BALTIMORE — A Baltimore City judge has denied the city's attempt to dismiss a lawsuit filed by the Office of Inspector General, allowing a legal battle over the agency's independence and investigative powers to move forward.
In a 17-page decision issued Friday, Judge Pamela White rejected arguments from the Baltimore Mayor and City Council that the Office of Inspector General's access to information should be governed by Maryland's Public Information Act (MPIA). Instead, the court found the city's position appears to conflict with the broad authority voters granted the independent watchdog agency through charter amendments approved by Baltimore voters.
Inspector General Isabel Mercedes Cumming and leaders of the OIG's advisory board filed the lawsuit. They argue the city has interfered with the office's ability to investigate fraud, waste and abuse by restricting access to city databases, limiting responses to subpoenas and treating investigative requests as public records requests under the MPIA.
The court sided with the OIG on a key issue, writing that the watchdog agency's subpoenas are not the same as public records requests. The ruling says the City Charter gives the Inspector General independent authority to issue and enforce subpoenas as part of investigations into potential misconduct involving city officials, employees, contractors and recipients of city funds.
Judge White wrote that forcing the OIG to operate through MPIA procedures could undermine its watchdog role and limit its ability to perform responsibilities established by Baltimore voters. The opinion states that restrictions on access to information and resources may have impaired the office's ability to carry out its work.
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The ruling also highlights concerns about the role of the City Solicitor's Office. The judge suggested there are significant questions about whether the office can simultaneously represent the city and the OIG when the two are in conflict over subpoena enforcement and access to information.
The Office of Inspector General was created as an independent agency through a voter-approved charter amendment in 2018. Its mission is to investigate complaints of fraud, financial waste and abuse and to promote accountability and integrity in city government. A subsequent charter amendment approved in 2022 established an independent advisory board and further reinforced the office's autonomy.
While denying the city's motion to dismiss, the judge did not immediately rule on the OIG's motion for summary judgment. Instead, the court ordered the city to formally answer the complaint, identify any disputed facts and provide additional responses related to outstanding OIG subpoenas. A future hearing will be scheduled after those filings are submitted.
The decision means the case will continue and could ultimately establish how much access and authority Baltimore's independent Inspector General has when investigating city government.
This story was edited with the assistance of AI. A journalist reviewed all content for accuracy and context.
