AMHERST — A former associate provost at the University of Massachusetts, who participated in the hiring of her brother for both temporary and permanent positions in her department, is paying a $10,000 civil penalty for violating the state’s conflict of interest law.
The State Ethics Commission on Wednesday announced that Heather Sharpes-Smith, previously associate provost for Instructional Design and Technology, agreed to a disposition agreement in which she admitted the violation, waived her right to a public hearing and paid the penalty.
“A public employee’s unlawful participation in the hiring and compensation of their family member erodes public confidence in the fairness of public employee hiring and pay,” said State Ethics Commission Executive Director David A. Wilson, who signed the disposition this week. “When a public employee fails to follow the proper process before participating and doesn’t disclose relevant facts to their appointing authority, and their appointing authority doesn’t make the determination allowing their participation, the employee violates the conflict of interest law.”
The disposition follows a preliminary inquiry by the commission that began in June 2024 in which investgators looked into matters starting in May 2023 when Sharpes-Smith, overseeing the Instructional Design, Engagement and Support Department, sent an email to the university’s Human Resources Department and her appointing authority, the senior vice provost for Academic Affairs, and others asking if an unnamed “guy” could be hired to a temporary learning management system position until a previously approved permanent learning management position was available to post. That unnamed “guy” was her brother.
After being informed she could make the temporary hire, Sharpes-Smith told Human Resources, but not her appointing authority or the State Ethics Commission, that she had her brother in mind for the position, and was informed by Human Resources that he could be hired, but that she could not supervise him. Sharpes-Smith then approved and signed the offer letter to him, and verified his identity for a background check. After he was hired for the six-month, $30-per-hour unbenefited position, she approved his timesheets and authorized his compensation.
Then, in August 2023, Sharpes-Smith received authorization to post and fill the permanent learning management system support position, which would have duties identical to her brother’s temporary position. At that time, she designated a subordinate to lead a hiring committee but participated in reviewing resumes from about 100 candidates, eliminating those who did not meet the minimum qualifications.
After interviewing candidates, the hiring committee recommended Sharpes-Smith’s brother for the permanent position, based, in part, on his experience in the temporary position. Sharpes-Smith forwarded the hiring committee’s recommendation to the executive director of Financial Planning and Operations and then designated the leader of the hiring committee to hire her brother on her behalf. His tenure in the $68,000-a-year position began in November 2023.
The conflict of interest law prohibits state employees from participating in matters in which they or members of their immediate family have a financial interest. An exemption allows an appointed state employee to participate in such a matter provided that they first make a written disclosure of the matter and the financial interest to their appointing authority, their appointing authority makes a written determination that the financial interest is not so substantial as to be likely to affect the integrity of their services to the commonwealth, and the disclosure and determination are filed with the State Ethics Commission. Both the disclosure and the determination are public.
Sharpes-Smith, who previously lived in Greenfield and is now executive director of University of Rhode Island online, violated the conflict of interest law’s prohibition against public employees participating in matters in which their immediate family has a financial interest by participating as associate provost in the process to hire her brother to the temporary and permanent positions, and by approving his timesheets and authorizing his compensation. Sharpes-Smith did not make any disclosure to or receive a determination from her appointing authority exempting her from this legal prohibition before participating as associate provost in her brother’s hiring and other matters in which he had a financial interest.
Efforts to reach Sharpes-Smith via email were not immediately successful.
A UMass spokesperson confirmed Sharpes-Smith’s last day in employment was July 26, 2024, but otherwise couldn’t comment on personnel decisions.
The state commission encourages public employees to contact its legal division at 617-371-9500 for free advice if they have any questions regarding how the conflict of interest law may apply to them.