BOSTON — Auditor Diana DiZoglio is returning to old fights in the new year, including reforming the use of non-disclosure agreements in state government, potentially suing the Legislature for defying a new voter law, and accusing top Democrats of retaliation by cutting her office’s role on a health care board.
DiZoglio said Thursday her office will “soon” release an audit of settlement agreements across 75 state agencies, focused on the use of confidentiality provisions like NDAs.
DiZoglio called the probe “comprehensive” and said it fulfills a campaign pledge to scrutinize the use of taxpayer-funded NDAs.
“This audit report that will be coming out shortly is not good,” DiZoglio told the News Service. “I can’t speak more to it because it hasn’t been released yet, but it’s not good, and we need reforms across state government.”
While Gov. Maura Healey was away at the Democratic National Convention in August, DiZoglio, who thought she’d briefly become acting governor, drafted an executive order to ban state agencies from requiring NDAs in settlements with employees.
For the new 194th General Court, DiZoglio again filed legislation that she said would prevent “the abuse of taxpayer-funded NDAs that can cover up abuse, harassment, discrimination, or other unethical and unlawful behaviors.” DiZoglio urged Healey to support her quest, including by issuing an order based on her draft.
The auditor also wants Healey to veto a section of the hospital oversight bill on the governor’s desk (H 5159) that would eliminate DiZoglio’s authority to appoint three members to the Health Policy Commission board. But with the 2023-2024 Legislature now dissolved, Healey cannot veto a section of the bill, according to the House Clerk’s office.
“It is pure unadulterated retaliation on the part of legislative leaders,” said DiZoglio, who accused lawmakers of retaliating against her office’s push to audit the Legislature.
She added, “Obviously I don’t expect legislators to vote against large, comprehensive bills because there is a retaliatory section against the auditor’s office. But I do expect folks to be more vocal about the fact that it’s wrong. It’s wrong, it’s a bullying tactic, and we are not in middle school.”
Healey can currently appoint three members to the HPC board. By taking away seats from DiZoglio under the HPC overhaul, the Legislature’s bill would enable Healey to appoint six board members, including two nominated by House Speaker Ron Mariano and Senate President Karen Spilka.
A Mariano spokesperson, asked about DiZoglio’s comments, said the restructuring “ensures that members of the HPC board or appointing authorities have active roles in the oversight of the state health care system.” It also “redistributes the appointments given to the State Auditor and removes the seat held by the Secretary of Administration and Finance in favor of the Commissioner of Insurance,” the spokesman said.
A Spilka spokesperson deferred comment to lead bill negotiator Sen. Cindy Friedman, who said the restructuring was “purely a decision to shift appointment authority to experts with deep background in health policy.” Friedman added the “change will better serve Massachusetts residents who deserve high quality health care.”
More clashes could ensue Friday, when Question 1 — which voters overwhelmingly supported to give DiZoglio the explicit authority to audit the Legislature — takes effect. With a dispute over the law’s effective date now over, DiZoglio said she’ll send another letter to top lawmakers to revive her probe and schedule an “entrance conference.”
DiZoglio said the letter will largely mirror past missives she’s sent, with her office initially aiming to review “financial receipts,” taxpayer-funded NDAs, and state procurement and contracting documents. Spilka and Mariano have resisted DiZoglio’s auditing attempts, and Attorney General Andrea Campbell has said her office won’t get involved until a legal dispute arises.
“I know that legislative leaders have expressed concerns about (constitutional) separation of powers and core functions of the Legislature,” DiZoglio said. “Certainly none of those initial topics touch core functions of the Legislature.”
Asked why she’s not pursuing a different strategy Friday since the past two letters apparently failed to spur compliance among lawmakers, DiZoglio replied, “the strategy is now to take them to court.”