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Baltimore County IG wants legal clarity after reappointment denied

Baltimore County Inspector General Kelly Madigan addresses the Baltimore County Council during a hearing on two bills proposed to enshrine her office in the county’s charter and remove a waiting period to subpoena nongovernment records Nov. 28, 2023. (Taylor DeVille/The Baltimore Banner)
Taylor DeVille
/
The Baltimore Banner
Baltimore County Inspector General Kelly Madigan addresses the Baltimore County Council during a hearing on two bills proposed to enshrine her office in the county’s charter and remove a waiting period to subpoena nongovernment records Nov. 28, 2023.

Baltimore County Inspector General Kelly Madigan said the county attorney should offer guidance on whether County Executive Kathy Klausmeier can reappoint her.

This comes following Klausmeier’s decision to not reappoint Madigan to a second term.

In an interview on WYPR’s Midday on Friday, Madigan took issue with Klausmeier’s reading of the county code that she can’t be reappointed and instead it must be opened up to other applicants. A spokeswoman for Klausmeier said she does not think it’s necessary to ask County Attorney James Benjamin for guidance but Madigan disagrees.

“In the past when we’ve issued reports or there’s been a question about what the code what the Baltimore County Code does or doesn’t say that’s an opportunity for him to weigh in,” Madigan said. “If anyone should weigh in on what the code means, what the language requires it would be Mister Benjamin and his office.”

According to the charter, the county attorney “shall give advice and opinions on any legal questions affecting the interest of the county” when asked to do so by the county executive, the county council or the county administrative officer.

Neither Benjamin nor Klausmeier have been made available for an interview.

Madigan said in the meantime she is applying to keep her job for a second term.

“I’m trying to be cautiously optimistic,” Madigan said. “I’m trying to keep a little bit of hope. I love this job I would love nothing more than continue.”

With that said, Madigan said “it’s probably good to read the room and brush up my resume, draft a cover letter, get a LinkedIn profile.”

Madigan said she’s been overwhelmed “by the county employees that have reached out to me just to thank me for the work and really appreciated the office being in existence.”

Klausmeier gave Madigan a letter on May 12 saying they would be accepting applications for inspector general. Since then, six of the seven members of the county council have urged Klausmeier to reappoint Madigan.

While Klausmeier nominates the inspector general, it’s up to the council to confirm.

Madigan said she has not spoken to Klausmeier since the May 12 meeting. The county is accepting applications for inspector general through June 4.

Madigan is Baltimore County’s first inspector general. She was appointed by then County Executive Johnny Olszewski and took office in January of 2020. Her office has issued nearly three dozen reports related to waste, fraud and abuse in county government. Her investigations have included members of the county council and Olszewski.

Madigan noted that studies have shown people don’t have a lot of trust in government. An April UMBC poll found that 60 percent of Baltimore County residents said they could trust their local government “never” or “only some of the time.”

“You have to maintain your independence knowing that any given day you can get a complaint through the door,” Madigan said. “I think oversight is very important.”

She added, “I think there is a general hunger right now for accountability in government which is what inspector generals provide.”

John Lee is a reporter for WYPR covering Baltimore County. @JohnWesleyLee2
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