Commission recommends assuring independence of inspector general

A commission tasked with evaluating the office of Baltimore County government’s watchdog released its final report Friday, recommending the inspector general shouldn’t be subject to an oversight or advisory board.

The Blue Ribbon Commission on Ethics and Accountability studied the future of the Office of Inspector General Kelly Madigan. It released an interim report last month, sharing the results of a countywide ethics survey, but without proposed policy changes.

Overall, the commission recommended in Friday’s report preserving the office’s independence and encoding the office in the County Charter. It also recommended the County Council and county executive always offer written justifications in advance of any change or reduction in the office’s budget.

It said the inspector general’s office should be separate from the Ethics Commission, which Madigan also oversees, and an independent executive director should be hired for that commission.

“The experts who spoke to the commission stated that having the OIG and Ethics Commission in the same agency presents a potential conflict, and commission members also heard as part of their fact-finding that individuals were concerned that, by calling the Ethics Commission for advice, they may unintentionally cause the OIG to launch an investigation,” the report said.

The inspector general should have unrestricted access to government records, and the amount of time that agencies have to comply with a subpoena should be reduced from 90 to 30 days, the commission said.

It also recommended that to avoid conflicts of interest, Madigan have access to independent counsel, as her office is currently represented by the county attorney.

Madigan said her office already operates under many of the recommended conditions because they are best practices for inspectors general.

“The office looks forward to these recommendations being implemented, which will continue to ensure that [it] remains independent from outside influences and adheres to its mission, all while providing the citizens of Baltimore County with a proper return on their investment — an independent watchdog committed to rooting out fraud, waste and misconduct,” Madigan said in a statement.

Madigan, a former Baltimore assistant state’s attorney who also worked for the Office of the State Prosecutor, is the county’s first inspector general.

Democratic County Executive Johnny Olszewski Jr. created the position in 2019, but 18 months later planned legislation to regulate it that a national industry group said would have “gagged and shackled” the office’s work. Madigan would have been required to notify an oversight board when she began an investigation, and the board would have had the power to fire her or cut her budget.

Olszewski withdrew that bill after a backlash, and instead established the commission in October 2021. It was chaired by William Johnson Jr., a former inspector general for the Maryland Department of Human Resources, and contracted with the University of Baltimore’s Schaefer Center for Public Policy for staff work.

The commission began meeting in June, and held several closed-door sessions to interview County Council Chair Julian Jones, another unnamed council member and county staff about their experiences with Madigan. Jones and then-council members Cathy Bevins and Tom Quirk had repeatedly criticized Madigan’s investigative tactics. All are Democrats.

Olszewski thanked the commission members for their work.

“We look forward to carefully reviewing the recommendations and remain committed to implementing best practice policies that further enshrine the values of transparency and accountability into the culture of our government,” he said in a statement.

Jones has been the subject of two inspector general investigations for using his official email to improperly solicit campaign donations and for overruling county officials’ objections and directing an on-call contractor to repave a Towson alleyway at the behest of a local developer.

Jones did not participate in the latter investigation because he refused to allow Madigan’s office to record his interview.

The commission recommended that the inspector general adopt a policy of recording interviews unless someone withholds consent, in which case notes should be taken during the interview.

“I was happy to see the members of the commission vindicate me and insist that the inspector general follow Maryland law and respect people’s rights who wish not to be recorded,” Jones said.

“I am somewhat puzzled by the commission’s suggestion to provide the [inspector general] with legal counsel, yet go so far as to recommend that Baltimore County not provide legal counsel for employees. It seems unfair and biased,” he said.

The commission’s report recommended against using the county law office to advise county employees contacted by the inspector general during an investigation because of potential conflicts of interest.

It also recommended against reimbursing them for private counsel.

“Reimbursement for these expenses would create a positive incentive for employees to seek out private legal counsel if involved in OIG investigations without regard for the cost of that counsel, thus imposing an undue burden on the county’s finances,” the report said.

Jones said the council had not yet decided when it would take up the issue of implementing the commission’s recommendations, as council members’ attentions were focused on the upcoming budget season. A fiscal year 2024 budget must be adopted by June 1.