A fight is brewing already between Howard County and its new inspector general

Whistleblowers and tipsters have submitted 61 complaints to Howard County’s new inspector general, Kelly Madigan, but the watchdog said she faces hurdles to accessing the records she needs to investigate.

The County Council approved a bill in 2024 giving the inspector “the right to obtain full and unrestricted access to all records and files.”

Well, not exactly, county attorneys advised on May 13 in an internal memo obtained by The Baltimore Banner.

Inspectors general are still subject to federal and state law — including Maryland’s Public Information Act, which specifies a long list of records that trigger mandatory denials. The county attorneys cited a ruling made 25 years ago by Maryland’s highest court that a police department’s internal investigation records could not be disclosed under the Public Information Act to Montgomery County’s inspector general.

Madigan, who is a former state prosecutor, disputes the county’s interpretation of the case law, arguing that it only applies to police internal affairs records. Howard’s broader interpretation suggests that the inspector general is subject to the same bureaucratic process faced by the public and journalists to obtain records.

Without direct access, Madigan said, she risks not getting all of the information she needs. In a worst-case scenario, she worries she’ll have to go through an individual that she’s investigating to obtain records.

“It’s like one hand behind my back,” Madigan said Tuesday night at a public presentation on her progress in setting up the office over the last five months.

Howard’s inspector general answers to a seven-person oversight board, which also received a copy of the county attorneys’ memo.

Chair David Salem said the board “strongly supports full and unrestricted access by the Inspector General to all records necessary to carry out the duties of the Office.”

“Inspectors General at the federal, state and local levels require unfettered access to records needed to do their jobs effectively,” Salem said in a statement. “Any application of the Maryland Public Information Act (MPIA) that limits the Inspector General’s access to records negatively affects the Inspector General’s ability to perform her duties and thus also hinders the Board’s ability to carry out its statutory functions.”

Howard County spokeswoman Safa Hira said the county has collaborated with the inspector general, citing an executive order issued by County Executive Calvin Ball requiring county employees to report fraud, waste or abuse, and to provide documents requested by the inspector general’s office without delay.

“To the extent that Federal and State Law prevent disclosure of a particular record to the Howard County Inspector General, Howard County will comply with Federal and State law in order to avoid civil or criminal liability for wrongful disclosure,” Hira said in a statement Wednesday. “Howard County’s Departments and Offices look forward to continuing their collaboration with the Inspector General to root out fraud, waste, and abuse within the confines of the Howard County Code, State Law, and Federal Law.”

Howard County is one of five Maryland jurisdictions with an inspector general — and the second caught in a dispute over records access.

Baltimore City Inspector General Isabel Mercedes Cumming is embroiled in a similar fight with Mayor Brandon Scott after he decided to cut her access to city legal records and files that contain protected information, such as personnel records and financial information.

Scott’s administration cited attorney-client privilege and advice from the Maryland Office of the Attorney General, which said the inspector general is subject to the Maryland Public Information Act.

Cumming filed a lawsuit in February, alleging that Baltimore City’s actions amounted to an attack on her office’s independence. Scott has since called for amendments to the Maryland Public Information Act to create a carve-out for inspectors general statewide, but the state’s next legislative session won’t convene until early 2027.

Madigan said she’s watching the Baltimore City dispute and intends to continue discussions with Howard County’s attorneys.

The topic of records access spilled into the county’s annual budget review process in recent weeks.

County Councilwoman Liz Walsh introduced a budget amendment last week aimed at compelling the county to grant Madigan access to two software programs that track time sheets and certain purchases. County staff granted the inspector general’s office access to those programs Friday before the amendment was taken up by council.

“I think she’s being overly politicked,” Walsh said of the hurdles Madigan faces.

The councilwoman, who’s running to replace the term-limited Ball as county executive, said she supports a legislative fix like the one proposed by the Scott administration, but considers it a last resort.

Walsh filed another budget amendment this week aimed at granting the inspector general access to six more programs used by the county’s planning and zoning department. Walsh, along with council members Deb Jung and David Yungmann, said they hoped the measure would light a fire under county staff’s feet.

Still, council members Opel Jones and Christiana Rigby defended county staff.

“It’s not even been six months,” Rigby said. “To me, the whole thing is frustrating because it’s more people playing petty politics.”

In the meantime, tips continue to trickle in to Madigan’s office from current and former employees, vendors, law enforcement partners and the general public, Madigan said. They include allegations of grant misuse, time theft, procurement fraud, nepotism, bribery and kickbacks.

Baltimore Banner reporter Emily Opilo contributed to this story.