Middleboro Review 2: POLITICO Massachusetts Playbook: Campbell blocks DiZoglio from suing Legislature

Friday, November 3, 2023

POLITICO Massachusetts Playbook: Campbell blocks DiZoglio from suing Legislature

Presented by

WHEN ONE DOOR CLOSES — Attorney General Andrea Campbell rejected Diana DiZoglio’s bid to force the Legislature to comply with her audit of its practices and procedures, dealing a setback to the auditor who is now regrouping behind a ballot question that would grant her the authority for such a probe.

DiZoglio was trying to sue the Legislature after its Democratic leaders, under whom she once served, refused to crack open their books for her team. They argued the auditor didn’t have the constitutional authority to conduct the review that would have spanned everything from their hiring and spending to their committee-appointment process.

But DiZoglio needed Campbell’s permission to take another state agency to court. And on Thursday, Campbell’s office rejected her request in a 17-page report .

“I believe transparency is a cornerstone of good government, but that transparency must be achieved through methods that are consistent with the law,” Campbell said in a statement. “[C]urrent law does not allow an audit of the Legislature over its objection.”

DiZoglio, unsurprisingly, “strongly” disagrees with the decision. “I respect [Campbell’s] right to her opinion, and to defend the position of legislative leaders,” DiZoglio said in a statement. “However, a question of statutory interpretation on a matter of such importance to taxpayers, is best answered by the courts.”

Diana DiZoglio found dozens of old audits of the Legislature to back up her attempted probe. | Lisa Kashinsky/POLITICO

Campbell's decision builds on a 1994 opinion from the attorney general's office that “expressed considerable doubt” that the auditor could examine the Legislature without its consent — which is effectively what DiZoglio is trying to do since House Speaker Ron Mariano and Senate President Karen Spilka won’t play ball.

DiZoglio had argued, in part, that the more than 100 audits of the Legislature the office had conducted as far back as the 1800s set the precedent for what she’s trying to do now. But the attorney general’s office said those audits were not comparable in scope to the expansive review DiZoglio is seeking. And Campbell argued that many of the audits were financial reviews done before such responsibilities shifted to the comptroller’s office in the 1920s.

Campbell also said auditing the Legislature without its consent would raise separation of powers issues under the state constitution — echoing arguments from Democratic legislative leaders and from House counsel in a letter sent to Campbell on Wednesday. Spilka and Mariano said in a statement that they’re “grateful” to see the attorney general's review conclude, and that Campbell’s decision “has reinforced our long-held position.”

The auditor has some options, but they’re uphill battles. DiZoglio could potentially try to challenge Campbell’s decision. But she appears to instead be turning to the court of public opinion — pushing her ballot question “so voters have the opportunity to make it crystal clear that they expect transparency and accountability from the Legislature they pay for.”

The ballot campaign will need to clear several more hurdles, including a major upcoming signature deadline, to even appear before voters. The auditor and volunteers from across the political spectrum have collected at least half of the 74,574 signatures they need to turn in to local officials by Nov. 22 to keep advancing toward the 2024 ballot, a spokesperson for the ballot committee previously told Playbook .

DiZoglio put Campbell in the politically awkward position of having to pick between other top Democrats in a battle over government transparency. Campbell chose Spilka and Mariano this round. But she maintains some both-sides cover by having also — as part of an entirely separate process — green-lit DiZoglio’s ballot question.

GOOD FRIDAY MORNING, MASSACHUSETTS. It’s almost the weekend.

TODAY — Gov. Maura Healey takes her tax-relief tour to Fall River at 3:45 p.m. President Joe Biden visits Lewiston, Maine.

THIS WEEKEND — Israeli Consul-General to New England Meron Reuben is on WBZ’s “Keller @ Large” at 8:30 a.m. Sunday. Healey is on WCVB’s “On the Record” at 11 a.m. Sunday. House Ways and Means Chair Aaron Michlewitz is on NBC10’s “At Issue” at 11:30 a.m. Sunday.

