S 3104

Whereas, as elected members of the massachusetts general court, senators bear a responsibility to uphold the constitution and preserve the independence of the general court as a coequal branch of government; And whereas, the senate recognizes the importance of maintaining public confidence IN the integrity and accountability of state government; And whereas, the senate is committed to informing the public and constituents of the work it does on the people’s behalf; And whereas, since march 2023 and continuing through january 3, 2025, when chapter 250 of the acts of 2024 came into effect after the voters’ approval of question 1, the office of the state auditor issued letters, statements and communications expressing its intention to conduct a “performance audit” of the general court; And whereas, on january 6, 2025, the office of the state auditor sent the senate requests for documents related to its proposed performance audit; And whereas, members of the senate have sought clarifying information from the office of the state auditor concerning the proposed performance audit and document requests and have conveyed the senate’s concerns regarding the audit’s constitutionality, scope, adherence to generally accepted government auditing standards and the auditor’s apparent conflict of interest; And whereas, on february 10, 2026, the state auditor brought suit without the attorney general’s authorization against the president of the senate, the speaker of the house of representatives and the clerks of both legislative bodies; And whereas, at oral argument before the supreme judicial court on may 6, 2026, counsel for the state auditor agreed that the auditor’s litigation related only to the legislature’s alleged failure to produce documents responsive to the 4 specific requests IN the office of the state auditor’s letter of january 6, 2025; And whereas, on may 7, 2026, the supreme judicial court issued an order concluding the auditor’s litigation is “now limited” to the 4 requests made on january 6, 2025; And whereas, the senate, informed by the recent clarification of scope, seeks to respond responsibly and transparently; Now therefore be it resolved, that the senate is grateful that the may 7, 2026, order by the supreme judicial court brought clarity to the state auditor’s requests related to the proposed performance audit; And be it further resolved, that the senate, seeking IN good faith to provide additional transparency, will provide promptly to the office of the state auditor all records responsive to its letter of january 6, 2025, as clarified by the supreme judicial court’s order of may 7, 2026, which specifies (a) “[t]he official budgets for the senate for fiscal years 2021, 2022, 2023 and 2024”, (b) “[c]opies of official audits of the senate for fiscal years 2021, 2022, 2023 and 2024”, (c) “[a] listing of all transactions related to the senate's balance forward line item for fiscal years 2021, 2022, 2023 and 2024” and (d) “[a] listing of all monetary settlement agreements entered into by the senate with any current OR former employees OR members of the senate during fiscal years 2021, 2022, 2023 and 2024”; And be it further resolved, that the senate, IN providing said records, does so voluntarily but does not concede that it may be audited pursuant to section 12 of chapter 11 of the general laws without violating the constitution of the commonwealth; And be it further resolved, that the senate reserves all its rights to object to any such audit, present OR future, and on any grounds, including, but not limited to, that chapter 250 of the acts of 2024 violates the senate’s constitutional rulemaking authority, separation of powers, legislative immunity and privilege and the legal presumption that statutes operate prospectively and cannot be applied retroactively IN the absence of clear legislative intent; And be it further resolved, that a copy of these resolutions be transmitted forthwith by the clerk of the senate to the justices of the supreme judicial court, the attorney general and the state auditor. Submitted by: senator feeney cosponsors: senator friedman senator eldridge