New Official Attorney General Opinion Clarifies Local Government Obligations Regarding Protected Information
BALTIMORE, MD (Friday, February 6, 2026) - Today, the City of Baltimore announced additional actions taken to more fully comply with state law regarding information sharing with the Baltimore City Office of Inspector General (OIG).
On Thursday, February 5, 2026, Baltimore City Solicitor Ebony M. Thompson received notice of an official legal opinion issued by the Maryland Attorney General's Office clarifying the obligations of local governments to follow mandatory confidentiality provisions outlined in state law. These provisions include, among other things, protections of personnel records, medical information, and financial information. The opinion made clear that these mandatory obligations prevent disclosure of such information to any entity, including a local inspector general, even when local law or charter provisions seek to expand the scope of what a local inspector general may access.
This Attorney General opinion, which can be found here, was sought by State Senator Antonio Hayes (District 40) to provide advice on the issue following the introduction of legislation in the State Senate regarding the Baltimore County Inspector General and recent public discussion regarding the Baltimore City OIG.
In part, the Attorney General Office's opinion states:
"In my view, a local law or charter provision may not authorize or require a local custodian of records to disclose a record that is covered by one of the PIA's mandatory exceptions to disclosure. This is true regardless of whether the disclosure would be to a member of the public or to another agency of the local government, such as a local inspector general whose powers derive from the local charter."
In turn, Solicitor Thompson analyzed the Attorney General Office's opinion and provided recommendations on how to proceed. That analysis concluded, in part, that the Attorney General Office's newly-clarified opinion legally requires significant changes to how the Baltimore City OIG currently operates. The analysis and recommendations from the City Solicitor can be found here.
As a result, the City of Baltimore has acted on the recommendations and taken steps necessary to come into compliance with state law. This includes changes, effective today, to the OIG's direct access to records, files, and communications, including digital platforms like Workday which contain protected information.
Today, the administration notified the Chair of the Inspector General Advisory Board and Inspector General Isabel Cumming about the City's receipt of the opinion, the City Solicitor's analysis of the legal and liability concerns raised by noncompliance with state law, and the actions being taken to achieve compliance with state law.
In part, the City Solicitor's recommendations stated:
"These measures will not weaken the OIG. They protect the integrity of OIG investigations and strengthen the City's ability to defend them, as the OIG will still be able to request and obtain records that do not contain materials protected from disclosure under the MPIA. They also ensure that both the OIG and the City comply with State law- law that the City cannot waive and that local enactments cannot override."
In these communications, the City has expressed eagerness to brief the Inspector General Advisory Board on the opinion and for the Law Department to work collaboratively with them to outline an updated written protocol to ensure the OIG's work continues without interruption, while ensuring compliance with state law.
In response to this significant, but legally-required change, Mayor Brandon M. Scott released the following statement:
"Transparency and integrity are sacred in public service. Throughout my entire career in Baltimore City government, I have fought to strengthen oversight and accountability measures to ensure the city is managed with the integrity, lawfulness, and responsibility that all Baltimoreans deserve. To that end, I am deeply committed to the purpose, value, and independence of our OIG. All of these values must extend to every individual working on behalf of the city, no matter their role.
"The actions we are reluctantly taking today were not decided lightly, and they are not intended to hinder or interfere with the lawful work of the OIG. They are intended solely to ensure the City comes into compliance with state law to ensure the integrity of investigations and limit liability.
"As we move forward, we are eager for the Law Department to work with the OIG and the Advisory Board to establish renewed written protocols to effectively guide the OIG's work under this new legal understanding, and lay the groundwork to further strengthen the sanctity of the role of the Inspector General in Baltimore. There should be no confusion, debate, or doubt about the parameters of the OIG's work, and the people of Baltimore deserve to know that the Inspector General is operating in a way that is lawful and above reproach. I am hopeful that the newfound clarity provided by the opinion from the Attorney General's Office and the protocols that will arise from this necessary discussion will guarantee that assurance."