The Commonwealth’s new Auditor, Diana DiZoglio is delivering on a campaign promise to audit the Legislature. She told Boston Globe and Channel Five reporters that in her determination to bring transparency to the House and Senate she plans “to audit” what goes on behind closed doors, including budget decisions, committee chairmanships, committee assignments, and office assignments. Senate President Karen Spilka and, more emphatically, House Speaker Ron Mariano say that Auditor DiZogio does not have the authority to audit the House and Senate and noted that both chambers undergo annual audits performed by independent Certified Public Accountants, the results of which are published on their websites. They both invoked the constitutional separation of powers as a legal basis for denying Auditor DiZoglio’s claim to a right to audit the Legislature.
Newton State Representative Kay Khan, who was not surprised by DiZoglio’s audit announcement in view of her campaign promise, noted, “though the state’s Constitution recognizes a separation of powers, the promise of Auditor DiZoglio to bring transparency to the state legislature will likely continue to be discussed.”
According to Senate Majority Leader Cynthia Creem, “In addition to the Constitutional issue of separation of power, I understand that audits are used to determine if activities are performed in accordance with accepted practices and standards. If there are no defined accepted practices and standards, I do not understand how an audit can be performed. I am unaware that there are prescribed standards for such things as the making of Senate appointments, the timing of Senate meetings, and the formation of Senate committees.”
State Representative Ruth Balser, one of the four House Division leaders, agreed, saying, “all House accounts are independently audited annually and are posted on the public website. Other matters, such as rules and procedures of the House are the responsibility of the members who are elected, per the state Constitution’s basic principle of separation of powers.”