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Auditor hopes that the attorney general will break her confrontation with the Legislature

Auditor hopes that the attorney general will break her confrontation with the Legislature

Massachusetts Auditor Diana DiZoglio is asking the attorney general to intervene in her standoff with the Legislature, as she pushes to launch an audit under a new law voters approved in November.

But Attorney General Andrea Campbell’s role in the drama remains unclear.

“I’m not sure if the attorney general is interested in supporting people in this litigation process, or if she will support legislative leaders,” DiZoglio said in an interview Friday.

A spokesperson for the attorney general said there is a specific process for filing a request to initiate litigation: “If the Auditor follows that process, as his office has successfully done in other matters, we will consider the request,” the communications director said. Molly McGlynn. he said in a statement.

DiZoglio said his office is actively involved in that formal process. But he said he hoped Campbell would speak out proactively, pointing to his legal action when the city of Milton failed to comply with the MBTA Communities Act.

“I was hoping that our attorney general would make a statement about the need for lawmakers to follow the law,” DiZoglio said.

Campbell is going through a complex legal situation. Under the state constitution, the Legislature has limited supervision of the executive branch. But the power of an executive official to oversee the legislative branch is not specified.

The Massachusetts State House and flag. (Jesse Costa/WBUR)
The Massachusetts State House and flag. (Jesse Costa/WBUR)

Armed with the new voter-approved law, DiZoglio says she is searching for records related to state contracts, receipts, procurement procedures and the use of confidentiality agreements in state government. The auditor says these were not delivered this week as she had requested, and argues that state lawmakers are now violating the law.

House and Senate leaders disagree.

In a response Thursday to DiZoglio’s records request, Chamber business manager Colleen McGonagle wrote “much of the information your office requested in your January 6, 2025 letter can be found by any member of the Chamber.” public”.

Sen. Cindy Friedman, who heads a subcommittee tasked with responding to DiZoglio’s audit letter, said the audit effort raises serious constitutional questions.

“Our subcommittee is carefully evaluating the Auditor’s proposal and will respond appropriately,” he said in a statement.

DiZoglio says House and Senate leaders are incorrectly deciding “the constitutionality of a law that directly affects them.”

“That is a matter for the courts,” he said.

A lawsuit now seems likely. DiZoglio hopes the attorney general will take his side and sue the Legislature into compliance.

Otherwise, the auditor suggested his office could use its own attorneys. The Massachusetts Tax Alliance and a coalition of advocacy groups are also threatening to file a lawsuit against the Legislature.

“We look forward to hearing the attorney general’s position sooner rather than later,” DiZoglio said.

Material from the House News Service was used in this report.