Tips? Scoops? Email us: lkashinsky@politico.com and kgarrity@politico.com .

A message from Conservation Law Foundation:

Conservation Law Foundation is separating fact from fiction when it comes to the role of bioenergy in cutting climate-damaging pollution and transforming our economy to one built on clean energy. The economic, environmental, and public health of our communities and businesses demand that we invest in energy efficiency and clean energy sources while moving with caution and care on bioenergy resources.

MIGRANTS IN MASSACHUSETTS

GETTING CLOSER — There were 7,404 families in the emergency shelter system on Thursday, as the state continues to march headlong toward the 7,500-family threshold that will trigger a waitlist for migrant and homeless families seeking assistance.

It’s still not clear where families who get waitlisted are supposed to go. The state has a resource flier that lists three options, including returning to the “last safe place” they stayed. A spokesperson for Gov. Maura Healey said officials “are in conversation with partners about potential overflow options.”

Danielle Ferrier , CEO of homeless-services provider Heading Home, told Playbook that “nobody’s given up” trying to find extra space. But until they do, are families “going to go to the [emergency room]?” she said. “Are they going to go to the police station?"

Healey said state officials are also considering limiting how long migrant and homeless families can stay in the shelter system. The administration built the option, with 30-days notice to families, into emergency regulations it filed this week. Mayor Eric Adams has already made a similar move in New York City . More from the Boston Globe’s Matt Stout .

— “Mass. Sens. Warren, Markey call on feds to improve work authorization access for migrants,” by John L. Micek, MassLive.

DATELINE BEACON HILL

— “Healey said abortion and LGBTQ-friendly policies make the state more competitive. Residents agree,” by Jennifer Smith, CommonWealth Beacon: “When asked by the MassINC Polling Group if they agreed or disagreed with [Gov. Maura] Healey’s statements that the state’s abortion laws are a competitive advantage in attracting people to Massachusetts, 58 percent of poll respondents said they agreed, while 25 percent disagreed.”

— “New York Rideshare Settlements Have Massachusetts Angle,” by Colin A. Young, State House News Service (paywall): “A trio of settlements struck Thursday between rideshare companies and state officials in New York could provide a template for action by the Massachusetts Legislature to keep a potential industry-backed ballot question from going to voters next year, a top Uber executive said.”

NEW NAME, WHO THIS? — Healey has filed legislation to rename the 67-year-old Massachusetts Rehabilitation Commission to MassAbility.

GO INSIDE THE CAPITOL DOME: From the outset, POLITICO has been your eyes and ears on Capitol Hill, providing the most thorough Congress coverage — from political characters and emerging leaders to leadership squabbles and policy nuggets during committee markups and hearings. We're stepping up our game to ensure you’re fully informed on every key detail inside the Capitol Dome, all day, every day. Start your day with Playbook AM, refuel at midday with our Playbook PM halftime report and enrich your evening discussions with Huddle. Plus, stay updated with real-time buzz all day through our brand new Inside Congress Live feature. Learn more and subscribe here.

FROM THE HUB

CASH DASH — Vice President Kamala Harris is participating in a fundraiser next Thursday in Boston, POLITICO's Daniel Lippman reports. Donation amounts range from $1,000 to be a "supporter" to $25,000 to be a host.

— “Boston starting to see ‘real signs of stability' after Mass. and Cass tent removal,” by Anthony Vega, NBC10 Boston: “A day after tents were removed from an area in Boston known as Mass. and Cass, Mayor Michelle Wu said Thursday the city is starting to see ‘real signs of stability’ and a ‘different way forward.’ … Moving forward, mobile response teams will be watching for other encampments while also offering help to those on the streets.”

— "Frank Baker is leaving office. His style of politics may go with him," by Simón Rios, WBUR.

