Memos You Shouldn't Have to Write: Public Employees Can't Take Bribes
Baltimore IG Says Housing Manager Said Bribes OK if "Under Allowable Dollar Limit"
In a story worthy of the Onion, Baltimore media reports that during a review by Baltimore Inspector General Isabel Mercedes's office of the city's housing inspectors, investigators found inspectors were confused about whether they could take money from contractors. [i], [ii]
According to the IG's report:
"The investigation revealed that, according to two inspectors, contractors had offered money or gift cards during inspections. A building inspector (‘Building Inspector l’) detailed a recent incident when an unknown contractor attempted to give them an envelope containing multiple $100 bills, suggesting it was for lunch. ‘Building Inspector I’ refused the offer and documented the incident in their inspection notes. Another inspector (‘Building Inspector 2’) described an incident when a contractor gave them money after an inspection. ‘Building Inspector 2’ stated they reported it to a manager but was informed that they could keep the money because it was under an allowable dollar limit."[iii]
The notion of an "allowable dollar limit" for accepting money from those being inspected should be staggering. Similarly, the conclusion that "a review of DCHD's policy did not provide any protocol on what an employee who is offered money or gifts should do" is mind-boggling. Do public agencies really need to detail basic criminal law requirements for their employees? Apparently so.
In any event, in response to the IG's finding, Baltimore Housing Commissioner Alice Kennedy sent a memo to her employees, including in part the following:
"Unfortunately, third-parties may attempt to bribe DHCD employees to ensure a positive outcome. "Bribery" is the offering, giving, receiving, or soliciting of something of value for the purpose of influencing an action or the discharge of official duties by a public official.
City of Baltimore employees are not permitted to accept bribes. Accepting a bribe is not only a violation of Baltimore City Ethics Law that will lead to termination of employment, accepting a bribe is a crime that may lead to criminal charges." [iv]
One can only imagine what other Maryland criminal code provisions must also be added to "Department Protocol." That a Housing Department manager suggested that taking money was permissible if “under the allowable dollar level” highlights a deeper problem with the organizational culture that a memo by itself is unlikely to address.
A cavalier attitude toward corruption within the agency charged with reviewing new construction in Baltimore underscores the city's challenges in attracting more investment. Baltimore’s perception of corruption contributes to the disinvestment that the city has suffered from for decades.
[i] https://foxbaltimore.com/news/local/baltimore-city-building-inspectors-potentially-bribed-by-contractors-says-report-from-inspector-general
[ii] https://www.baltimoresun.com/maryland/baltimore-city/bs-md-ci-oig-cumming-housing-inspector-20230823-bzmo2fzjrfafxehfawlpartnfm-story.html
[iii] https://oig.baltimorecity.gov/sites/default/files/R%2022%200023.pdf
[iv] https://oig.baltimorecity.gov/sites/default/files/22%200023%20R.pdf