Maryland appeals court pauses order requiring Baltimore to restore inspector general's access
Maryland's Appellate Court has temporarily paused a judge's order requiring Baltimore City to give Inspector General Isabel Cumming access to records and computer systems she has requested.
In the ongoing legal battle between Baltimore City and the Office of Inspector General, the appeals court said a lower court must first rule on another motion in the case before a full appeal can proceed.
On Tuesday, Baltimore City Mayor Brandon Scott appealed Judge Pamela White's ruling that the city must restore the inspector general's access to city records and computer systems within two days.
White also ordered city officials to immediately turn over materials Cumming's office has subpoenaed.
Maryland's Appellate Court previously rejected one appeal filed by the mayor's administration on September 14.
"When the city abruptly and adversely changed OIG's operating circumstances, consequently interfering with Plaintiffs' performance of Charter responsibilities, Plaintiffs identified and established the existence of an actual and justiciable controversy: subpoenas are outstanding, standard investigative practices cut off, access to databases shut down," White wrote.
"OIG investigations are restricted, severely limited without direct access to employee emails and data. Plaintiffs' critical role to root out governmental fraud, finance waste, and abuse is obstructed by Defendant's interference with OIG's investigatory performance."
Last week, Judge White ruled in favor of Cumming, ordering the city to restore the Office of Inspector General's access to its computer systems and information the office has subpoenaed.
During the ruling, White said she was "deeply disappointed" with the city's explanations for suddenly cutting off the inspector general's access in January.
She told Renita Collins, the city's primary attorney in the case, that she was "making no sense" with some of her arguments and said she was "stunned" by the city's distrust of the inspector general.
White repeatedly said the inspector general should have access to records needed to complete investigations without revealing the targets of those investigations.
The judge also said she would issue an order requiring city officials to turn over documents related to the Sidestep youth program, which was overseen by the Mayor's Office of Neighborhood Safety and Engagement, or MONSE.
Since January, the inspector general's office has issued 19 subpoenas, 11 of which were sent to the Baltimore City department responsible for information technology. One subpoena was sent to MONSE seeking Slack communications.
The inspector general's office has also sought emails from 36 city employees. So far, the city has provided emails from only one employee.
Collins argued that reviewing every email is time-consuming because city attorneys must determine whether the messages contain attorney-client privileged information or other protected material. Collins said city officials asked Cumming to narrow the requests but claimed she was uncooperative.
Cumming's legal team argued that the issue could have been avoided if the city had restored her access to Baltimore's computer servers.
Nearly 180 pages of documents were also redacted by the city after attorneys argued they contained information about juveniles and medical records that should not be disclosed.
The city previously said it cooperated and resolved the MONSE records request, but OIG attorneys disputed that claim.
In a statement to CBS News Baltimore, the mayor's office said, "As this matter is the subject of active litigation, the City will reserve comment for the appropriate judicial forum."