THE RACE FOR CITY HALL

— “Springfield mayoral candidate Justin Hurst accuses opponent of trying to ‘steal election’ by accusing him of paying for votes,” by Jeanette DeForge, Springfield Republican: “Mayoral candidate Justin J. Hurst vehemently denied accusations his campaign paid people $10 to vote for him, calling the allegations a coordinated effort by his opponent to steal the election. … Hurst is in a head-to-head race with long-time Mayor Domenic J. Sarno.”

A message from Conservation Law Foundation:

THE LOCAL ANGLE

HOMEWARD BOUND — A Medway family has finally made it out of Gaza after nearly a month trapped in the war zone. But a Plymouth couple remains after being told they could leave — but their three children would have to stay behind, per the Boston Globe .

— “Saugus fires superintendent of schools,” by Charlie McKenna, ItemLive: “The School Committee on Thursday voted unanimously to dismiss Superintendent of Schools Erin McMahon, nearly ten months after McMahon took paid administrative leave while an investigation into her conduct played out.”

— “Brockton has cash to 'extinguish' $14.4 million school deficit. Where's it coming from?” by Chris Helms, Brockton Enterprise: “‘The reserves we've accumulated on the city side will address and extinguish the school deficit,’ Brockton CFO Troy Clarkson told city leaders on Monday.”

— “Fall River is appealing its public records lawsuit loss. It faces thousands [of dollars] in legal bills,” by Jo C. Goode, Herald News.

MEANWHILE IN MAINE

— “Should Maine’s yellow flag law have been used to prevent Lewiston shootings? Its sponsor thinks so,” by Randy Billings, Portland Press Herald: “The legislator who sponsored Maine’s yellow flag law said Thursday that based on news reports it appears that it should have been used to keep guns away from Robert Card in the months leading up to last week’s mass shootings in Lewiston.”

PLAYBOOK IS GOING GLOBAL! We’re excited to introduce Global Playbook, POLITICO’s premier newsletter that brings you inside the most important conversations at the most influential events in the world. From the buzzy echoes emanating from the snowy peaks at the WEF in Davos to the discussions and personalities at Milken Global in Beverly Hills, to the heart of diplomacy at UNGA in New York City – author Suzanne Lynch brings it all to your fingertips. Experience the elite. Witness the influential. And never miss a global beat. BE PART OF THE CONVERSATION. SUBSCRIBE NOW .

MEANWHILE IN NEW HAMPSHIRE

ALTERNATE REALITY — Sideshow debates are taking center stage in a flat 2024 presidential primary as Republicans look to draw attention away from Donald Trump and Democrats look ahead to 2028, I report from Vivek Ramaswamy ’s mostly civil bout with Rep. Ro Khanna in New Hampshire.

SUNU-NOT YET — Nikki Haley isn’t shy about wanting New Hampshire Gov. Chris Sununu ’s support in the GOP presidential primary. “Are you ready to endorse me yet?” she asked the governor as they campaigned together at a Londonderry diner yesterday. “I’m getting closer everyday,” Sununu replied.

She tried again at a town hall in Nashua. “Chris, do you want to do an endorsement right now?” He laughed. “That’s the second time I’ve put him on the spot,” Haley said as the room burst into applause. “I better stop or he’s not going to do anything.”

Meanwhile, former New Jersey Gov. Chris Christie said he'd "love to have the governor’s endorsement. I’m gonna work hard to get it.” But he also said endorsements “don’t guarantee you a victory in any race.”

Democratic presidential candidate and U.S. Rep. Dean Phillips (D-Minn.) during a campaign stop Tuesday in Manchester, N.H. | AP

CEASEFIRE CLASH — A tense exchange between Rep. Dean Phillips (D-Minn.) and a voter over Israel ended with the young Black woman in tears and being escorted from his Manchester town hall by security. The woman, 23-year-old Atong Chan of Manchester, challenged Phillips to call for a “ceasefire in Gaza” given the deteriorating humanitarian conditions in the enclave and rising Palestinian death toll.

