Howard County's inspector general says she's still having trouble accessing records

Kelly Madigan has been on the job as Howard County's first inspector general for more than nine months, but she told county leaders Monday that she's still facing roadblocks.

Her biggest challenge is gaining access to the records and systems she says she needs to conduct investigations.

Madigan discussed the issue with the Howard County Council on Monday, outlining the challenges and potential solutions.

Working through the process

Since taking office, Madigan said she has received more than 97 complaints. Of those, 15 remain open and 14 are active cases.

Madigan also told the council that her office now has a permanent location and a deputy inspector general has been hired.

However, she said gaining access to county records remains a challenge. Madigan said the county is still working to give her office access to the hundreds of systems it uses, meaning investigators sometimes have to request specific records from other county employees.

Madigan said that process can jeopardize the confidential nature of her office's work.

"Having access to these systems is important so the office can do its own work. We can pull the records at our request," Madigan said. "It can be awkward to ask someone else ... to pull documents on your behalf."

With a new Howard County executive set to take office, Councilman David Yungmann said he is concerned the transition could cause further delays.

"When the next group comes in, it's gonna take them some time to even get to this type of project," Yungmann said. "Recognizing that everybody's maxed out, like this really has to get done in the next two months or it could wait until next summer."

Madigan also pointed to another records-access issue involving the Maryland Public Information Act.

She cited a 2011 Maryland Supreme Court ruling involving Montgomery County's inspector general, which prevented the IG from obtaining certain internal police investigation records under the MPIA.

Howard County's law office has interpreted that ruling to mean Madigan cannot access personnel records.

Fixing the problem

Madigan said she is working to seek an exception to the MPIA through legislation during the next session of the Maryland General Assembly. She has also proposed designating the inspector general as a custodian of the records.

But Howard County Solicitor Gary Kuc said there are concerns with that approach.

"There are some secondary issues that come with it, in terms of being a custodian, that leads to all kinds of other responsibilities," Kuc said. "Those would have to be sorted through to see whether they even make sense."

Madigan said she simply wants the ability to fully carry out her responsibilities.

"On some level, it is kinda crazy to think the office has the ability to subpoena a bank for bank records, but can't get personnel records for an employee that has been accused of doing something wrong," she said.

Taking the matter to court is another option, similar to what has happened with Baltimore City's inspector general, Isabel Cumming.

For now, however, Madigan said she is focusing on pursuing a legislative solution.