Auditor Diana Dizoglio in a deplorable new report called an executive branch, the processing of the employment and chaotic employment settlements, saying that agencies are failing to act with explicit policies for these agreements under Patrick and Baker’s administrations.
Executive agencies also did not have policies to deal with confidentiality clauses, more specifically the non -disclosure agreements that the audit warned that it could enable employers to “conceal harassment, discrimination, or other illegal behavior.” This in turn would be “inappropriate use of taxpayer dollars”, according to the 164 -page report, published on Tuesday, which extends on January 1, 2010 until December 31, 2022, just before the governor Maura Heli to take office S
Dizoglio, in the introductory letter of the report to Governor Maura Heli, wrote that “the system created with respect to the settlements of government employees is disadvantaged – at the best case.”
“There is a little more than a casual approach to the implementation of settlements, including those containing confidentiality clauses, with an informal, verbal policy that is said to have been promulgated around 2018 in terms of non -disclosure,” says Dizoglio, a longtime critic of ndas.
The auditor added: “We hope that this administration acknowledges the need for an intense major overhaul of the violated system, which currently exists under its competence. These problems have long been considered. “
Jesse Budu, Heli’s Deputy Chief Counsel, said the governor’s cabinet agreed with Dizoglio’s purpose to ensure that the settlement process was “consistent, transparent and fair”. The administration does not agree with some of the specific findings of the report, Boodoo wrote to William Kapita, director of the state audits, in a letter of December 27, shared with the news service.
Boodoo pointed out existing settlement agreements and records and emphasize the practice of the executive blocking the use of NDA. Boodoo claims that Dizoglio’s report seems to be linked to non -disclosure agreements that are prohibited by policy by several other contract provisions that serve legal purposes in appropriate circumstances. Download the PDFhealey Audit Audit Audit Audit Audit Audit of the audit of the audit of the audit of the audit of the audit of the audit of the audit of the audit of the audit of the audit of the audit of the audit of the audit audit of the audit of the audit of the audit of the audit of the audit of the audit of the audit of the audit of the audit of the audit of the audit of the audit of the audit of the audit of the audit audit audit of audit audit audit audit audits
“[W]I believe that less than 60 settlements during the audit period include a language showing that settlement or settlement conditions should be maintained, including only twelve settlements with documented confidentiality language between 2018 and 2022, writes Boodoo, who noted Distribution of the “stove” language for confidentiality.
Heli, whose administration was not subject to Dizoglio’s survey, predicted the auditor’s report on Monday when her office launched a three -page settlement policy on the executive, which codes existing practices. The document largely corresponds to anxious findings and recommendations outlined in the Dizoglio report.
In the formalized policy of the governor, a provision explicitly prohibits the use of NDA in settlements, a practice that the administration said that the executive is usually followed by 2018 and continues under Heli’s term. NDAS “Erode Public Trust” and “are largely contrary to the requirements for the transparency of the Public Records Act,” politics said.
Executive branch agencies should also improve their practices for keeping records and tracking agreements on policy settlement, as well as publishing their own public settlement policies.
Helly’s policy does not meet all Dizoglio proposals.
The audit advises Heli to issue an enforcement order forbidding state agencies from compliance with settlement agreements with non -disclosure, disagreement or confidentiality provisions. The report contains a copy of the order that Dizoglio prepared in August, when the auditor thought it would serve briefly as a manager.
Dizoglio has also called for the adoption of the legislation that she has submitted to this session-and applied to the report-that she believes will prevent the abuse of NDA taxpayers funded by the state agencies.
“Our office recognizes the value that the settlement agreements bring to resolve disputes,” Dizoglio wrote. “However, when there is a chaotic poor management of the settlement agreements funded by taxpayers, as it was evident in the previous administration, problems may arise, the dollars of taxpayers can be abused, the perpetrators can be protected, the employees can be forced into Shadows and waste and abuse can be implemented violently. “
The Dizoglio Office examined 75 state agencies that entered 2029 settlements for employees worth nearly $ 41 million during the audit period. The Executive Service for Health and Human Services had the largest agreement of 624, followed by the Executive Director of Public Safety and Security of 579 and Massdot at 527.
Collectively, state agencies told the auditor that only 146 settlements contain a privacy language. The Dizoglio service opened 13 additional settlements with confidentiality clauses, and the report says the number can be far more.
The audit blasts the agencies for their “failure to retain appropriate documentation”, which the Dizoglio service said it prevented its ability to check the claims. Departments also claim that they cannot determine whether 525 other settlement agreements have confidentiality clauses.
The agencies did not submit all requested agreements and they also did not share nearly 80% of the main complaints of employees on employee agreement involvement, “the report said. The Dizoglio service recommended that Healey implement settlement policies, provide “centralized management and supervision” to these policies, and to establish a public reporting process to “ensure sufficient transparency and accountability”. Dizoglio has called for Heli to develop policies around NDA that “should not protect an employee with pernicious behavior (eg harassment or abuse) at work.”
Other recommendations included in ensuring that state agencies comply with the Public Records Act and share the requested information with “external auditors on their request”.
Boodoo challenges Dizoglio’s claim that the settlements are probably “illegally denied” by her office. Boodoo said the executive branch is working “joint and joint” with Dizoglio’s office and provides explanations when they cannot find a “small number of agreements”.
“The audit period precedes the beginning of the Healey-Driscoll administration and the audit’s findings reflect improvements in policies and practices generated by intercession and leadership in this area in time,” Boodoo writes.