# Subtitle 5 – Claims and Litigation

Current through 2026-07-17. Source: City of Balt., Md., Ord. 26-129. Published by the Baltimore City Department of Legislative Reference.

## § 5-1 Definitions.

Balt., Md., Code art. 1, § 5-1 (2026)

(a) In this subtitle, the following terms have the meanings indicated.

(b)

  (1) “Agency” means any department, board, commission, council, authority, committee, office, or other unit of City government.

  (2) “Agency” also includes:

    (i) Baltimore City Parking Authority;

    (ii) Baltimore Development Corporation;

    (iii) Baltimore City Police Department;

    (iv) Enoch Pratt Free Library of Baltimore City;

    (v) Housing Authority of Baltimore City;

    (vi) Local Development Council, South Baltimore Video Lottery Terminal;

    (vii) Pimlico Community Development Authority;

    (viii) South Baltimore Gateway Community Impact District Management Authority;         and

    (ix) any individual not embraced in a unit of City government who  exercises authority    comparable to that of the head of a unit of City government.

(c)

(d)

  (1) “Employee” means any employee of the City who is not an official.

  (2) “Employee” also means an employee of any agency or board included within the scope of subsection (b) {“Agency”} of this section.

(e)

  (1) “Official” means:

    (i) an elected official;

    (ii) the head of any department;

    (iii) the head of any bureau or division within a department; or

    (iv) any other individual in a unit of City government who, whether acting alone or as a member of a board acting jointly with other board members:

      (A) has authority comparable to that of the head of a department or the head of a bureau or division;

      (B) has decision-making authority in making City policy;

      (C) has decision-making authority in the exercise of quasi-judicial, regulatory, licensing, inspecting, or auditing functions; or

      (D) acts as a principal advisor to one who has authority of the type listed.

  (2) “Official” also includes the Chief Executive Officer, Chief Operating Officer, Chief Financial Officer, Executive Director, Executive Secretary, or Administrator of any agency or board included within the scope of subsection (b) {“Agency”} of this section.

(f)

  (1) “Police misconduct” means any improper action taken by a Baltimore City police officer in relation with the police officer’s official duties.

  (2) “Police misconduct” includes any misconduct involving the use of force, assault and battery, malicious prosecution, or false arrest or imprisonment.

(g) “Unlawful discrimination” means any discriminatory act prohibited by local, state, or federal law.

*History: Ord. 19-320*

*History: Ord.  22-125*

## § 5-2 Website reports – Civil actions involving alleged police misconduct.

Balt., Md., Code art. 1, § 5-2 (2026)

(a) The Baltimore City Department of Law shall post on its website semi-annual reports regarding all civil actions filed in state or federal court against any agency, official, or employee involving allegations of police misconduct.

(b) The report posted on the Department of Law’s website shall include:

  (1) the court in which the action was filed;

  (2) the name of the attorney representing the plaintiff, if any;

  (3) the date the action was filed;

  (4) the nature of the plaintiff’s claims; and

  (5) if the matter has been resolved:

    (i) the manner and date of the resolution; and

    (ii) whether the resolution included a payment to the plaintiff by the Mayor and City Council of Baltimore and, if so, the amount of that payment.

(c) The semi-annual reports required under this section must be posted as follows:

  (i) on or before July 31, covering the preceding five-year period through June 30 prior to the report date; and

  (ii) on or before January 31, covering the preceding five-year period through December 31 prior to the report date.

*History: Ord. 19-320*

## § 5-3 Website reports – Civil actions involving unlawful discrimination.

Balt., Md., Code art. 1, § 5-3 (2026)

(a) The Baltimore City Department of Law shall post on its website semi-annual reports regarding all civil actions filed in state or federal court against any agency, official, or employee involving allegations of unlawful discrimination.

(b) The report posted on the Baltimore City Department of Law’s website shall include:

  (1) the court in which the action was filed;

  (2) the name of the attorney representing the plaintiff, if any;

  (3) the date the action was filed;

  (4) the nature of the plaintiff’s claims; and

  (5) if the matter has been resolved:

    (i) the manner and date of the resolution; and

    (ii) whether the resolution included a payment to the plaintiff by the Mayor and City Council of Baltimore and, if so, the amount of that payment.

(c) The semi-annual reports required under this section must be posted as follows:

  (i) on or before July 31, covering the preceding five-year period through June 30 prior to the report date; and

  (ii) on or before January 31, covering the preceding five-year period through December 31 prior to the report date.

*History: Ord. 19-320*

## § 5-4 Reports to City Council on significant litigation.

Balt., Md., Code art. 1, § 5-4 (2026)

(a) In this section, “significant litigation” means:

  (1) any suit, action, or legal proceeding in a state or federal court;

  (2) in which an attorney in the Baltimore City Department of Law is counsel of record, or the Baltimore City Department of Law has hired or is supervising outside counsel; and

  (3) for which the monetary demand exceeds $100,000 or for which an agency, official, or employee is demanded to take, continue, or discontinue a certain action or practice.

(b) Within 30 days after each calendar quarter, the Baltimore City Department of Law shall provide to the City Council a report on all significant litigation.

(c) For each case, the report shall include:

  (i) the name of the case;

  (ii) a summary of the facts giving rise to the case;

  (iii) as applicable, the amount or course of action demanded;

  (iv) the case’s current status; and

  (v) if the case has been resolved:

    (A) the manner and date of the resolution; and

    (B) whether the resolution included a payment to the plaintiff by the City and, if so, the amount of that payment.

*History: Ord. 19-320*

## § 5-5 Certain non-disparagement clauses prohibited.

Balt., Md., Code art. 1, § 5-5 (2026)

(a) In any claim alleging police misconduct or unlawful discrimination against the Mayor and City Council of Baltimore City or any agency, official, or employee, the Baltimore City Department of Law may not approve for form or legal sufficiency any settlement agreement that contains a provision requiring a claimant to waive the claimant’s right to make any statement concerning:

  (1) the Mayor and City Council of Baltimore City;

  (2) any agency;

  (3) any official or employee;

  (4) the facts or circumstances of the claim; or

  (5) the terms or conditions of the settlement agreement.

(b) In any claim alleging police misconduct or unlawful discrimination against the Mayor and City Council of Baltimore City or any agency, official, or employee, the Board of Estimates may not approve for execution any settlement agreement that contains a provision requiring a claimant to waive the claimant’s right to make any statement concerning:

  (1) the Mayor and City Council of Baltimore City;

  (2) any agency;

  (3) any official or employee;

  (4) the facts or circumstances of the claim; or

  (5) the terms or conditions of the settlement agreement.

(c) The Baltimore City Department of Law may not enforce or threaten to enforce any provision in a previously executed settlement agreement that would be prohibited under this section.

*History: Ord. 19-320*