Baltimore Inspector General, city lawyers fight in court over transparency, access to records

The bitter battle over transparency and the right to access documents for waste, fraud and abuse investigations between Baltimore's Inspector General Isabel Mercedes Cumming and Mayor Brandon Scott became heated inside the Mitchell Courthouse Tuesday morning. 

Judge Pamela White had two motions before her. One, from the city, sought to dismiss the case altogether. The other, from the inspector general, asked for summary judgment and a restoration of access to all documents. 

How the fight started 

Baltimore Inspector General Isabel Cumming pleaded for access to records after she said the law department abruptly cut off what documents she could get last January and worked to limit her subpoena power. 

"The money that fuels government is that of the taxpayers, and the oversight office belongs to the taxpayers," Cumming previously told WJZ Investigates. "The roadblocks for the OIG lately have been many from the law department."

It started when Cumming was looking into a program under the Mayor's Office of Neighborhood Safety and Engagement (MONSE). 

Inspector General fights back 

Cumming, sitting at the plaintiff's table with her attorneys inside the packed courtroom, listened intently to the arguments Monday.

"It's about an independent oversight watchdog established by the city—and whether the very officials can strip that watchdog it is charged to investigate," her attorney Anthony May told Judge White. 

May said Baltimore's new policy of restricting her access to records "compromises the integrity of investigations" and is "unlawful."

May noted the city has failed to fulfill 49 recent subpoena requests. 

He stressed, "Any suggestion she is 'rifling through' documents is simply not the case."

May said attempts to treat Cumming the same as a member of the public when requesting documents are misguided. 

"The Office of the Inspector General is not a private citizen. …The office, is statutorily charged with investigating fraud, waste, and abuse," May said.

He repeatedly argued the inspector general is independent and said the city's restrictions on her access put Cumming "in a catch 22, either compromise the integrity of investigations or she is beholden to the city solicitor's office to tell them who she is investigating."

Cumming did not take questions but did tell WJZ Investigates after the hearing, "We'd like to thank the public for all the support we received for the Office of the Inspector General, and I'd like to thank my amazing attorneys, Anthony May and Mark Stichel. They are pro bono attorneys working for the citizens of Baltimore."

May said, "We sincerely and greatly appreciate the court's care and attention to these very important issues, and we are confident that upon review of the record, the right decision will be made."

Baltimore City's argument 

Renita Collins, a lawyer representing the mayor and city solicitor, told Judge White, "At its core, this case is about the law. …This is a case about attorney-client privilege." 

She insisted, "This is not a case about document redactions." 

Collins repeatedly accused Cumming and her team of "rifling through everyone's documents" and claimed the inspector general was improperly given full access to the city's server.

"The Office of the Inspector General is suing because her direct access to the city's server was curtailed."

She said Cumming was subject to the Maryland Public Information Act—the same rules as the public—when accessing records.

The city's position is the charter, which mandates an independent inspector general  with subpoena power, cannot supersede state law. 

Collins said Cumming has "no legal right to carte blanche access."

"You can't be a little bit pregnant. That's what they're trying to be. They're independent, but they're still part of the city," she argued. 

Collins said it was "patently false" that city agencies are withholding documents and records. 

"She submits requests, and they're being honored on a rolling basis," she said. 

What the judge is saying

Judge White declined to immediately rule on the motion for summary judgement and the motion to dismiss. 

She said a ruling would likely take 30 days, if not longer. 

"I am moving as quickly as possible," the judge told both sides. 

She said she is focused on the city's motion to dismiss.

Judge White also noted voters overwhelmingly approved an independent inspector general and appeared skeptical of several defense arguments. 

Support outside court 

Several people showed up to support Cumming. 

Reverend Christina Flowers told WJZ, "It's important that we support our inspector general. With the historical issues that Baltimore City has with mismanagement, misappropriation, and the suffering of a lot of our community initiatives, supporting her ability to be able to investigate and interrogate—whatever she needs to do to bring oversight to these agencies throughout Baltimore City."

Cory Gillie said the case boils down to transparency. 

"I feel like we all need transparency of all sorts—whether good or bad—to iron out the wrinkles, so transparency is what's needed,"
Gillie said. "Ms. Cumming should keep it coming."