Massachusetts
Peter Lucas: Massachusetts Legislature auditing plan takes on phase 2
Attorney General Andrea Campbell may have boxed herself in over the squabble of auditing the Massachusetts Legislature.
Campbell ruled last week that State Auditor Diana DiZoglio does not have the authority to audit either branch of the Legislature, a proposal that DiZoglio campaigned on and made a key initiative of her office since she was elected in 2022.
DiZoglio served in both the House and Senate before she ran and was elected auditor.
Campbell, in her decision, also declined to represent fellow progressive DiZoglio in her effort to sue the Legislature over its “closed door operation” and get it to open its books.
Herald file photo
Diana DiZoglio (Herald file photo)
In a letter to DiZoglio, Campbell said the auditor’s office was created by the Legislature and vested with the authority to audit the state’s various state agencies and departments, but, she wrote, “that authority does not include the power to audit the Legislature itself over the Legislature’s objection.”
And the Legislature has objected.
While Campbell’s decision was welcomed by the entrenched establishment on Beacon Hill, especially by House Speaker Ron Mariano and Senate President Karen Spilka, it is by far not the last word on the controversial subject.
For sure, Campbell’s decision was a blow to DiZoglio, who has upset Beacon Hill with her campaign to, in effect, oversee the sometimes murky practices of the Legislature.
But DiZoglio, in a related action, is seeking to place the issue on the 2024 ballot for voter ratification. She and her supporters, which include Republicans as well as Democrats, are seeking to gather the necessary 75,000 signatures by November 22.
DiZoglio said she and her volunteers have already gathered some 50,000 signatures and was confident of gathering more than the necessary amount.
In one of the several ironies surrounding the issue is that Campbell, despite pressure from the leaders of the Legislature, earlier certified and approved the wording of DiZoglio’s initiative petition she now says is unconstitutional.
If DiZoglio’s initiative petition question allowing her to audit the Legislature was constitutional when she approved it on Sept. 6, why did Campbell decide that it was unconstitutional a month later?
The indications are that Campbell succumbed to mounting pressure from the State House establishment to join the effort to squash DiZoglio and the issue.
Campbell, a former Boston city Councilor and unsuccessful candidate for mayor of Boston, is new to the workings of the State House and undoubtedly is reluctant to ruffle the feathers of the establishment Democrats who run the place.
Speaker Mariano and Senate President Spilka, who hardly agree on anything, issued a joint statement expressing their appreciation and gratitude to Campbell for her decision.
Their long-held position is that the Legislature, a separate branch of government, makes its own rules and audits itself. And they have a case.
Because if approved, the auditor would have the power to oversee all the “programs, activities and functions” of the Legislature. This, in effect, would make the once-independent Legislature subservient to a member of the executive branch of government.
DiZoglio, despite Campbell’s ruling, is determined to forge ahead with her signature drive to get the question on the ballot in 2024 for the voters to decide. Given the public’s general negative attitude toward the Legislature, if the question gets on the ballot it will most likely be approved.
It will be a presidential election year with a large voter turnout. The yes or no on DiZoglio’s one paragraph initiative petition reads:
A LAW EXPRESSLY AUTHORIZING THE AUDITOR TO AUDIT THE LEGISLATURE.
Who’s going to vote against that?
So, if the voters approve the referendum, it becomes law over Campbell’s objections.
Then Campbell will either accept it as law or go against the will of the people by seeking to overthrow it in court. Good luck with that.
Peter Lucas is a veteran Massachusetts political reporter and columnist.
Massachusetts’ top court has paved the way for voters to decide the classification of gig drivers for app-based companies such as Uber Technologies and Lyft. On Thursday, the Massachusetts Supreme Judicial Court rejected a labor-supported challenge to a proposal backed by an industry coalition to classify these drivers as independent contractors. This classification would grant drivers certain new benefits without recognizing them as legal employees.
According to Reuters, the court will allow a competing ballot measure that aims to permit these drivers to unionize to proceed. The decision arrives just before closing arguments on Friday in an ongoing lawsuit brought by the state’s Democratic attorney general. The lawsuit accuses Uber and Lyft of misclassifying their drivers as contractors rather than employees for several years.
If the industry loses both in court and at the ballot box, Uber and Lyft could face significant changes to their business models. Lawyers representing Uber and Lyft have warned that such changes could force the companies to reduce or even cease operations in Massachusetts. To support the ballot proposal that would solidify drivers’ status as contractors under state law, Uber, Lyft, and app-based delivery services like Instacart and DoorDash have invested millions of dollars.
Read more: Uber Raises Minimum Wage for Drivers in France Amid Gig Economy Regulation
Studies indicate that using contractors can reduce costs for companies by as much as 30% compared to hiring employees. The ballot measure committee Flexibility and Benefits for Massachusetts Drivers, which includes contributions from the four ride-share companies, is also proposing to set an earnings floor for app-based drivers. Additionally, the proposal includes provisions for healthcare stipends, occupational accident insurance, and paid sick leave.
Meanwhile, a separate proposed ballot measure, backed by the Service Employees International Union’s Local 32BJ, seeks voter approval to allow Uber and Lyft drivers to unionize. This dueling measure highlights the ongoing debate over worker rights and classification in the gig economy.
Source: Reuters
Massachusetts
Celebrate red, white and blue: Fourth of July fesitvities across Western Massachusetts
It’s all about the “red, white and blue” on the Fourth of July, celebrating when the Second Continental Congress in 1776 voted on July 2 for independence from Great Britain. It wasn’t until July 4 that delegates from the 13 original colonies adopted the Declaration of Independence.
For the past 248 years, Americans have celebrated the birth of its young country on July 4 with parades, picnics and more, not forgetting the illuminating display of fireworks that started the tradition. It is reported that the practice of setting off fireworks began in Philadelphia on July 4,1777, during the first organized celebration of Independence Day.
ETOWAH COUNTY, Ala. (WIAT) — A 1-year-old child from Massachusetts was found in the custody of his mother in north Alabama following an alleged abduction case.
According to the Alabama Law Enforcement Agency (ALEA), a law enforcement bulletin was issued on Friday by the Fall River Police Department concerning an endangered missing infant.
FRPD stated Genezza Packett, 22, visited her son, who lives in the custody of her aunt, on Thursday. Packett said she was taking her child to a nearby Dunkin’ Donuts but never returned.
Upon further investigation, Packett and the child were believed to be traveling south by car towards Mississippi. Relevant information was relayed to troopers with ALEA’s Highway Patrol Division.
At around 10:15 a.m. Wednesday, ALEA troopers located the vehicle on Interstate 59 in Etowah County near Attalla. A traffic stop was conducted a traffic stop and the child was recovered safely. Packett faces pending criminal charges by FRPD in Massachusetts.
“I commend the exceptional collaboration and communication of the Intelligence Analysts within our Fusion Center and our Troopers, along with our counterparts in other states, for their instrumental actions in the safe recovery of a missing 1-year-old child,” ALEA Secretary Hal Taylor stated in a press release. “Their dedication to duty and quick thinking resulted in the child’s safe recovery which exemplifies the true spirit of law enforcement and demonstrates the necessity of sharing intelligence with both local and state law enforcement partners.”
No further information is available as the investigation is ongoing.
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