Tuesday, March 11, 2025

POLITICO Massachusetts Playbook: Audit battle inches toward court

‘THINGS ARE GOING FINE’ — The fight between legislative leaders and state Auditor Diana DiZoglio just keeps escalating. But so far, it hasn’t brought DiZoglio any closer to carrying out the legislative audit voters overwhelmingly backed in November.

That could change today. Supporters of the audit plan to seek court orders this morning compelling the Legislature to comply with the voter-approved law and asking Attorney General Andrea Campbell to enforce it.

“It's time that people hold our governing bodies and our legislators accountable,” Elijah DeSousa, a New Bedford resident who plans to file the two writs of mandamus today, told Playbook. The orders call on both the Legislature and Campbell’s office to act on the audit law.

DiZoglio floated the idea of filing a writ of mandamus during an interview on GBH’s “Boston Public Radio” last month, but later walked it back due to a potential procedural snag (Her office would need to go through Campbell’s to file the writ.).

The filings could get the ball rolling on a high-profile legal battle that could finally put an end to the protracted bickering between legislators and DiZoglio.

Legislative leaders have long argued that the audit, which would analyze the branch’s spending and procurement practices, is unconstitutional. And they struck a defiant note Monday when asked whether they felt DiZoglio — a former state representative and senator who left the Legislature when she assumed her current post in 2023 — has a conflict of interest that should keep her from cracking open their books.

But neither House Speaker Ron Mariano nor Senate President Karen Spilka seemed interested in getting the Supreme Judicial Court to rule on whether a legislative audit performed by DiZoglio’s office would violate the separation of powers laid out in the state’s constitution.

The House hired an outside lawyer earlier this year , in preparation for the possibility that the issue could head to court. The Senate, meanwhile, is still trying to funnel DiZoglio’s requests for documents through a subcommittee formed at the start of the year to analyze the constitutionality of the question and potential conflicts of interest.

"Why would we ask for an opinion from the SJC?” Mariano said, when asked about getting the state’s highest court to weigh in on the issue. “Because she's the one that's driving the question. She's the one that campaigned for the question. She was the one out knocking doors for the question. She was the one with the personal investment in the question.”

"Things are going fine," he added. "We have a professional audit done."

GOOD TUESDAY MORNING, MASSACHUSETTS . Have a tip, story, suggestion, birthday, anniversary, new job, or any other nugget for the Playbook? Drop me a line: kgarrity@politico.com .

TODAY — Gov. Maura Healey speaks at the Massachusetts Building Trades Union Convention 10:45 a.m. and announces an executive order related to construction projects at 11 a.m. before highlighting the tax relief package lawmakers passed in 2023 at noon in Springfield. Lt. Gov. Kim Driscoll speaks at Mayor Paul Coogan’s State of the City address at 5:30 p.m. in Fall River. Attorney General Andrea Campbell speaks at a “Reimagining Behavioral Health in Higher Education” event at 9:30 a.m. in Worcester and at the Massachusetts Building Trades Union Convention at 1 p.m. Auditor Diana DiZoglio speaks at the North Andover Historical Society Women’s History Month event at 6:30 p.m. in North Andover. Boston Mayor Michelle Wu is on GBH’s “Boston Public Radio” at 11 a.m., attends a meeting covering the proposal for a soccer stadium in Everett at 6 p.m. in Charlestown and is on MSNBC’s “All In with Chris Hayes” during the 8 p.m. hour.

DATELINE BEACON HILL

— “Millions of Mass. electric customers to get $50 credit on April bills, Healey says,” by Matt Stout, The Boston Globe: “Governor Maura Healey said Monday that millions of utility customers in Massachusetts will receive a $50 credit on their April electric bills, calling it one of several moves her administration intends to make to help offset surging energy costs many households faced this winter. State officials said that every electric residential customer in Massachusetts served by either Eversource, National Grid, or Unitil will get the credit, totaling $125 million, which the state would cover using compliance payment funds from utilities. Combined, National Grid and Eversource have more than 2.8 million total electric customers in Massachusetts.”

