“Pure political self-promotion and electioneering.”
That’s how House Speaker Ron Mariano characterized state Auditor Diana DiZoglio’s latest attempt to shed some light on the workings of the Legislature.
That, of course, is what could happen to some degree if voters approve Question 1 on election day, Nov. 5.
Since surveys have indicated the ballot measure enjoys the overwhelming support of Massachusetts residents, it’s easy to see why DiZoglio wants to keep lawmakers’ intransigence on the public’s radar.
So, just 15 days before the polls open, DiZoglio doubled down on her protracted feud with the Legislature by publishing a report that slams lawmakers for their lack of transparency.
DiZoglio’s office on Monday issued a 77-page account of its attempts to subject the Legislature to a “performance audit.”
Auditors sought to answer a series of questions about legislative finances, operations and communications, but DiZoglio’s office said House and Senate Democrats refused to participate, preventing investigators from reaching conclusions in several areas.
DiZoglio, a Methuen Democrat who clashed with legislative leaders during her tenures in both chambers, called it “deeply concerning that legislative leaders have refused to cooperate with our office to help promote transparency and identify ways to improve service to the people of Massachusetts.”
“Transparency and accountability are cornerstones of our democracy and enable the people to participate in government as intended in our Constitution, in a system of checks and balances …” DiZoglio said in a statement alongside the report.
As one would expect, Speaker Mariano and Senate President Karen Spilka took umbrage with DiZoglio’s latest attempt to get an accounting of their business, renewing arguments that her office lacks the authority to conduct a carte blanche audit of the Legislature without violating the state Constitution’s separation of powers.
“The purported audit of the Legislature released by the Auditor today confirms only one thing: The Auditor has abandoned all pretext of faithfully performing her statutory responsibilities in favor of using her office for pure political self-promotion and electioneering,” Mariano said in a statement.
Spilka’s spokesman Gray Milkowski added, “The auditor is singularly focused on the upcoming election and promoting her ballot question, while the Legislature has been busy doing the people’s business …”
Milkowski emphasized that “the Senate undergoes an audit every fiscal year by an independent certified public accounting firm experienced in auditing governmental entities and provides that audit to the public. Further, Senate business is made public through journals, calendars and recordings of each session, while payroll and other financial information is publicly available on the Comptroller’s website.”
The new report from DiZoglio’s office made findings in only three of eight original areas of focus: publication of annual financial audits into the Legislature, information about pending and enacted bills available on the Legislature’s website, and the lack of a “legislative services” office to support lawmakers.
DiZoglio’s office said due to legislative leaders’ lack of cooperation, investigators could not gather enough information to reach firm conclusions on five other topics, including how often bills cosponsored by a majority of lawmakers actually move, and the Legislature’s use of non-disclosure agreements.
The audit covered the period from Jan. 1, 2021 through Dec. 31, 2022, approximately the entirety of a two-year lawmaking session.
Even if Question 1 passes, DiZoglio might find her office’s attempts to pry further information frustrated by legislative protocols.
A recent report released by the Tufts’ Center for State Policy and Analysis found that some legislative branch activities are off-limits to the executive branch – of which DiZoglio is part.
Activities like votes and committee assignments are part of a protected group immune to examination.
They include votes, debates, committee assignments, policy priorities —”core legislative functions” that the auditor can’t review even if Question 1 passes.
An audit may be able to look into “non-core” activities, such as cybersecurity practices, purchasing practices or employee training, but it comes with a catch.
The Tufts report also found that state audits are only effective with the cooperation of the Legislature.
DiZoglio faces other roadblocks in the way of a legislative audit.
The report notes that the Legislature has three options to pursue if Question 1 passes:
• Challenge the question in court;
• Pass a bill overturning the question;
• Cut or limit funding to the auditor’s office.
Beyond that, as it has done with other approved ballot referendums, the Legislature can amend questions it doesn’t entirely support.
Lawmakers rewrote the 2016 law that legalized marijuana sales in Massachusetts just months after it passed at the ballot box. It also slowed the implementation of a state’s income tax cut that passed in 2000.
Attorney General Andrea Campbell also might step in – as she’s attempted to do in the MBTA zoning dispute involving the town of Milton’s refusal to comply with that law.
Campbell has already refused to allow DiZoglio’s office to directly audit the Legislature, and has hinted she might do so again even if Question 1 passes.
As we previously stated, the newspaper wholeheartedly supports DiZoglio’s quest to audit the Legislation through Question 1.
However, we also understand that the realization of that goal isn’t a done deal, even with the expected result on election day.