the issue, Bates now believes their standstill will likely need to be settled by a judge.

“It’s not legal action that we wish to take, but what happens in this process is simple,” he said, “If we cannot answer sufficiently that information, they [The Public Defenders Office] will then file subpoenas. Based on those subpoenas, if we cannot answer sufficiently those questions, then they’ll file a motion to compel. That is when this matter will be before the court and then MONSE, or whomever will represent MONSE, will have to answer what is going on, what is happening.”

At the same time, Baltimore’s Inspector General says her office is facing similar resistance.

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“I can’t do the job when I’m given documents that look like this,” Inspector General Isabel Cumming said, pointing to heavily redacted records her office has received from MONSE.

Cumming says for the first time in her eight-year career, the city has started denying her local subpoena authority, claiming she’s subject to restrictions under state information sharing laws – which shield confidential records, such as personnel files and financial documents.

Cumming recently appeared before her advisory board, where she warned that the redactions and withheld documents are impeding her ability to independently investigate waste, fraud, and abuse within city government. The board ultimately approved her request to seek outside legal counsel, a move that could, again, lead to formal litigation.

As both sides prepare for the possibility of court intervention, the outcome could set a significant precedent for how much oversight city agencies are subject to.