Press Release  State Ethics Commission’s Enforcement Division Alleges Former EOTSS and CHIA Employee Brooke Merkin Violated Conflict of Interest Law

Boston, MA — The State Ethics Commission’s Enforcement Division issued an Order to Show Cause today alleging that Brooke Merkin, a former employee of the Center for Health Information and Analysis and the Executive Office of Technology Services and Security, violated the conflict of interest law by holding both state positions simultaneously and seeking payment from the Commonwealth for working both positions during the same hours, which would have resulted in her being paid for 31 hours she did not work.

After beginning a job as a full-time deskside support engineer with CHIA in January 2021, Merkin began working as a part-time service desk analyst for EOTSS in February 2021, primarily working remotely in both positions. Merkin held both positions without either state agency’s approval or awareness, and gave false excuses to CHIA when she was unavailable during hours she was working for EOTSS, according the Order.

The Order alleges that between February 19 and March 1, 2021, Merkin submitted timesheets in both positions for 31 overlapping hours, which would have resulted in her being paid $1,200 in unearned and undue compensation had CHIA and EOTSS not discovered the deception. In early March 2021, Merkin attempted to resign from both positions, however, neither agency accepted her resignation and both instead terminated her, according to the Order.

The conflict of interest law prohibits state employees from knowingly having a financial interest in a state contract. Merkin allegedly violated this prohibition by accepting a second paid state job while already employed by the Commonwealth. The Order alleges that when Merkin submitted timesheets to CHIA and EOTSS for overlapping hours, she violated the law’s prohibitions against public employees submitting false claims for payment to their employer and attempting to use their official positions to obtain valuable benefits to which they are not entitled.

Pursuant to the Commission’s Enforcement Procedures, the Enforcement Division files an Order to Show Cause after the Commission has found reasonable cause to believe the subject of the Order violated the conflict of interest law. Before filing the Order to Show Cause, the Enforcement Division gives the subject an opportunity to resolve the matter through a disposition agreement. The Commission will schedule a public hearing on the allegations against Merkin within 90 days.

The Commission is authorized to impose a civil penalty of up to $10,000 for each violation of the conflict of interest law.

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.

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