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Mass. Auditor Moves to Sue Massport Over Access to Personnel Records

The move follows an audit finding widespread use of confidentiality clauses across 21 agencies.

Overview

  • State Auditor Diana DiZoglio said she will file suit to compel Massport to turn over personnel records she says were improperly withheld, and she notified Attorney General Andrea Campbell while seeking outside counsel due to a claimed conflict.
  • Massport said it was fully cooperative, has not been served with a complaint, and notified affected employees as required by the Fair Information Practices Act, while the attorney general’s office said it granted the auditor access to every requested file after providing notice.
  • The audit covering 2019 through 2024 identified at least 263 employee settlements containing nondisclosure or confidentiality language, totaling about $6.8 million.
  • The report spotlighted a 2022 Massport settlement of $1.375 million that used confidentiality and non-disparagement terms to conceal allegations including gender- and disability-based discrimination and unequal pay, though Massport disputes describing the payout as taxpayer-funded.
  • Auditors found most agencies lacked written rules governing settlements or NDAs and cited institutions that failed to provide agreements or report them to the Comptroller, as the governor last year issued a policy formally barring NDAs in executive agencies.