The MDDC Press Association, which represents news organizations in the region, today weighed in on the effort by the Brandon Scott administration to restrict Baltimore Inspector General Isabel Mercedes Cumming’s access to records, saying it would hamper the work of the press to inform the public.

“Our members rely on clear and consistent access to public information to inform residents about how government operates and how public resources are used,” said a statement released by MDDC’s executive director, Rebecca Snyder.

“We are concerned by recent actions affecting the ability of local inspectors general to obtain unredacted government records necessary to perform their duties,” the statement said, without mentioning Cumming by name but noting that the issue has “emerged in Baltimore City and Montgomery County.”

It was a reference to a novel interpretation of the Maryland Public Information Act (MPIA) by City Solicitor Ebony Thompson, an interpretation that her office is basing on an “advice letter” originating in the Maryland Office of the Attorney General (OAG).

One result of the Administration’s new policy has been the city’s wholesale redaction of 200 pages of financial records on the Mayor’s Office of Neighborhood Safety and Engagement (MONSE) that was requested by Cumming and her team last month.

(Attorney General Anthony Brown told The Brew that the the letter, written by one of the lawyers in his office, was only “a summary,” not a deeply researched formal “opinion.”)

Cumming, with the support of the IG Advisory Board, plans to retain pro bono counsel and fight for the records in court. (The Scott administration maintains legal action in her official capacity is “not feasible.”)

Hampering Watchdogs’ Work

Last week, Cumming’s local counterparts joined the fray.

She and three fellow inspectors general released a statement saying the city’s interpretation of the MPIA that it bases on that OAG “advice letter,” would cripple the ability of all of them to do their watchdog work.

“This letter has the potential to incapacitate our offices and diminish our ability to root out fraud, waste and abuse in our respective local governments,” the letter said.

(Along with Cumming, the signers included Megan Davey Limarzi, Montgomery County; Steve Quisenberry, Baltimore County; and Kelly Madigan, Howard County.

“As a result of the OAG’s letter, such records could be withheld from us in whole or redacted to the point that they are essentially rendered useless from an evidentiary standpoint,” the letter continued.

“This letter has the potential to incapacitate our offices and diminish our ability to root out fraud, waste and abuse in our respective local governments”  – Letter from inspectors general of Howard, Montgomery and Baltimore County and Baltimore City.

The records that inspectors general obtain, the letter from four of them noted, have always been kept confidential, a point MDDC’s Snyder made as well.

“They are legally obligated to protect sensitive information and do not publicly disclose personnel files, medical information, or confidential financial data,” MDDC noted.

“Public reports describe findings and systemic issues without naming individuals, vendors or contractors under scrutiny. The process is designed to balance oversight with discretion.”

Both statements ended with the same call, for state lawmakers to step in and clarify the law to ensure that inspectors general retain appropriate access to government records.

“We are asking the Maryland General Assembly to pass legislation that amends the MPIA to create an exemption for local inspectors general,” the letter from Cumming and her counterparts said.

Doing so, they continued, “would reinforce the State’s commitment to transparency and integrity at all levels of government, which is consistent with the mission of our respective offices.”

NOTE:  The MDDC Press Foundation serves as Baltimore Brew’s fiscal sponsor. Like other news organizations in the region, The Brew is a member of the MDDC (Maryland Delaware DC) Press Association.