Judge rules in favor of Baltimore inspector general in legal battle over access to records
A judge ruled in favor of Baltimore City Inspector General Isabel Cumming on Friday in an ongoing legal battle with Mayor Brandon Scott over access to city records.
The Baltimore circuit court judge denied the mayor's motion to dismiss the case and further ordered the city to fulfill subpoenas that Cumming's office has been requesting.
The ruling signals a major win for Cumming, while keeping the case alive in court.
What is the legal battle about?
The rift started when Cumming was looking into a program under the Mayor's Office of Neighborhood Safety and Engagement (MONSE).
Cumming said the city's law department abruptly cut off which documents she could access 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."
In court last month, Cumming's attorney said the city's new policy restricting her access was unlawful.
Attorney Anthony May argued the restrictions 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."
May noted the city had failed to fulfill 49 recent subpoena requests.
He also said the city's attempts to treat Cumming's requests the same as any member of the public were misguided.
City's stance on the claims
The lawyer representing the mayor and city solicitor has repeatedly accused Cumming and her team of "rifling through everyone's documents."
Attorney Renita Collins said the inspector general was improperly given full access to the city's server.
Collins argued Cumming should be subject to Maryland's Public Information Act — the same rules as the public — when accessing records.
The city's position pointed to the charter, which mandates an independent inspector general with subpoena power cannot supersede state law.
The judge's ruling
In her ruling Friday, Judge Pamela White disagreed with the city's defense.
"The jurisdiction of the OIG to perform its work, including the issuance and enforcement of its subpoenas, is not in conflict with or restricted by the MPIA," White wrote. "The City's argument subjecting OIG subpoenas and investigatory requests to MPIA exclusions are inapt."
She ordered the city to fulfill the subpoenas mentioned in the case, along with any others issued by the OIG since April 10.
White said another court hearing will be scheduled in the future.