— “Lawmakers urged to pass child sex abuse prevention bills,” by Christian M. Wade, The Eagle-Tribune: “Beacon Hill leaders are being urged by advocates of sexual assault victims to close ‘loopholes’ in state law they say are allowing child predators to go unpunished. On Monday, advocates held a briefing with lawmakers and state prosecutors to push for approval of bills that would criminalize sexual assault by adults in positions of authority, regardless of the age of consent, require schools to adopt child sex abuse prevention policies and expand training and improve screening of employees to identify past sexual misconduct.”

PAY WALL

— “‘Are you kidding?’ Mass. Gov. Healey slams Trump cuts to food for kids,” by John L. Micek, MassLive.

MASS GOP AMY CARNEVALE OFFERS NO SOLUTIONS, NOR DID SHE COMPREHEND THE ISSUE! JUST MORE BLABBER!
SEVERAL YEARS AGO, the Brockton Public Schools did a survey & determined that there were 20,000 students who were HOMELESS! That population has surely grown since then.

It's time for you to THINK, AMY, if that's possible!
You want to repeat MAGA GOP LIES & target 'immigrants' by repeating those LIES...it doesn't work!

SLASHING FOOD ALSO IMPACTS NON-PROFITS! SO YOU DON'T HAVE A PROBLEM WITH HUNGRY KIDS?

MUSKRAT'S BUDGET SLASHING ARE TO FUND THE $4.5 TRILLION TAX CUTS FOR THE WEALTHY ON THE BACKS OF THE POOR!

THE BLOVIATORS IGNORE THIS:

More than 75% of families now seeking shelter are “long-time Massachusetts” residents, according to the Healey administration.

excerpts:

LOGAN TRUPIANO IS A MASS GOP BLOVIATOR! ALWAYS WORTH READING FOR HIS FACT FREE NONSENSE!

On a cold night, looking for New Bedford’s unhoused

The annual overnight census provides a snapshot of New Bedford’s homeless population. The 24-hour continuous effort is one of more than 400 censuses that take place on the same night in towns and cities across America.

https://newbedfordlight.org/on-a-cold-night-looking-for-new-bedfords-unhoused/

Buffeted by six weeks of funding freezes and employee purges across the federal government, a visibly angry Gov. Maura Healey appeared to hit her tipping point on Monday.

During a joint news conference with legislative leaders, the Democratic governor lambasted GOP cuts to a school nutrition program, calling it “just another example of bad actions” by President Donald Trump and tech billionaire Elon Musk “that are going to hurt people here in our state.”

Officials at the state Department of Elementary and Secondary Education learned Friday that the U.S. Department of Agriculture was terminating a second round of grant funding for the Local Food for Schools program.

Agency officials had “determined this agreement no longer effectuates agency priorities and that termination of the award is appropriate.”

The $12.2 million headed for Massachusetts, known as the Northeast Food for Schools program “was to be used to provide local healthy food to child care programs and schools, and to create new procurement relationships with local farmers and small businesses,” Healey’s office said in a statement.

When she was asked whether the state had a plan to backfill that loss of federal support, Healey, flanked by Lt. Gov. Kim Driscoll, state Senate President Karen Spilka, D-Middlesex/Norfolk, and House Speaker Ronald J. Mariano, D-3rd Norfolk, didn’t mince words.

“Are you kidding?” she shot back.

“I think people have got to understand the scope of what we’re talking about here ... the scope is so vast when you’re talking about federal funding,” she said. “We’re talking about tens of billions of dollars,” she continued.

Healey’s $62 billion budget proposal for the new fiscal year that starts July 1 is premised on more than $16 billion in assistance from Washington.

That money funds a host of programs, including MassHealth, as Medicaid is known in the Bay State, as well as public education.

“And that’s not even accounting for the funding that doesn’t even come to us,” Healey continued. “There’s money that comes directly to not-for-profits, and to organizations and to school districts directly that is also subject to just being cut completely. So, the numbers are so huge that there is no way the state can begin to fill the void and pick up the tab.”

The state does have some limited avenues, including its Rainy Day Fund savings account, which is now flush with more than $8 billion in funding.

Right now, however, there is no legislative appetite to tap those funds.

