Auditor looks to attorney general to break her standoff with Legislature

Massachusetts Auditor Diana DiZoglio is calling on the attorney general to intervene in her standoff with the Legislature, as she pushes to start 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 the people in this litigation process, or if she will be supporting legislative leaders," DiZoglio said in an interview Friday.

A spokesperson for the attorney general said there's a specific process to make 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," communications director Molly McGlynn said in a statement.

DiZoglio said her office is actively engaged in that formal process. But she said she had hoped Campbell would speak out proactively, pointing to her legal action when the town of Milton fell out of compliance with the MBTA Communities Act.

"I had hoped that our attorney general would make a statement regarding the need for lawmakers to follow the law," DiZoglio said.

Campbell is navigating a complex legal situation. Under the state's constitution, the Legislature has limited oversight of the executive branch. But an executive officer's power to oversee the legislative branch is not spelled out.

Armed with the new voter-approved law, DiZoglio says she is seeking records related to state contracts, receipts, procurement procedures, and the use of non-disclosure agreements in state government. The auditor says these were not turned over this week as she'd requested, and argues that state lawmakers are now violating the law.

House and Senate leaders disagree.

In a Thursday response to DiZoglio's request for records, House Business Manager Colleen McGonagle wrote "much of the information that your office requested in its January 6, 2025, letter can be found by any member of the 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," she said in a statement.

DiZoglio says House and Senate leaders are improperly deciding "the constitutionality of a law that impacts them directly."

"That is a matter for the courts," she said.

A lawsuit now appears likely. DiZoglio hopes the attorney general will take her side and sue the Legislature to comply.

If not, the auditor suggested her office could use its own attorneys. The Massachusetts Fiscal Alliance and a coalition of advocacy groups are also threatening to file a lawsuit against the Legislature.

"We hope that we will be hearing the position of the attorney general hopefully sooner than later," DiZoglio said.

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