Massachusetts Treasurer Deborah Goldberg fired Shannon O'Brien as chair of the Cannabis Control Commission, which overseas marijuana policy in the Bay State
OG Article: here
View our Fair Use Policy: here
Shannon O'Brien isn't giving up without a fight. After being fired as the chairwoman of the Cannabis Control Commission (CCC) by Treasurer Deborah Goldberg, O’Brien is planning to take her appeal directly to the Supreme Judicial Court of Massachusetts, according to her lawyer. In the meantime, Bruce Stebbins, one of her former colleagues on the CCC, will step in as acting chair until a permanent replacement is found.
Goldberg fired O'Brien on Monday, accusing her of "gross misconduct," though she didn’t specify exactly what O’Brien did wrong. On Tuesday, she announced Stebbins as the acting chair, highlighting his experience as a former gaming regulator, business development official, and White House aide. Goldberg said Stebbins will “ensure stability during this period and will continue to positively impact the important mission of the CCC.”
While that transition takes place, O'Brien’s legal team is working on appealing Goldberg’s decision to the state’s highest court. William Gildea, one of O'Brien's attorneys, said Massachusetts law gives her the option to appeal either to Superior Court or the SJC, and they’re choosing the latter, based on previous cases involving high-level officials. "That would be the plan," Gildea said, referencing cases like the Turnpike Authority Board members' firing in the early 2000s.
What’s Behind O’Brien’s Firing?
O’Brien’s appeal will likely focus on why she was removed and the procedures Goldberg followed to get there. Her lawyers argue that the process was “designed to reach a pre-ordained outcome,” with no fair consideration for other conclusions. Last year, a Superior Court judge approved the protocol used for private hearings between O’Brien and Goldberg, but the judge didn’t rule on O’Brien’s claim that Goldberg’s reasons for the firing didn’t meet the legal standard, and instead just reflected policy disagreements or personnel disputes.
Goldberg hasn’t shared many details about why she fired O’Brien. The treasurer’s office hasn’t provided any formal documentation explaining the firing, leaving the public with more questions than answers. Back in March, Goldberg sent O’Brien a letter identifying four instances of conduct that might justify her removal, including findings from two investigative reports.
The allegations against O’Brien include making inappropriate comments to staff that were racially or culturally insensitive, interfering with the parental leave of the CCC’s Executive Director, and creating a hostile work environment by being abusive and threatening. There were also claims that O'Brien was "evasive and not credible" during her communications with investigators.
These complaints stem from cross-complaints between O’Brien and the CCC’s Chief Communications Officer, Cedric Sinclair, both accusing the other of harassment and bullying. Additional complaints were later filed by Commissioner Nurys Camargo and other CCC staff members. An investigation cleared both O’Brien and Sinclair of bullying each other, but it concluded that O’Brien had made inappropriate comments about the professional relationship between Camargo and Sinclair. One investigator even found it credible that O’Brien had made racially biased assumptions, like presuming that Senator Lydia Edwards, who is a person of color, would know Camargo simply based on race.
The Fallout and Next Steps
O’Brien’s legal team argues that Goldberg hired her to lead the CCC through a tough period, and that the treasurer started to turn on her when O’Brien pressured former Executive Director Shawn Collins to step up or step aside. According to O'Brien’s team, the complaints against her were weaponized by those who felt threatened by her leadership, with Collins and his ally, Goldberg, leading the charge.
Governor Maura Healey has expressed support for Goldberg's decision, saying, “I respect the decision made by the treasurer. I hope we can all move on from this.” Healey also emphasized her commitment to supporting the CCC’s work, recognizing the importance of the cannabis industry to the state.
If O'Brien goes forward with her appeal, it could mirror the famous case of Jordan Levy and Christy Mihos, two Massachusetts Turnpike Authority board members who were fired in 2001 and eventually reinstated by the SJC. O’Brien’s lawyer, Max Stern, drew parallels to that case in his closing arguments, suggesting that O'Brien, like Levy and Mihos, could be reinstated.
Stern also warned Goldberg that once O’Brien’s case goes to court, “everything will be out there,” and that O’Brien’s name will eventually be cleared. "She will truly, in the court of public opinion, be restored," Stern said, adding that they could also take the case to federal court if necessary.
It’s clear that this legal battle is far from over, and O’Brien’s team is prepared to fight to get her back in the chair of the CCC.
Comments