From The Banner · Emily Opilo · · 1m 40s
Judge orders Baltimore mayor to restore inspector general's access
A Baltimore judge ruled that Mayor Brandon Scott must give Inspector General Isabel Cumming direct access to city records, rejecting the mayor's claims about legal privilege.
In brief
A Baltimore judge ruled that Mayor Brandon Scott must give Inspector General Isabel Cumming direct access to city records, rejecting the mayor's claims about legal privilege. Courts can compel government officials to provide oversight bodies with document access, even when they claim legal privilege concerns…
Judge sides with inspector general
A Baltimore judge ruled Wednesday that Mayor Brandon Scott must restore direct access to city records for Inspector General Isabel Cumming and fulfill a dozen pending subpoenas.
“I don't see any reason to further delay the critical work of the inspector general.”
The dispute began in February
Scott cut off Cumming's direct access to city documents like memos, emails and invoices in January, claiming it violated attorney-client privilege. Cumming challenged the decision in court.
Judge rejected privilege arguments
Judge Pamela White dismissed the mayor's claims that direct access would violate attorney-client privilege, saying she saw no evidence that Cumming's office had shared confidential information.
“I am not going to play into any notion of distrust by the city for the work or the independence of the inspector general.”
City must fulfill subpoenas
White ordered the city to respond to a dozen subpoenas from Cumming's office, though the city can withhold records covered by attorney-client and work product exemptions if it provides written explanations.
Mayor's office plans to appeal
The Scott administration said it will explore all options and review the judge's order. City attorneys previously filed a preliminary appeal that was denied.
Scott claims inspector general abused access
The mayor's office maintains that Cumming repeatedly abused her previous access to information and violated attorney-client privilege for personal motives, concerns it says the ruling did not address.
Public information act doesn't apply
White previously ruled that Maryland's Public Information Act, which the city cited to restrict Cumming's access, does not apply to the inspector general's office.
The takeaway
Courts can compel government officials to provide oversight bodies with document access, even when they claim legal privilege concerns.


