The first question at City Council President Zeke Cohen’s news conference was not about the City Charter change proposals he came to tout.

Instead, Cohen was asked if he supports Councilman Mark Conway’s charter amendment bill that would, if passed by the Council and approved by voters, make Baltimore’s Inspector General a co-custodian of city records.

The change would restore the investigatory records access that was abruptly curtailed by Mayor Brandon Scott in January amid Cumming’s probe into one of the mayor’s prized youth intervention programs.

No, he does not support Conway’s bill, Cohen indicated yesterday, after declaring his “aggressive” commitment to “agency oversight and fighting for transparency” and “the good work that our inspector general does.”

So why not support Cumming, who had moments earlier stood with Conway in City Hall and declared that she needs access to city records to perform her watchdog job of investigating government waste, fraud and abuse?

A legal issue – jurisdiction – was the reason Cohen cited. He said he had looked into the matter with the council’s attorneys “before this latest brouhaha went down.”

“My attorneys [said] and my understanding was that we cannot legislate custodianship through a charter amendment, that this is really a state issue,” he said, pointing to a bill in Annapolis to affirm inspectors generals’ access to information. “We look forward to this bill moving forward.”

However, the bipartisan bill, which clarifies that inspectors general are not subject to the Maryland Public Information Act (MPIA), remains bottled up in committee with less than a week to go before the General Assembly’s April 13 adjournment.

Last month, Senate President Bill Ferguson signaled that a full exemption from the MPIA would not be approved and more recently blamed the bill’s failure to move out of committee on a lawsuit that Cumming filed against the Scott administration.

With her prospects dim in Annapolis and uncertain in Baltimore Circuit Court (Scott’s law department has asked the judge to throw her lawsuit out), Cumming faces tough sledding on the council, whose members are typically loath to challenge the mayor.

“I need now the people to come forward and support this bill, and tell their elected officials, that is what they want,” Cumming said, calling her office “very apolitical.”

Conway urged his fellow lawmakers to support him, despite the political risk.

“We need to step out of the individualistic perspectives of this IG or this mayor or this specific situation and think about what it means for a system where any mayor can theoretically prevent an IG from investigating an office within the mayor’s office,” Conway said. “That doesn’t make sense, we need to fix that immediately.”

How soon would his bill need to get a hearing in Councilman Ryan Dorsey’s Charter Review Committee in order to get in the pipeline for going on the ballot in November?

“I’d like to have a hearing before the end of this month and have it passed before the end of this month,” Conway said.

Ending Low Bids?

Dorsey was one of several council members to join Cohen for yesterday’s announcement about the recommendations of the five-member committee he convened to suggest changes to the century-old city governance document.

The package of changes “will create a more efficient, effective and structured city government,” he said.

The proposal that’s sure to spark debate – eliminating the requirement that material purchases, large-scale public works and other contracts be awarded to “the lowest responsive and responsible bidder.”

The rule calls for the formal advertising of contracts, which are open to companies with the capacity or track records to do the work and whose bids are publicly opened by the Board of Estimates.

Councilman Jermaine Jones said the low-bid rule “in practice often prioritizes the lowest price over the best value or the most qualified vendor or the outcomes that matter the most to city residents.”

Equally important, it has led to low bidders returning to the Board of Estimates seeking millions of dollars (here and here) to finish the project.

Another proposed charter amendment would remove the Board of Estimates from the “minor privilege process.”

“Something as straightforward as a small business owner getting approval to post a sign or set up a sidewalk display requires Board of Estimates approval. This is an absurd level of red tape,” argued Councilman Zac Blanchard.

Councilman John Bullock described other amendments that would allow lawmakers “to attach conditions and performance benchmark requirements to agency appropriations,” provide greater flexibility in how much is set aside for emergency use and – in a dramatic departure from current practices – allow the council to “create discrete funds to benefit specific programs that should exist independent of other city spending.”

No Changes to the BOE

Cohen was asked about what isn’t in the package of charter amendments, including an idea he has supported in the past – scrapping the Board of Estimates.

The spending board reviews and approves, at twice-a-month meetings, contracts, legal agreements and settlements representing tens of millions of dollars of public spending – sometimes in just a few minute and with no discussion.

As council president, Cohen holds one seat on the board, and City Comptroller Bill Henry holds another.

The mayor controls the board through three seats – for himself and for two cabinet members, the city solicitor and director of public works.

• THE IMPERIAL MAYOR: When ward bosses reigned and the Board of Estimates was born (10/7/20)

Removing or eliminating the BOE, Cohen acknowledged, was discussed by the Charter Review Committee, but no decisions were made.

“I’m very interested in looking at different systems. When it comes to the BOE, when I got into office, I made a commitment that we would look to significantly reform the Board of Estimates or abolish it.

“I am still very, very interested in that conversation,” he told reporters.