Baltimore mayor must restore inspector general’s records access, judge says

Baltimore Mayor Brandon Scott must restore direct access to city records for the city’s inspector general and fulfill a dozen subpoenas she has served since last year, a judge said Wednesday.

The decision by retired Baltimore Circuit Court Associate Judge Pamela White brings to a close the first chapter in a legal dispute between Scott and Inspector General Isabel Mercedes Cumming over access to city records. A city appeal is likely.

The Scott administration did not immediately respond to a request for comment.

The pair have been sparring in court since February, when Cumming challenged Scott’s decision to cut off her direct access to city documents such as memos, emails and invoices.

White, who has signaled her support for the inspector general’s position throughout the proceedings, repeatedly scoffed at arguments made by city attorneys that direct access to records would violate attorney-client privilege.

“Wow, oh wow,” she said, interrupting Renita Collins, an attorney for the city. “I am stunned.”

“I don’t see any reason to further delay the critical work of the inspector general,” White said.

White said she had seen no evidence that officials with Cumming’s office had shared confidential information. She dismissed arguments from city attorneys that the inspector general had been abusing her access to records.

When Collins said Cumming’s office had access to an entire drive of files produced by a city attorney and a paralegal, White questioned what harm had been done.

“What was the adverse consequence to the city?” White asked.

“We don’t know yet,” Collins responded.

When Collins asked White to include a provision in her ruling requiring the inspector general to keep records confidential, White grew angry.

“I am not going to play into any notion of distrust by the city for the work or the independence of the inspector general,” she said.

Earlier in the more than three-hour hearing, White said she would also issue an order requiring the city to fulfill a dozen subpoenas from the inspector general to various city offices demanding records. White said she would allow the city to withhold some records covered by attorney-client and work product exemptions but would require logs explaining why documents were withheld.

White’s orders must still be finalized in writing.

After the hearing, Anthony May, one of Cumming’s pro bono attorneys, called the decision a “win for transparency, for all of Baltimore.”

In January, Scott’s team cut access to legal records for Cumming and her staff after officials discovered that the inspector general had “unfettered 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 previously that the Maryland Public Information Act does not apply to the inspector general.

The mayor is likely to appeal the decision. City attorneys previously filed a preliminary appeal asking a higher court to stay an order requiring the city to respond to subpoenas. That request was denied.