In November, Massachusetts voters overwhelmingly backed a ballot initiative confirming Democratic State Auditor Diana DiZoglio’s authority to audit the State House. The referendum followed months of the legislature opposing the move and blocking it at every turn, with leaders like State Senate President Karen Spilka saying it amounts to an unconstitutional overreach of authority. In an interview with WAMC, DiZoglio says state lawmakers are spurning both the law and the public by continuing to resist her audit.
“The only thing that happened during that ballot initiative was that voters approved adding the legislature to the list of entities that our office is authorized by statute to audit, explicitly listing them," she said. "They were already subject, because it says all departments are to be audited by the Office of State Auditor, but because they were bucking that law, we added the language ‘including the general court’ specifically to that language of the law, so that it was crystal clear that they are to be audited like everybody else.”
A recent state Senate move in response to the vote has left the auditor irate with a body dominated by her fellow Democrats.
“Senators have decided to conspire to violate the law that nearly 72% of the voters supported via ballot initiative, creating this new audit law, and they are doing so through the formation of a new subcommittee chaired by the same person who vehemently opposed our efforts before the ballot question, actually, and drafted the very unprofessional and scathing report against our Audit efforts that was included in the ballot initiative guidebook, I believe inappropriately so,” said DiZoglio.
Democratic State Senator Cynthia Friedman is leading the subcommittee.
"We have our hands full in the auditor's office right now in once again finding ourselves in the position of hearing from legislative leaders that they are again planning to break the law, again with no fear of consequences, again gaslighting the general public, but this time, it is much more salient, I believe, to the taxpayers of Massachusetts, regarding what they are doing and the nature of what they are doing. It is unethical and it is immoral to continue to violate this law,” the auditor told WAMC.
The Berkshire legislative delegation’s Senator disagrees with how DiZoglio is framing the new body.
“It seems more procedural and boring to me, at least on the Senate side," said Democrat Paul Mark of the Berkshire, Hampden, Franklin and Hampshire District. “We've set up a subcommittee to address the audit issues and to work with the auditor and figure out, legally and constitutionally, what is required and how it's all going to work. And I think that's the right step. I mean, the Senate’s taking the step towards, how is this going to proceed? I think, based on what I'm hearing from everyone and what I'm reading in the news and hearing on the radio and such, that this inevitably is going to end up to some kind of a lawsuit and court decision, and that's probably the right move, because it is important to know what is constitutionally protected and what is constitutionally not subject to some kind of an audit, and then what constitutionally and legally is subject to an audit.”
Mark says he still hasn’t heard enough from DiZoglio about her audit to determine whether or not it’s reasonable.
“I haven't seen any official request of what information is wanted," he said. "I don't think we're at that stage yet, but the information that I get from my constituents is very private, is politically private and protected speech under the First Amendment, and I think it's important we respect that.”
He feels that DiZoglio is using the audit for political reasons.
“I think the conversation that is at least publicly being broadcast right now is politically excellent for an auditor that is trying to show the public that she is some kind of a watchdog and wants to make sure that the legislature is also being watched, and that they're maybe not receiving the same treatment that other branches of government are receiving, and at the same time, it's never popular, especially when there's a constitutional issue, when the simple answer sounds simple, but the more complicated answer is probably the right thing to do,” said Mark.
Democratic State Representative Tricia Farley-Bouvier of the 2nd Berkshire District agrees.
“We returned to formal session in November to respond to that, and we did alter our rules to give the auditor sole authority to choose the firm that would do a financial audit of the legislature," she explained. "Doing a financial audit is completely and totally appropriate, and we wanted to make sure the voters knew that they were listened to. There seems to be confusion, because the auditor intention is to not do merely a financial audit. The auditor's intention is to do a political audit, and that is just not constitutional.”
DiZoglio intends to stand her ground and continue her push for the legislative audit. She’s calling on Governor Maura Healey and Attorney General Andrea Campbell – both Democrats – to pressure the legislature into caving to her demands.
“This what seems to be battle that is ensuing between legislative leaders and the people of Massachusetts- This is no longer an argument between two offices of state government, the auditor's office and the legislature," she told WAMC. "This is now the legislature balking at the electorate and the people of the Commonwealth and demonstrating that they have no intention of respecting the will of the voters.”
A spokesperson for Campbell – who previously said DiZoglio lacked the legal authority for the audit – says in a statement the attorney general “respects the will of the voters with regard to Question 1,” adding “There is a well-established process for a state office to make and substantiate a request to initiate litigation. If and when the auditor follows that process, as her office has done successfully in other matters, we will consider the request.”
Healey’s office tells WAMC that “the voters have spoken on this and everyone should work together to implement it.”
In response to DiZoglio’s ongoing efforts, Democratic House Speaker Ron Mariano told reporters Wednesday that "compliance is in the eye of the beholder.”