The financial box in which the state finds itself reinforces the importance of court fights waged by state attorneys general —including Massachusetts Attorney General Andrea J. Campbell — who are trying to frustrate the White House’s efforts.

“This money has been appropriated. It’s Congress who makes the laws. It’s Congress who appropriates, and they’re just ... taking it away,” Healey continued. “And [the administration is] also ignoring federal orders. People need to know that right now, while the [attorneys general] are having success, the Trump administration is ignoring federal orders.”

But that’s not enough, Healey added. Lawmakers have to step up. And for that to happen, there has to be public pressure, she said.

“That’s why people really need to be speaking up, and speaking to Republicans in Congress in particular, to get them to take action and to get Congress to take action,” she said. “Because really, they’re the only ones who can step in right now and assert their power, assert their role, [and] take back their power, which they’ve allowed Elon Musk, an unelected, to take from them.”

Turning to Spilka and Mariano, Healey asked the lawmakers if they had anything to add.

“Ditto,” Spilka quipped.

In a statement, Massachusetts Republican Party Chairpeson Amy Carnevale chastised Healey for not finding the money to save the program, while still finding the cash to keep the state’s emergency shelter system afloat.

“She has the resources to spend over $1 billion a year to fund the migrant crisis — but can’t backfill $12 million to ensure our children have access to healthy, locally sourced meals?” Carnevale said.

The state’s emergency shelter system serves both permanent Massachusetts residents and migrant new arrivals.

Healey, a former two-term state attorney general who sued Trump nearly 100 times during his first term, underscored what she said was the breakdown of the longstanding partnerships between the state and federal governments.

“And I just want to be upfront with the people of Massachusetts, but at the end of the day, every state in this country has as its partner, or has had as its partner the federal government when it comes to funding,” she said.

Legal experts have pointed to what they have described as a deliberate effort by the White House to use the funding stick as a way to bring state governments to heel.

Those efforts are “not only legally dubious," they also are "unconstitutional," the American Civil Liberties Union asserted last month.

Pointing to the food cuts and firings at the U.S. Department of Veterans Affairs that will reverberate in Massachusetts, Healey again argued that “Congress needs to step up and act because all states are going to suffer.”

“All states are going to suffer, and people are going to get hurt, and it’s a shame. It’s a shame,” she said.

THE RACE FOR CITY HALL

CITY HALL CALLS — Boston Mayor Michelle Wu could soon see another high-profile challenger as she seeks a second term.

HYM Investment Group’s Tom O’Brien is considering jumping in Boston’s mayoral race, the Boston Globe’s Shirley Leung scooped Monday .

O’Brien, a prominent developer in the Boston who served as director of the city’s planning department (then the Boston Redevelopment Authority) under late Mayor Tom Menino would likely occupy a similar lane to Josh Kraft, the son of New England Patriots owner Robert Kraft, who launched his campaign in February with an eye toward wooing those in Boston’s real estate and development space and in communities of color.

O’Brien isn’t only other candidate thinking of joining the fray. Others are also planning to give it a go: Domingos DaRosa, who previously ran for City Council, filed paperwork with the state’s Office of Campaign and Political Finance on Monday, and told Playbook he's “definitely running” for mayor.

“The last few election cycles, Boston has made decisions to support candidates on promises made and a lot of those are still unfulfilled,” he said, citing the elected school committee that Boston voters backed in the form of a non-binding ballot measure in 2021.

And don’t forget Althea Garrison, a regular on the City Hall ballot, who is still mulling it over , per CommonWealth Beacon’s Gin Dumcius .

IN — “Northampton Mayor Gina-Louise Sciarra announces run for 2nd term, will face at least one challenger,” by Alexander MacDougall, Daily Hampshire Gazette.

OUT — “'Honor of my lifetime': Brockton Mayor Robert Sullivan won't seek re-election,” by Chris Helms, The Brockton Enterprise.

FROM THE HUB

— “Boston mayor’s Audit Committee appointee bails after watchdog says his PR firm was paid $24K by Wu campaign,” by Gayla Cawley, Boston Herald.