"You didn't mention how you feel about the Israeli babies," Phillips started to respond. "The moms and dads and grandmas and hostages in Gaza that were brutally murdered. I just want to hear, before I answer your question, I just want to understand if that empathy is across humanity or only for Palestinians right now.”

The back-and-forth quickly escalated. Phillips at one point described Michigan Democratic Rep. Rashida Tlaib , who is Palestinian American, as his “Palestinian sister” and called himself her “Jewish brother.” As he called for the “elimination of a terrorist organization” — Hamas — Chan began to yell “at the expense of human lives.”

An emotional Chan lamented to reporters after being led out of the Rex Theatre that Phillips didn’t answer her question. Later, pressed by POLITICO to say whether he would call for a ceasefire, Phillips responded: “Of course I support a ceasefire — when Hamas is no longer in a position to murder Israelis. Period.”

In a sign of how politically challenging the Israel-Hamas conflict could become for Democrats, while Phillips was being challenged in New Hampshire, Joe Biden was also being pressed to call for a ceasefire by a rabbi at a campaign fundraiser for the president in Phillips’ home state.

A message from Conservation Law Foundation:

Conservation Law Foundation is working to fight climate change and secure a livable and healthy future for all New Englanders. We know New England needs to end its reliance on fossil fuels, and that presents a pressing question: What role will bioenergy play in the region’s energy system as we move toward 2050? The fossil fuel industry is leaning hard on selling biofuels such as renewable natural gas as viable options to meet state mandates for cutting climate-damaging emissions. On the face of it, alternative fuels sound good. But what’s beneath the surface is more of the same climate-damaging fuels. We don’t have time or resources to waste on costly and ineffective solutions. Conservation Law Foundation is sorting fact from fiction. Bioenergy’s role in New England’s clean energy future is a limited and targeted one.

HEARD ‘ROUND THE BUBBLAH

SPOTTED — in the audience at Phillips’ town hall: former Methuen Mayor Jim Jajuga .

ALSO SPOTTED — Presidential hopeful and former Arkansas Gov. Asa Hutchinson dining at Kowloon last night.

TRANSITIONS — Beth Pearson is now chief of staff to Sen. Elizabeth Warren; Laura Gerrard is now deputy chief of staff; Gabrielle Elul is now legislative director and Janice Rottenberg has been hired as state director in Massachusetts.

HAPPY BIRTHDAY — to former Gov. Mike Dukakis , former gubernatorial hopeful and Harvard professor Danielle Allen, Martine David, Medford City Councilor Zac Bears , The Daily Beast’s Jake Lahut, Barbara Zheutlin, David Case and Rowan Morris , managing director at Guggenheim Partners.

HAPPY BIRTHWEEKEND — to state Rep. Ken Gordon, Michael Fontneau, NYT’s Kit Seelye, Julie Siegel, Morgan Mohr, Jean Roseme and Avi Berkowitz , who celebrate Saturday; and to Sunday birthday-ers Jeremy Ravinsky, Richard Parker, Alyssa Stone and Meryl Holt Silverman.

NEW HORSE RACE ALERT: LIGHT THE BEACON — Hosts Jennifer Smith and Steve Koczela mark the launch of Commonwealth Beacon by discussing new polling and bringing on Commonwealth Beacon reporter Gin Dumcius for the latest on the migrant shelter crisis. Subscribe and listen on iTunes and SoundCloud .

Want to make an impact? POLITICO Massachusetts has a variety of solutions available for partners looking to reach and activate the most influential people in the Bay State. Have a petition you want signed? A cause you’re promoting? Seeking to increase brand awareness among this key audience? Share your message with our influential readers to foster engagement and drive action. Contact Jesse Shapiro to find out how: jshapiro@politico.com .

Follow us on Twitter