He said the statute governing the auditor’s office makes clear that her authority extends only to executive branch departments. “My conclusion is that the Auditor lacks any legal authority to conduct an audit of the General Court, or either branch thereof,” Kennedy writes. Mariano also sent DiZoglio a copy of letter from the House counsel, James Kennedy, advising him on the auditor’s request. “As those representatives, we safeguard these constitutional protections not because of institutional jealousies but the Massachusetts Constitution guarantees ‘the people of this Commonwealth…the sole and exclusive right of governing themselves.’” “The people of the Commonwealth are the final arbiters of the performance of their duly elected representatives,” he wrote in his letter to her. While DiZoglio has railed against secrecy and what she says are the closed-doors ways of the Legislature, Mariano sought to turn that on its head and frame her move as an effort to usurp citizens’ voice in government. In his letter, Mariano also pointed to publicly available online records of all House expenditures, and an annual audit of all House accounts, which is filed with the House clerk and “available for public inspection.” If anyone wishes to view this information, it is available to the public.” Further, Senate business is made public through journals, calendars and recordings of each session, while payroll and other financial information is publicly available on the Comptroller’s website. ![]() “Those rules require that the Senate undergoes an audit every fiscal year by a certified public accounting firm experienced in auditing governmental entities and provide that audit to the public. “ Under the Massachusetts Constitution and as the separation of powers clause dictates, the Senate is required to manage its own business and set its own rules,” she said. In a statement earlier this month, Spilka said the Senate maintains sole authority over its own operations. Her March 7 letter to Mariano and Spilka said her review of the Legislature “will include but not be limited to the review of access to budgetary, hiring, spending and procurement information, as well as information regarding active and pending legislation, the process for appointing committees, the adoption and suspension of House and Senate rules and the policies and procedures of the House and Senate.” “We are not asking for permission and will continue conducting our audit as planned to help increase transparency, accountability, and equity for everyday families.”ĭiZoglio has said it has been more than 100 years since the state auditor carried out a review of the Legislature. But the Methuen Democrat made clear that she intended to go much further than an 1922 audit of the Legislature. “I find it disappointing that the Speaker is fighting an audit of what is happening in the people’s house, where the people’s business is conducted, using the people’s money,” she said. ![]() In a statement, DiZoglio said she plans to move forward with her audit, regardless of Mariano’s rejection of the idea. ![]() The unified stance of the two legislative leaders could set up a high-profile legal battle, as DiZoglio has said she would take the case for auditing the Legislature to court, if necessary.
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