Maryland lawmakers target loophole limiting watchdog investigations
Published in News & Features
Two Maryland lawmakers introduced legislation Thursday aimed at protecting the independence of inspectors general and ensuring they can access records needed for official investigations.
GOP Del. Ryan Nawrocki and Democratic Del. Vaughn Stewart said Thursday that current rules allow agencies under investigation delay or block oversight by forcing inspectors general to submit public information requests rather than obey lawful subpoena orders.
“That means the subject of an investigation can control the evidence,” Nawrocki said in a statement posted to his social media. “That’s not accountability. That’s bureaucracy protecting itself.”
Stewart echoed that in a statement on his own social media accounts.
“When the subject of an investigation controls access to the evidence, accountability suffers,” Stewart said. “That’s not oversight. That’s a loophole.”
The bill comes two days after Baltimore’s inspector general, Isabel Mercedes Cumming, sued the city, alleging officials have blocked subpoenas and recast them as public information requests. Cumming filed in Circuit Court, seeking recognition of her office’s independence and authority to enforce subpoenas.
She also asked for an injunction blocking city officials from interfering with investigations and the watchdog’s confidential systems.
Baltimore officials, meanwhile, have defended putting limits on the inspector general’s access, saying they were following guidance sent in a letter from the Maryland attorney general’s office.
Maryland Attorney General Anthony Brown clarified that letter on Feb. 10, calling it “fairly boilerplate advice” and not an opinion about whether the city’s oversight office is acting “within or out of bounds.”
Other localities have questioned an inspector general’s authority to look into different agencies, such as education.
The bill introduced Thursday clarifies that inspectors general are not subject to standard Maryland Public Information Act, or MPIA, restrictions when conducting official inquiries. It also removes conflicting legal interpretations over IG authority in cities and counties.
“So grateful to the legislators who rose to fight for the inspector generals,” Cumming wrote in a statement posted to her social media on Thursday.
In addition, inspector general offices in Montgomery, Howard and Baltimore counties all support the proposal.
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