Real Accountability & Disclosure in Insurance Claims And Litigation

The Background:

We have a crisis of transparency and accountability in Baltimore County. From the botched Inspector general appointment to the redistricting map and even questions around settlements for officials in the prior administration, the people of Baltimore County are losing trust in their government. We must act to restore honor and integrity to the government.

Part of that work starts with modernizing and improving the systems we use to hold ourselves accountable. We must implement data-based tracking everywhere possible so that the County, the people and every stakeholder can see the reality and work together to create a smarter and more inclusive government.

But more data does not address the closed door culture that pervades much of the government’s accountability. That is why CE Olszewski created the inspector generals office. That was a critical first step in the right direction. The next step is radical transparency.

Today, the County Attorney’s office may do any number of self-insurance fund lawsuit settlements for a variety from property claims to misconduct settlements. However, the attorney’s office has discretion to create non-disclosure agreements in the process thus allowing perhaps hundreds of thousands of tax dollars to be paid without true public oversight.

In a culture of radical transparency, self-insurance fund lawsuit settlements are public. 

Why It Is Important:

Self-insurance fund lawsuits are circumstances where the county itself is being sued and thus must negotiate and manage the lawsuit themselves. In these cases, something may have gone wrong with property the County is responsible for or a County employee may have conducted wrong-doing.

We cannot fix what we cannot measure. Transparency over these lawsuits are critical data for the public and the administrators to be able to discuss honestly and openly. Moreover, settlements in these cases are from tax payer dollars. Voters need to trust that their taxes are being handled with the utmost stewardship. Redacted details and closed door practices undermine that essential aspect of our democracy.

The Plan:

Within the first 100 days, I will enact an executive order and push for legislation so that the Attorneys office ends these practices which blind the public to self-insurance fund lawsuits settlements.

The Executive Order: This order will direct the County’s Attorney’s office to adopt guidance that avoids the use of non-disclosure agreements in self-insurance fund settlements.

This is the most direct action I can take as County Executive to create change. However, the legislative route is much more powerful.

The Legislation: My legislative team will push forward the Real Accountability & Disclosure in Insurance Claims And Litigation bill (The RADICAL Bill) to the County Council. It will borrow from legislation passed four years ago in Montgomery County called Bill 19-21.

I envision the bill will include the following provisions:

• This will effectively supersede my executive order.
• It will explicitly prohibit the use of non-disclosure agreements in self-insurance fund lawsuits unless the privacy of victims is at stake.
• It will require the County’s Attorney’s office to create a public annual report of all self-insurance fund lawsuits and settlements. The report should detail the plaintiff, the amount of the settlement, the general nature of the lawsuit, and other critical details.
• The annual report should be made open at a public hearing so that the community may comment and ask questions.

Together these provisions will foster the transparency and accountability that the people of Baltimore County deserves and should serve as a warning to corrupt and bad actors: Baltimore County is not afraid of the light.