— “Following Michael Flaherty’s departure, questions and controversy engulf Boston Water and Sewer Commission,” by Danny McDonald and Niki Griswold, The Boston Globe: “The Boston Water and Sewer Commission fired prominent South Boston politician Michael Flaherty after the former city councilor had a falling-out with the agency’s executive director, Henry Vitale. The agency has also signed off on spending $850,000 for a law firm that undertook an internal investigation of the commission in recent months. Those revelations come amid allegations of cronyism and possible racism at the commission, where such claims have a history.”

— “New owner, affordability plan for Mattapan’s Fairlawn Estates,” by Seth Daniel, The Dorchester Reporter: “Fairlawn Estates, a large rental housing development in Mattapan, has been purchased by a Boston company that plans to keep all of its 347 units ‘affordable’ with the help of a $10 million grant from the city of Boston. The acquisition was announced during a press conference at the complex off of Cummins Highway on Monday morning. The new owner is Related Beal, who has agreed to buy out the ownership stake in the apartment village from DSF Group for $90 million, in addition to the city’s $10 million, according to Boston housing officials familiar with the deal, which closed last Friday. DSF would completely exit its ownership position in the property.”

— “Boston immigrants ask City Council to preserve, strengthen Trust Act,” by Tréa Lavery, MassLive: “Immigrants and immigration advocates asked the Boston City Council Monday to preserve the law that limits Boston police’s ability to cooperate with federal immigration authorities and also to strengthen the protection it provides. The 2014 Trust Act, which Mayor Michelle Wu defended during a Congressional hearing in Washington, D.C., last week, helps immigrants feel safe in the city, speakers said during a council hearing. But under the current presidential administration, which has made immigration enforcement and deportations a priority, that protection is especially important.”

YAHD SIGNS AND BUMPAH STICKAHS

TODAY’S SPECIALS — A special election to replace late state Rep. Carol Doherty will be held June 10, Secretary of State Bill Galvin’s office announced Monday. A primary will take place May 13. Candidates considering jumping in the race for the seat that covers much of Taunton and some of Easton can begin pulling papers today. More from the Taunton Daily Gazette.

RELATED — “Taunton school building could be named after State Rep. Carol Doherty,” by Emma Rindlisbacher, the Taunton Daily Gazette: “The old Summer Street School building will now be used as a professional development facility, and the School Committee will be considering whether to name the building after the late State Rep. Carol Doherty — who also served as a Taunton School Committee member for many years.”

HAHVAHD YAHD

— “Harvard pauses hiring amid ‘financial uncertainties’ under Trump,” by Mackenzie Wilkes, POLITICO: “Harvard University leaders announced a temporary hiring freeze Monday, citing ‘substantial financial uncertainties’ as colleges and universities face widespread scrutiny of their federal funds by the Trump administration. The temporary freeze ‘is meant to preserve our financial flexibility until we better understand how changes in federal policy will take shape and can assess the scale of their impact,’ wrote Harvard President Alan Garber, Provost John Manning, Executive Vice President Meredith Weenick and Vice President for Finance and CFO Ritu Kalra in a message to faculty and staff.”

THE LOCAL ANGLE

— “Everett City Council votes ‘no confidence’ in Mayor Carlo DeMaria over disputed $180k bonus payments,” by Rita Chandler and Tonya Alanez, The Boston Globe: “The Everett City Council on Monday unanimously voted ‘no confidence’ in Mayor Carlo DeMaria, whom the state inspector general found was overpaid $180,000 in longevity bonuses. The vote came less than a week after the council also voted for DeMaria to repay the bonus money wrongly paid to him over a five year period. … DeMaria did not attend the meeting, as he was out of town, his office said.”

— “Housing alliance: Fixing homelessness in Worcester not as simple as it may sound,” by Henry Schwan, Telegram & Gazette: “The formula to fix the homelessness problem in Worcester sounds simple, based on comments from an expert who closely tracks the issue. The challenge is putting the solution into action. ‘This is going to sound cliché, but we need more housing,’ said Leah Bradley, executive director of the Central Massachusetts Housing Alliance. The alliance’s latest report shows there’s not enough affordable housing supply including what Bradley called permanent supportive housing.”

