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Government accountability and transparency shouldn’t be optional | GUEST COMMENTARY

The Maryland State House in Annapolis. (Paul. W. Gillespie/Staff)
Paul W. Gillespie/Capital Gazette
The Maryland State House in Annapolis. (Paul. W. Gillespie/Staff)
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In Maryland politics, Republicans and Democrats disagree on many things. But we agree that when the government spends taxpayer money, the public deserves to know whether it is being spent effectively and efficiently.

That basic principle is why inspector general’s offices exist. They are the government’s independent watchdogs, investigators whose job is to uncover waste, fraud and abuse within government agencies.

Recently, however, those watchdogs have been told they must ask permission from the very agencies they are investigating.

Across multiple Maryland jurisdictions, inspectors general have been denied access to records needed for active investigations. Agencies have cited a legal interpretation suggesting inspectors general must use the same Maryland Public Information Act (MPIA) process as members of the public, even though inspectors general already possess statutory subpoena authority.

In plain terms, investigators have been told to file paperwork and wait in line.

That might sound procedural, but the consequences are serious. Investigations stall. Evidence disappears. Accountability weakens. And the subject of an investigation gains the power to control the flow of information. Oversight cannot function that way.

When the entity being investigated decides what records investigators may see and when, oversight becomes optional. The watchdog becomes dependent on the subject’s cooperation. That is not transparency. That is theater.

Supporters of the current interpretation argue that the Maryland Public Information Act contains mandatory confidentiality provisions and that local laws cannot override those state protections. That concern deserves respect. But inspectors general are not public requesters seeking disclosure; they are independent officers already legally bound to protect sensitive information. Allowing them access does not make protected records public. It simply permits investigators to review necessary records while confidentiality rules remain fully in place.

To resolve this problem, we introduced bipartisan legislation clarifying that inspectors general are not subject to ordinary MPIA restrictions when conducting official investigations. House Bill 1620 and Senate Bill 991 would make clear that when state or local law authorizes an inspector general to access records, and those records are necessary to perform official responsibilities, the records custodian must allow inspection. The legislation also preserves existing confidentiality protections by ensuring that any redisclosure of records remains subject to MPIA restrictions. This is not an expansion of power. It is a restoration of clarity.

Maryland currently has inspector general offices in Montgomery County, Howard County, Baltimore County and Baltimore City. Collectively, these offices have saved taxpayers millions of dollars by identifying improper spending, correcting internal controls and preventing future losses. Each of these offices supports our legislation because they have firsthand experience with how procedural barriers can derail legitimate investigations.

Inspector general offices exist for a specific reason — internal systems do not always detect internal problems. An independent review protects taxpayers, employees and public trust alike.

And importantly, this issue should not, and does not, fall along party lines.

One of us represents Montgomery County. The other represents Baltimore County. We come from different political parties and serve very different communities. Yet our constituents share the same expectation: Government should not investigate itself behind closed doors.

Transparency is not conservative or liberal. It is foundational.

The legislation does not weaken public records laws or reduce public access to information. It simply recognizes a distinction: Inspectors general are not outside requesters. They are independent investigators acting on behalf of the public. Requiring them to operate as ordinary MPIA applicants misunderstands their role and undermines their purpose.

No one would expect a prosecutor to ask a suspect for permission before collecting evidence. Oversight should operate with the same basic logic.

Marylanders should have confidence that when allegations of waste, fraud or abuse arise, investigators can immediately access relevant records, follow the facts wherever they lead and report findings without interference. That confidence strengthens trust in government, and trust is something our institutions need more of, not less.

We may disagree on many policy debates in Annapolis, but accountability should never be one of them.

Good government requires clear rules, independent oversight and a shared commitment to transparency. Our legislation reinforces all three.

The public deserves investigators who can do their jobs, not investigators who have to ask for permission first.

Del. Vaughn Stewart (vaughn.stewart@house.state.md.us) is a Democrat representing District 19 in Montgomery County. Del. Ryan Nawrocki (ryan.nawrocki@house.state.md.us) is a Republican representing District 7A in Baltimore County.