Overview
The Cape and Islands District Attorney’s Office (CIDAO) was established under Sections 12 and 13 of Chapter 12 of the Massachusetts General Laws, which provide for the administration of criminal law and the defense of civil actions brought against the Commonwealth in accordance with Chapter 258 of the General Laws.
CIDAO is one of 11 district attorneys’ offices in the Commonwealth and represents the Commonwealth in criminal cases in three superior courts, five district courts, five juvenile courts, the Massachusetts Appeals Court, and the Massachusetts Supreme Judicial Court. It operates five offices in Barnstable, Falmouth, Orleans, Edgartown, and Nantucket and serves 23 towns across Barnstable, Dukes, and Nantucket Counties. According to US Census Bureau estimates as of July 1, 2024, the combined population of these three counties is 268,301 full-time residents. The total population is estimated to increase to over 500,000 people during the summer vacation season, from May through September.
The current District Attorney was sworn into office on January 4, 2023, as the first new administration in 20 years and only the third administration since CIDAO was established in 1971.
According to its 2024 internal control plan, CIDAO’s mission statement is as follows: “The Cape and Islands District Attorney’s office, in partnership with the communities we serve, is dedicated to the pursuit of truth and justice, protection of the innocent, and ensuring the safety of the public.”
During fiscal years 2023 and 2024, CIDAO received state appropriations of $5,838,807 and $6,647,739, respectively. CIDAO had 67 employees as of June 30, 2024.
Statewide Sexual Assault Evidence Collection Kit Tracking System
Section 18X of Chapter 6A of the General Laws requires the Executive Office of Public Safety and Security (EOPSS) to establish and maintain a statewide sexual assault evidence collection kit (SAECK) tracking system. EOPSS implemented the web-based Track-Kit system to allow all users to trace a SAECK’s location from distribution to collection to processing to storage. Track-Kit system users include medical facilities that perform the examinations, law enforcement agencies that transport the kits and conduct investigations, and crime laboratories that perform testing and reporting on the kits. In addition, survivors of sexual assault can access the system to track the location and test status of their kits through a special Track-Kit system web portal. The EOPSS Policy Center administers the Track-Kit system and monitors user activities and statutory compliance.
Section 18X(g) of Chapter 6A of the General Laws states, “District attorney offices shall participate in the statewide sexual assault evidence kit tracking system established in this section for the purpose of tracking the status of all sexual assault evidence kits.”
According to EOPSS’s website,
Each department [including district attorneys’ offices] is responsible for determining which personnel shall have access to the department portal and ensure those with access are properly trained in the operation of the tracking system. Each department should have a specific policy in place to address when an authorized user shall no longer access the tracking system and identify when revocation of privileges should occur.
The Track-Kit system provides district attorneys’ offices, including CIDAO, with the ability to do the following:
- review SAECK information related to cases referred to their offices by law enforcement authorities;
- assign prosecutor’s or victim witness advocate’s direct contact information to a SAECK; and
- search for SAECKs that were collected in its jurisdiction and assigned to the offices.
During the audit period, 129 SAECKs were collected in CIDAO’s jurisdiction and entered into the Track-Kit system.
Further, EOPSS’s website provides the following guidance:
Users who are terminated, resigned their employment, or are placed on suspension should have their privileges revoked immediately. Likewise, the policy should also address new user access privileges and training. It is each department’s responsibility to ensure only authorized users have access to the tracking system and are properly trained in the operation of the tracking system.
Cybersecurity Awareness Training
The Executive Office of Technology Services and Security (EOTSS) has established policies and procedures that apply to all Commonwealth departments and agencies within the executive branch. EOTSS recommends, but does not require, non-executive branch agencies to follow these policies and procedures. Section 6.2 of EOTSS’s Information Security Risk Management Standard IS.010 stated:
The objective of the Commonwealth information security training is to educate users on their responsibility to help protect the confidentiality, availability, and integrity of the Commonwealth’s information assets. Commonwealth Agencies and Offices must ensure that all personnel are trained on all relevant rules and regulations for cybersecurity.
All employees in executive branch agencies with access to a Commonwealth-provided email address are required to complete a cybersecurity awareness training course every year. All new employees must complete an initial cybersecurity awareness training course within 30 days of their orientation.
CIDAO used the KnowBe4 training platform during the entire audit period (fiscal years 2023 and 2024) to administer cybersecurity awareness training.
Settlements and Judgments
The Office of the Comptroller of the Commonwealth (CTR) has established policies and procedures for Commonwealth agencies processing settlements and judgments.
CTR’s Settlements and Judgments Policy states,
A settlement or judgment results from a formal claim (grievance, complaint or law suit) against the Commonwealth that results in either a Settlement Agreement, or a court or administrative award, order or Judgment. . . .
A “claim” is considered any demand by any person for damages to compensate a wrong allegedly suffered, including but not limited to violation of civil rights, breach of contract, failure to comply with contract bidding laws, incorrect or improper personnel determinations regarding pay, promotion or discipline, failure to comply with statutory or constitutional provisions applicable to employment, an eminent domain taking, and attorney’s fees, interest and litigation costs associated with these claims.
For the purposes of our audit, we focused on settlement agreements resulting from claims brought by current or former employees against CIDAO for the period of July 1, 2019 through June 30, 2024.
Section 5.00 of Title 815 of the Code of Massachusetts Regulations outlines the procedures by which agencies may preserve the availability of funds and may obtain access to funds for the payment of judgments and settlements.
The regulation requires agencies to prepare and submit a report to CTR’s general counsel before making the payment to ensure proper tax reporting. When reporting employee settlements to CTR, state agencies use a Non-Tort Settlement/Judgment Payment Authorization Form (referred to in this report as an SJ Authorization Form) to document whether the claim will be paid by the agency or through the Settlement and Judgment Reserve Fund. The SJ Authorization Form also identifies the type of claim, agency information, employee’s information, the type and amount of damages detailed in the settlement, the amount of any attorney fees awarded, and the amount of any interest awarded or accrued. Additionally, agencies must include a copy of the employee settlement agreement signed by authorized representatives of both parties when they submit the SJ Authorization Form to CTR.
| Date published: | November 25, 2025 |
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