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Other Matters: Non-discrimination, Diversity and Equal Opportunity Advisory Council

Audit notes the council has not met and new members have not been appointed.

Table of Contents

Overview

Section 9 of Executive Order (EO) 452 establishes an advisory council with the following responsibilities:

The Advisory Council shall provide written recommendations to the Governor no less than semi-annually. Such recommendations shall include, but not be limited to, specific actions that the Commonwealth should implement to ensure that the objectives of this Executive Order are accomplished and that diversity and equal opportunity are considered in the management of the Commonwealth.

The requirements of the Advisory Council were modified under EO 526:

13.2      The Advisory Council’s work shall include, but need not be limited to, making written recommendations to the Governor concerning actions, policies, and practices that the Commonwealth should implement to ensure that the objectives of this Executive Order are accomplished.

13.3      The Advisory Council shall meet at such times and places as determined by the Chair and shall submit an initial report containing its written recommendations to the Governor no later than 60 days following the appointment of the Council’s 15 members. Thereafter, the Advisory Council shall meet at least semi-annually and submit supplemental reports to the Governor no less than once per year.

Although it was not part of our audit objectives, while obtaining an understanding of the entity and operating environment, we found that the Governor’s Non-discrimination, Diversity and Equal Opportunity Advisory Council did not meet during our audit period. According to Human Resources Division (HRD) management, all council members resigned their positions at the end of Governor Patrick’s last term and no new council members have been appointed. HRD officials told us that in lieu of appointing a Governor’s Non-discrimination, Diversity and Equal Opportunity Advisory Council for recommendations on diversity, Governor Baker issued EO 559, elevating the Office of Access and Opportunity to the Governor’s Office; it had been under the authority of the Secretary of Administration and Finance in the previous administration. In addition, in February 2018, the Governor established two additional advisory councils: the Black Advisory Council and the Latino Advisory Council.

Auditee's Response

HRD/ODEO believes the section entitled “Other Matters: Non-Discrimination, Diversity and Equal Opportunity Advisory Council” exceeds the scope of the audit objectives and therefore should not be included in the final Audit report. As stated to the Auditors, HRD reiterates that the current compilation of Councils established by Governor Baker meet the goals of the Equal Opportunity Advisory Council.

Auditor’s Reply

The Governor’s Non-discrimination, Diversity and Equal Opportunity Advisory Council was established to ensure that the objectives of EO 526 were accomplished. Although it was not part of our audit objectives, during our audit we identified this issue with the council’s activities and determined that it was necessary to disclose to the public both the status of the council and the measures the administration has taken to address this matter.

Date published: February 14, 2019

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