BOSTON — State Auditor Diana DiZoglio asked Attorney General Andrea Campbell to greenlight a lawsuit against the state Legislature to force the House and Senate to comply with a reignited effort to open up their finances and divulge details on internal proceedings, according to a letter obtained by the Herald.

In a letter sent Friday, DiZoglio called on Campbell to revisit a ruling from last year that said the State Auditor’s Office had no legal authority to crack open the Legislature’s books without its consent, a decision that also blocked DiZolgio’s pathway to court where a judge could settle the matter.

But in the wake of a successful ballot question that grants the auditor the explicit authority to investigate the House and Senate, DiZoglio said the “issue of consent is now moot” and invited Campbell “to join our office’s efforts to disrupt the shameful status quo and shed a bit of sunlight on the woefully opaque” Legislature.

“Specifically, I request your support to start the process of litigating this matter as the Legislature has already failed to even acknowledge, much less comply with, our current audit engagement letter,” DiZoglio wrote in the letter, which was also sent to Gov. Maura Healey.

A spokesperson for Campbell did not immediately provide a comment in response to a Herald inquiry.

The timing of DiZoglio’s request could make matters complicated as the language of the ballot question does not take effect until the results of the 2024 election are certified, a process that is expected to be completed by Healey in early December.

The House and Senate must also formally refuse to comply with DiZoglio’s revitalized audit push for the Attorney General’s Office to have an opening to consider legal action.

On the rare occasion one part of state government is allowed to sue another agency or department, the attorney general represents one side and a special assistant attorney general is typically appointed to represent the other side.

The request to pursue legal action comes almost two weeks after DiZoglio sent a letter to House Speaker Ron Mariano and Senate President Karen Spilka informing them that the State Auditor’s Office planned to restart its previously stalled investigation into the two chambers.

DiZoglio said the audit would tap into “high-risk areas” like state contracting, procurement procedures, and the use of taxpayer-funded non-disclosure agreements.

“We ask that all requested records and information be made available to use within 72 hours of the date of request,” DiZoglio said in the Nov. 8 letter.

In an interview with the Herald Wednesday, DiZoglio said Mariano and Spilka had not yet responded to the request. House and Senate officials said the chambers plan to reply to DiZolgio, though their timing is unclear.

“We are assuming this matter might need to go to court to ensure compliance with the law,” DiZolgio said. “We hope the attorney general represents the people of Massachusetts who overwhelmingly sided with this issue by 72%.”

Spokespeople for Mariano and Spilka declined to comment on the letter.

In an early November 2023 letter, Campbell said the decision to deny DiZoglio’s office access to the court system to resolve her audit of the Legislature was built on advice given in 1994, when state lawyers “expressed considerable doubt” that the auditor had the authority to audit the Legislature over its objection.

Campbell’s office did acknowledge the ballot question in that letter, writing that the office may need to consider “whether, and the extent to which, constitutional limitations affect how the law would apply.”

In her Friday letter, DiZoglio said the previous opinion “usurped the powers and duties of the bench on a matter of great importance to the people of the commonwealth.”

“Those powers and duties cannot and should not be foreclosed by the opinion of a single elected official in the executive department,” DiZoglio wrote. “… The AGO’s sweeping opinion exceeded its authority and usurped the power of the judiciary, infringing upon the rights and authorities of the OSA.”

DiZoglio said Campbell should reverse course for six reasons, including that the Auditor’s Office now has the explicit authority to investigate the Legislature following the successful ballot question and the benefits of settling the matter in court outweigh potential legal costs.

The Methuen Democrat, a former state lawmaker who regularly clashed with Democratic leadership, also said the Attorney General’s Office is “charged with protecting and defending the interests of the people.”

“It is in the people’s interest to have access to information, via a regular audit by our office, regarding the use of their tax dollars by our legislative leaders,” she wrote. “On Nov. 5, 2024, the people emphatically voiced their interests — overwhelmingly passing Question 1 granting the OSA the express authority to audit the Legislature.”

Mariano and Spilka have repeatedly argued that an audit of the Legislature by the Auditor’s Office violates separation of power provisions outlined in the state constitution.

The two Democrats have suggested they are open to changing the voter-approved audit law.

The House also voted to change an internal rule to allow DiZoglio’s office to choose the independent firm that reviews the House’s finances, a move Mariano said did not affect the ballot question but increased transparency.

In a brief interview with the Herald after an unrelated event Tuesday, Spilka said DiZoglio is “singularly focused on this issue.”

“There’s lots of other things that she has before her,” the Ashland Democrat said.

_______

©2024 MediaNews Group, Inc. Visit at bostonherald.com. Distributed by Tribune Content Agency, LLC.