Rep Slams Stone-Walling of Transparency Measure

State Representative Michael Soter (R-Bellingham), who represents Medway's Precinct 1, said he is standing in solidarity with Massachusetts voters who overwhelmingly endorsed the 2024 legislative audit ballot question, rejecting a proposal by Democrat leadership,  that would gut the initiative and block future legal challenges if the Legislature fails to comply with requests to turn over documents.

Representative Soter opposed House Bill 5469, An Act promoting transparency and public access in state government, condemning the proposal for attempting to circumvent the will of the voters under the guise of providing more transparency. Instead, he said, the bill – which was released from House Ways and Means without any public hearings or input – gives the Legislature complete control over the audit process and provides no option for pursuing legal action to hold the Legislature accountable and force compliance with the ballot question, which was endorsed by 72% of the state’s voters.

House Bill 5469 codifies in statute the parameters of a legislative audit process, but Representative Soter criticized the proposal for sharply limiting what documents can be requested. These include the budgets adopted for the House and Senate and joint legislative operations; the commissioning and receipt of any official audit of either legislative branch or of joint legislative operations; the expenditure of legislative operating funds; and any monetary agreement entered into between either branch and a member, officer or employee. The audit is also limited to documents dating back to fiscal year 2021.

Representative Soter said the pared down audit process outlined in House Bill 5469 represents a significant and unacceptable retreat from the more comprehensive legislative audit that was overwhelmingly approved by the state’s voters just two years ago but has yet to be implemented due to continued legislative resistance. Even more problematic than these restrictions is the bill’s language explicitly preventing the pursuit of a legal remedy through the courts, Representative Soter noted. House Bill 5469 explicitly states that “No court shall have jurisdiction to compel the production of records, to enforce any interview request or to adjudicate any dispute arising under an audit conducted pursuant to this section.”

Despite Representative Soter’s opposition, House Bill 5469 was engrossed by the House of Representatives on a vote of 125-28 on June 3, but still requires the Senate’s and governor’s approval to become law, which is not guaranteed.

Over the last two years, the House and Senate have continued to resist all efforts to implement the legislative audit, despite overwhelming public support. Representative Soter said the latest proposal is just another blatant attempt by Democrat leadership to deny the will of the voters and to work around the law while making it seem like the Legislature is being cooperative.

Representative Soter dismissed the latest audit proposal for establishing a sham process that would allow the Legislature to call all the shots and continue to insulate itself from scrutiny without fear of any legal repercussions.

Ronald Mariano

While House Speaker Ronald Mariano said he “hope(s) this legislation will put an end to protracted litigation,” Representative Soter said the only reason that would happen is the bill’s prohibition of any potential legal avenue for adjudication of disputes. The best way to avoid continued litigation, he said, would be for the Legislature to finally end its foot-dragging, respect the will of the voters, and immediately implement the 2024 audit law.