By Megan Sayles
AFRO Staff Writer
msayles@afro.com
Baltimore City Inspector General (IG) Isabel Mercedes Cumming has filed suit against Mayor Brandon M. Scott and the Baltimore City Council after the city denied her office access to certain records and provided heavily redacted information in response to subpoenas. The suit seeks a court declaration confirming the Office of the Inspector General’s (OIG) independence and subpoena power under the Baltimore City Charter, as well as injunctive relief prohibiting interference with its investigations.
The action came on Feb. 24, weeks after the city of Baltimore announced that state confidentiality laws supersede local authority and limit the OIG’s access to certain records on Feb. 6.
(Photo courtesy of Association of Inspectors General)
Cumming alleged that she had direct access to information from city offices since 2018. But, in June 2025, she claimed the city abruptly restricted that access and asserted for the first time that OIG subpoenas must be treated as requests under the Maryland Public Information Act (PIA).
“My goal in this lawsuit is to merely require the city to do what it has done since I took office— provide the OIG with the information it needs to ensure taxpayer dollars aren’t being wasted by government officials,” said Cumming in a Feb. 24 statement.
Back in 2018, the Baltimore City Council approved a charter amendment establishing an independent OIG that would be overseen by an advisory board. Prior to that, the office was housed in the city’s Law Department. In 2022, Baltimore City residents voted to change the amendment so that the advisory board would be made up entirely of citizens, ensuring it was free from political influence.
The OIG is tasked with investigating complaints of waste, fraud and abuse in city government. In order to do this, the office has subpoena power, allowing it to require testimony from individuals under oath and the production of documents, reports and other relevant information.
When the city of Baltimore announced that it would be restricting the OIG’s access to certain documents, it pointed to a Feb. 3 letter from Maryland Assistant Attorney General Shaunee L. Harrison to Maryland State Senator Antonio Hayes (D-40).
Responding to a query from Hayes about whether a local statute or charter amendment can give the IG access to records that are required to be kept confidential under the PIA, Harrison said that state law “preempts” any local provision that conflicts with the PIA, meaning a local law cannot require disclosure of records that state law protects.
He noted that PIA’s mandatory exceptions cover personnel files, medical information and financial records and apply even when an IG issues a subpoena. The city referred to the letter as an “official legal opinion” of the Maryland Attorney General’s Office, but Attorney General Anthony Brown characterized it as an advice letter— a routine form of guidance the office provides to state agencies and legislators.
He emphasized that the letter was general in nature and did not analyze the specifics of the IG’s records requests.
“This letter of advice did not do a factual analysis of what anybody was asking for under the Maryland Public Information Act,” said Brown. “This was a question designed for a member of the General Assembly to understand the scope of the Maryland Public Information Act and how local laws interact with it.”
When asked about concerns that restricting the OIG’s access limits transparency and oversight, Mayor Brandon M. Scott said that following state law is a form of accountability.
“No one is above the law, including the inspector general. State law is very clear, and we took action to comply with that state law,” Scott told the AFRO. “I have and will continue to say that my law department and I are ready to work with the board and the OIG to establish new protocols under the law.”
Scott said the city has maintained ongoing collaboration with Cumming despite the restrictions she faces. He also noted that other jurisdictions have similar procedures. Recently, Montgomery County IG Megan Davey Limarzi expressed that she’s also been denied access to certain information by county officials under the PIA.
“That shows there is a process for how the information is requested versus having carte blanche access, which was the issue that we ran into here,” said Scott. “This isn’t about blocking her, it’s about protecting the city from liability and following state law, and we’re going to continue to do that.”
The debate over how state law intersects with local IG authority has prompted Cumming, Limarzi, Baltimore County Deputy IG Steve Quisenberry and Howard County IG Kelly Madigan to call on the Maryland General Assembly for an amendment to the PIA that would exempt local IGs.
“Fundamental to our work is having unrestricted access to all relevant records held by our local jurisdictions. Those records are critical to our ability to fully and capably investigate allegations of fraud, waste, abuse and misconduct, as required by local laws,” wrote the IGs in a release. “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. To be clear, once such records are in our possession, we have now and have always had the same responsibility as our employers— to not disclose to the public records that are otherwise protected.”
The dispute highlights a broader tension between state law and local oversight— one that could shape how IGs across Maryland access records in the future.
