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With effective date in dispute, Auditor DiZoglio tries again for legislative probe

Auditor Diana DiZoglio (Auditor Diana DiZoglio)
(Auditor Diana DiZoglio)

As promised, Auditor Diana DiZoglio sent another letter to top Beacon Hill Democrats on Thursday demanding they comply with her probe of the Legislature, with the Methuen Democrat largely recycling the missive that she delivered to them last month.

She again made no mention of Question 1 -- the measure that voters overwhelmingly approved in November giving DiZoglio’s office explicit authority to audit the Legislature -- in the latest “engagement letter” to House Speaker Ron Mariano and Senate President Karen Spilka. Both branch leaders have consistently resisted DiZoglio’s auditing quest, arguing it would violate the constitutional separation of powers.

“Please respond with some potential dates for an entrance conference to be scheduled,” DiZoglio wrote in the letter, which was also sent to top Democrats helming the Ways and Means, Rules, and Post Audit and Oversight committees, as well as the House and Senate clerks.

The auditor had said in a similar Nov. 8 letter that her office would be in touch to schedule an entrance conference during November. House and Senate attorneys responded by telling DiZoglio her request was premature since the law had not yet taken effect.

DiZoglio on Wednesday contended the voter law takes effect on Thursday, Dec. 5, marking 30 days from the election. Secretary of State Bill Galvin disputed the auditor’s timeline and maintained the law takes effect 30 days from the certification of election results, which happened Wednesday. The disagreement hinges on how the constitutional officers are interpreting the constitution, plus a ballot question guide from Galvin’s office that says certain successful referendums do take effect on Dec. 5.

Should the Legislature not comply with DiZoglio’s intended “performance audit,” the auditor said she’s gearing up for a legal fight and would pursue litigation through Attorney General Andrea Campbell’s office. DiZoglio’s latest letter says lawmakers must hand over information within 72 hours of her office requesting records, though the auditor told reporters Wednesday she’s willing to be flexible.

“Our work will start with a review of high-risk areas, such as state contracting and procurement procedures, the use of taxpayer-funded nondisclosure agreements, and a review of your balance forward line item - including a review of all relevant financial receipts and information,” DiZoglio wrote.

At a press conference Wednesday, DiZoglio was joined by two government watchdog groups that also called on the Legislature to follow the new voter law.

“We’re now happy to support efforts to ensure that the will of the voters are not ignored by legislative leaders who have preferred to deny the results of the election and disenfranchise their own voters,” said Massachusetts Fiscal Alliance spokesperson Paul Craney, who encouraged outside groups to get involved and sue to ensure compliance.

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