Mayor Scott appeals order to restore inspector general’s access to city records

Baltimore Mayor Brandon Scott is appealing a court decision ordering his administration to hand over city records to the inspector general.

A notice of appeal was filed late Monday, just hours after retired Baltimore Circuit Court Associate Judge Pamela White set deadlines for the city to begin producing records in the dispute. A filing to the Appellate Court of Maryland is expected Tuesday.

Last week, White ruled that the administration would need to fulfill outstanding subpoenas and restore direct access to records for Inspector General Isabel Mercedes Cumming. On Monday, White said the city has two days to restore direct access to city servers for Cumming’s staff. She allowed 45 days to fulfill subpoenas.

The administration will ask the appeals court for a stay to pause the production of records.

Scott and Cumming have been sparring in court since February, when Cumming challenged the mayor’s decision to cut off her direct access to city documents such as memos, emails and invoices. Cumming is responsible for investigating waste, fraud and abuse within city government.

The dispute became public in January when Scott’s team cut access to legal records for Cumming and her staff after officials discovered that the inspector general had access to a city attorney’s files. That access, City Solicitor Ebony Thompson argued, was a violation of attorney-client and work product protections.

Weeks later, Scott further limited Cumming, this time blocking her office from direct access to all city documents. The administration cited legal advice it had received from an attorney with Maryland’s Office of the Attorney General, who said Cumming was subject to the Maryland Public Information Act. That act bars public entities like the city from releasing certain records, such as personnel and financial information.

White ruled that the Maryland Public Information Act does not apply to the inspector general.

The appellate court has already denied one appeal filed by the administration asking the court to intervene in the case as it was proceeding.

So far, the administration has unsuccessfully argued that Cumming was abusing her access to city records, citing her access to city budget files and files maintained by city attorneys.

White said she had seen no evidence that officials with Cumming’s office had shared confidential information.