Former UMass Associate Provost Heather Sharpes-Smith pays $10,000 Civil Penalty for Violating Conflict of Interest Law

Source: Massachusetts State Ethics Commission

Heather Sharpes-Smith, a former Associate Provost for Instructional Design and Technology at the University of Massachusetts Amherst, has paid a $10,000 civil penalty for violating the conflict of interest law for state employees by participating in her brother’s hiring to positions in her department. The State Ethics Commission has approved a Disposition Agreement in which Sharpes-Smith admits to the violation and waives her right to a public hearing.

While at UMass, Sharpes-Smith oversaw the Instructional Design, Engagement and Support Department. In May 2023, she emailed UMass’s Human Resources Department, her appointing authority – the Senior Vice Provost for Academic Affairs – and others and asked whether an unnamed “guy” could be hired to a temporary learning management system (LMS) position until a previously approved permanent LMS position was available to post. Sharpes-Smith did not disclose that the “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 told by Human Resources that he could be hired but she could not supervise him. 

Sharpes-Smith recommended her brother for the temporary LMS position, approved and signed the offer letter to him, and verified his identity for a background check. After her brother was hired, she approved his timesheets and authorized his compensation.

In August 2023, Sharpes-Smith received authorization to fill the permanent LMS support position with duties identical to her brother’s temporary position. She designated a subordinate to lead a hiring committee but participated in reviewing approximately 100 candidates’ resumes and eliminating candidates 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 thereafter designated the leader of the hiring committee to hire her brother on her behalf. Her brother was hired in November 2023 at a salary of $68,000.

The conflict of interest law prohibits state employees from participating in matters in which they know 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 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.

“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. “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.”

Sharpes-Smith left UMass in September of 2024 and is currently Executive Director of URI online.

The commission encourages public employees to contact the Commission’s 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.