Overview
During the period July 1, 2018 through June 30, 2020, four active CHD employees were also HRC members. This presents a financial and administrative conflict of interest, which could influence decisions made by CHD’s HRC in its committee meetings.
Authoritative Guidance
Section 3.09(1)(c) of Title 115 of the Code of Massachusetts Regulations (CMR) states,
Each human rights committee shall be composed of a minimum of five members . . . no member may have a direct or indirect financial interest or administrative interest in [CHD].
Section D(2) of Article V of DMH’s Human Rights Handbook states, “No member shall have any direct or indirect financial or administrative interest in [CHD] or in DMH.”
Reasons for Issue
CHD officials told us that the four CHD employees who served on the HRC worked in DDS-funded programs but were advocates for DMH-served persons. Therefore, they believed that the employees would have no financial or administrative interest in DMH. CHD officials also told us that they believed there was ambiguity in the state regulations regarding membership requirements.
Recommendations
- CHD should establish written procedures that clearly define HRC membership requirements and implement internal controls to ensure that HRC membership composition complies with DDS and DMH requirements.
- CHD should ask DDS or DMH officials for clarity regarding any regulation it finds ambiguous.
Auditee’s Response
The Human Rights Committee has accepted the recommendations of the State Auditor. At the meeting of June 17, 2021, the committee agreed that staff would no longer serve as members of the committee.
Auditor’s Reply
We agree with the HRC’s decision to no longer allow CHD staff members to serve as members of the committee. We reiterate our recommendation that CHD establish written procedures that clearly define HRC membership requirements and implement internal controls to ensure that HRC membership composition complies with DDS and DMH requirements.
| Date published: | December 23, 2021 |
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