Order  Final Order in the Matter of Brooke Merkin

Date:	10/31/2022
Organization:	State Ethics Commission
Docket Number:	22-0006
Referenced Sources:	G.L. c. 268A, the Conflict of Interest Law, as Amended by c. 194, Acts of 2011

Final Order

On September 15, 2022, the parties filed a Joint Motion to Dismiss (“Joint Motion”) with a proposed Disposition Agreement requesting that the Commission approve the Disposition Agreement in settlement of the above-captioned matter and dismiss the adjudicatory proceeding.  The Presiding Officer, Wilbur P. Edwards, Jr., referred the Joint Motion, with the Disposition Agreement, to the full Commission for deliberations on October 20, 2022.

In the proposed Disposition Agreement, Respondent Brooke Merkin, former Deskside Support Engineer for the Center for Health Information and Analysis (“CHIA”) and part-time Service Desk Analyst for the Executive Office of Technology Services and Security (“EOTSS”), admits that she violated G.L. c. 268A, §§ 7, 23(b)(2)(ii), and 23(b)(4). 

Merkin admits that she violated § 7 when she, while a Deskside Support Engineer for CHIA, accepted a compensated part-time Service Desk Analyst position for EOTSS.[1]

Merkin admits that she violated § 23(b)(2)(ii) when she used her official positions for CHIA and EOTSS to submit timesheets to and attempt to obtain pay from each agency for overlapping work hours, which would have resulted in her being paid more than $1,200 for time she did not work.[2]

Merkin admits that she violated § 23(b)(4) by knowingly submitting separate timesheets to CHIA and EOTSS reporting to each agency that she worked the same 31 hours and claiming payment for those hours.[3]

The Respondent agrees to pay a civil penalty of $2,500 and to waive all rights to contest the findings of fact, conclusions of law and terms and conditions contained in the Disposition Agreement in this and any other administrative or judicial proceeding to which the Commission is or may be a party.

In support of the Joint Motion, the parties assert that this matter would be fairly and equitably resolved by the terms set forth in the Disposition Agreement and that this resolution would obviate the need for a hearing on any factual issues, saving time and resources for all involved.  The parties assert that the interests of justice, the parties and the Commission will be served by the settlement of this matter. 

On October 20, 2022, the Commission voted to allow the Joint Motion and accept the proposed Disposition Agreement provided that corrections were made to pages 3, 4, and 6 of the Disposition Agreement.  On October 27, 2022, the parties filed a revised and signed Disposition Agreement, reflecting the corrections. 

WHEREFORE, the Commission hereby ALLOWS the Joint Motion and accepts the revised Disposition Agreement filed by the parties on October 27, 2022.  Respondent’s tendered payment of the $2,500 civil penalty for violating G.L. c. 268A, §§ 7, 23(b)(2)(ii), and 23(b)(4) is accepted.

Commission Adjudicatory Docket No. 22-0006, In the Matter of Brooke Merkin is DISMISSED.

DATE AUTHORIZED:  October 20, 2022
DATE ISSUED:  October 31, 202

[1] G.L. c. 268A, § 7 prohibits a state employee from having a financial interest, directly or indirectly, in a contract made by a state agency, in which the Commonwealth or a state agency is an interested party, of which interest the state employee has knowledge or has reason to know.

[2] G.L. c. 268A, § 23(b)(2)(ii) prohibits a state employee from knowingly, or with reason to know, using or attempting to use her official position to secure for herself or others an unwarranted privilege or exemption of substantial value which is not properly available to similarly situated individuals.  See In the Matter of Frederick Foresteire, 2009 SEC 2220 (substantial value is $50 or more for purposes of § 23(b)(2) claim).

[3] G.L. c. 268A, § 23(b)(4) prohibits a state employee from, knowingly or with reason to know, presenting a false or fraudulent claim to her employer for any payment or benefit of substantial value ($50 or more).