A Superior Court judge ruled Tuesday that Treasurer Deborah Goldberg unlawfully fired Shannon O’Brien as chair of the Cannabis Control Commission and ordered that O’Brien immediately be reinstated to the job.
Goldberg suspended O’Brien as CCC chairwoman in September 2023 and fired her in September 2024 after considering two outside investigations and about 19 hours of private meetings held last summer.
O’Brien contested Goldberg’s claims of “gross misconduct” through Suffolk Superior Court and was successful in her appeal of the treasurer’s firing.
“The question before the Court is not whether [O’Brien] was abrasive, boorish, inconsiderate, ill-tempered, imprudent and/or otherwise unreasonable -- either in actuality or in the reasonable estimation of the Treasurer. Those are simply not grounds that clear the high bar for removal set by the terms of the statute. Rather, the question presented is whether the Treasurer’s removal decision -- which concluded that O’Brien both committed ‘gross misconduct’ and was ‘unable to discharge the powers and duties’ of the Chair -- properly applied those statutory terms and was supported by substantial evidence on the record,” Judge Robert Gordon wrote in his decision. “On any fair reading of the facts, and any proper application of the law, the Decision fails on both counts.”
The judge said O’Brien is “entitled to reinstatement for the remainder of her statutory appointment, and to an award of back pay and benefits running from the date of her unlawful termination.”
O’Brien’s term as chair of the CCC was set to run through Aug. 31, 2027 and her spokesman said she does plan to return to her job at the CCC.
“When Treasurer Goldberg first approached Shannon O’Brien about becoming Chair of the CCC, Goldberg directed O’Brien to clean up the mess at the CCC. O’Brien’s past history as State Treasurer in identifying and cleaning up the scandal in the state lottery commission in 1999 and then blowing the whistle on the Big Dig cost overruns in 2001 was evidence of her prior record as a dedicated and honest public official. Her work as Chair of the CCC has been focused on fixing the management problems of the agency, bringing opportunities to people of color and women in the cannabis industry, and restoring the integrity to the CCC for the benefit of the taxpayers,” O’Brien spokesman Joe Baerlein said. “Acknowledging the challenges of that mission given the recent reports by the State Inspector General and State Auditor, Chair O’Brien is pleased to have her good name restored and looks forward to working with CCC Executive Director, Travis Ahearn, and her fellow CCC commissioners, in fulfilling the intent of the Legislature when it created the CCC.”
In a statement, Goldberg said she thinks Gordon’s ruling is wrong. Her office said it is reviewing the judge’s decision and determining its next steps.
“I don’t think, under any circumstance, the kind of behavior Chair O’Brien demonstrated should be tolerated. I do not accept that harassment and bullying are just trivial issues in the workplace. Frankly, we think this judge got it wrong,” Goldberg said.
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