Mass. Legislature brushes aside Diana DiZoglio’s audit attempt until ballot question takes effect

Lawyers for the Massachusetts House and Senate said a reignited effort by Auditor Diana DiZoglio to investigate the two chambers in the wake of a successful ballot question is “untimely” because the law has not yet taken effect.

In a letter sent to DiZoglio Tuesday, the lawyers said a Nov. 8 request from DiZoglio to hand over records and documents for the audit “lacks the legal authority” because Gov. Maura Healey and the Governor’s Council have not yet certified the audit ballot question language.

“An initiative petition for a change in law is effective 30 days after the state election in which the petition is approved, unless otherwise provided in the text of the petition. Question 1 contained no such provision,” Senate Counsel James DiTullio and House Counsel James Kennedy wrote. “Furthermore, this 30-day period does not commence until the election has been duly certified.”

The missive to DiZoglio, a former state lawmaker who has regularly clashed with legislative leaders on Beacon Hill, is the latest salvo in a long-running battle between the Methuen Democrat and top Democrats to crack open the books of the Legislature.

In a statement to the Herald, DiZoglio shot back at the Legislature.

“Is anyone surprised that they want to procrastinate into the final hours before working to address this issue? Prolonging the inevitable does not serve the taxpayers and we have alerted the attorney general that we intend to litigate this matter should they continue to balk at our meeting request beyond the certification date,” she said.

DiZoglio attempted to escalate the back and forth last week when she asked Attorney General Andrea Campbell to greenlight legal action to force the two chambers to comply with the audit attempt. It was the second time DiZoglio has asked for a pathway to court.

Campbell said Tuesday she has “no role” to play until the law takes effect and a legal dispute emerges between the two sides.

“Nothing can happen until the law that was just passed actually goes into effect,” Campbell said on GBH’s Boston Public Radio.

DiTullio and Kennedy offered a similar response.

The two attorneys said the Legislature “respects the electoral process” and “will allow” Healey and the Governor’s Council to certify election results from earlier this month.

“When that process has concluded and 30 days have passed after certification of the election results, the General Court will respond to any audit engagement letter that we receive at that time,” the lawyers said.

Healey and the Governor’s Council are expected to certify local election results early next month.

The legislative lawyers also said both the Senate and House already undergo “professional financial audits” by an outside firm, the results of which are posted online, and the Comptroller’s website features “detailed information” about payroll, expenditures, and other financial information.

 House Democrats approved an internal rules change this month that would allow DiZoglio to choose the independent auditing firm to review the House’s finances. Democrats in the two chambers have also floated tinkering with the audit law after the election.

But DiZoglio has sought to go further in her investigation, including an audit of state contracting and procurement procedures, the use of taxpayer-funded nondisclosure agreements, and a review of the chambers’ “balance forward line item.”

“The Senate and House are acting as though this issue is still up for discussion — still claiming that the audit they conduct of themselves somehow negates this law. It does not. This issue is not up for discussion. The voters decided by 72% to require their compliance with an audit conducted by my office — not by a private vendor whom they can control,” DiZoglio said in the Tuesday statement.

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