— “Trump firings hit NOAA scientists, analysts on South Coast,” by Anastasia E. Lennon, The New Bedford Light: “Federal cuts ordered by the Trump administration reached Massachusetts in late February, when the NOAA Fisheries’ workforce from Maine to North Carolina was slashed. Hundreds more cuts may happen this week, when department heads must meet a deadline to submit proposals for “large-scale” reductions in force at their respective agencies to not only terminate people, but eliminate their positions altogether. …Their terminations have raised concerns about the future of the fishing industry, the science that underlies its management, and the people who rely on it for work and for food.”

MORE TRUMP/MUSK/DOGE SLASH & BURN!

excerpt:

During a conference hosted by U.S. Rep. Seth Magaziner (D-RI), Janet Coit, the assistant administrator at NOAA Fisheries who resigned in January, said at least 20 employees in NOAA Fisheries’ Rhode Island and Woods Hole offices were terminated.

She called the terminations of “some of the best and the brightest” indiscriminate and not strategic, saying the Trump administration used a loophole to fire long-term employees with institutional knowledge, who were technically probationary because they had received a promotion or assumed a new position.

Some probationary members who were terminated had worked for the agency for many years as contract workers, and had only recently been onboarded as federal employees.

Terminations included the head of NOAA’s marine carbon dioxide removal office and the director of NOAA’s ocean acidification program, both of which research issues critical to the fishing industry and its future viability.

The Trump administration’s cuts also have extended to advisory committees, including one established in 1971: the Marine Fisheries Advisory Committee. It was staffed by representatives from universities, the commercial fishing industry, environmental nonprofits and seafood companies.

— “Court could uphold nip ban and finally stop the tiny bottles sale in New Bedford,” by Frank Mulligan, The Standard-Times.

NEW BEDFORD — A ban on nip sales in New Bedford that was approved in July 2023 has yet to be enforced.

The Licensing Board unanimously approved the ban on the tiny liquor bottles of 100 milliliters or less after a public hearing on July 24, 2023.

Nip critics say the bottles often end up dotting the landscape and encourage drinking and driving.

The board set Nov. 1, 2023, as the ban start date, but that date was pushed back.

Ban date pushed back twice more

The board voted in October 2023 to extend the deadline until Aug. 1, 2024, to give liquor store owners more time to sell off their nips in stock.

But that date got pushed back as well when liquor store owners filed a lawsuit to overturn the board’s decision.

The lawsuit argues in part that the three-member board was illegally constituted when the ban vote was taken. It contends that city ordinances require the three-member board to include a Democrat and a Republican.

But two of the three members were unenrolled when the vote was taken, according to the lawsuit. It’s also argued that opponents were not given adequate time to address the board at the July 2023 hearing.

Liquor store owners say they will lose income

Liquor store owners also say they will lose gross sales of 20% to 50%, ranging from $300,000 to $500,000 in annual sales, if the ban is enforced.

A Bristol County Superior Court judge issued a temporary injunction stopping the Licensing Board from enforcing the ban on nip sales in June 2024 that was to last until the lawsuit was decided.

That day may soon be coming.

A hearing was held last Tuesday on a Licensing Board motion to dismiss the lawsuit, arguing the board was adequately constituted to enact the regulation and that the lawsuit’s arguments were without legal basis.

Motion to dismiss taken under advisement

The hearing was held before Judge William M. White Jr., and he took the matter under advisement.

He could rule to dismiss the lawsuit or for the case to go forward. As of Friday, a ruling had not yet been issued.

WHAT ELSE YOU SHOULD BE READING

— “‘The lockdowns were never really effective’: New research shows COVID stay-at-home orders did more harm than good,” by Chris Serres, The Boston Globe.

— “Colleges quietly review DEI majors and courses, leaving students in limbo,” by Kirk Carapezza, GBH News.

— “Massachusetts law gave a Miss Hall’s teacher a pass for alleged sexual abuse. Now there a push to fix the 'broken system',” by Heather Bellow, The Berkshire Eagle.

HEARD ‘ROUND THE BUBBLAH

HAPPY BIRTHDAY — to Anthony Amore and Daniel Kochavi. Happy belated to Tony Cignoli, who celebrated on Sunday.

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