Judge reinstates O'Brien as cannabis commission chair, two years after removal

A Superior Court judge ruled Tuesday that State 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," Judge Robert Gordon wrote in his decision. "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. 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.

In a statement, Goldberg said, "this judge got it wrong."

"I don’t think, under any circumstance, the kind of behavior Chair O’Brien demonstrated should be tolerated," Goldberg said. "I do not accept that harassment and bullying are just trivial issues in the workplace."

A spokesperson for the treasurer said she plans to appeal the decision.

Among the allegations Goldberg cited in firing O'Brien were that the former chairwoman "made rude and disrespectful comments, remarks, statements, and presumptions to Commission staff and colleagues that were or were perceived to be race-based or, at minimum, to be racially, ethnically, and culturally insensitive;" and that she contributed to "a hostile work environment" with the way she treated (or bullied, according to Goldberg) former CCC executive head Shawn Collins, a one-time Goldberg deputy.

O'Brien contended that Goldberg appointed her to be a change agent at an agency in need of a shakeup, that she was met with insubordination and hostility from the staff, and that her relationship with Goldberg soured when she raised the idea of removing Collins.

Reached by phone, O'Brien declined to comment. In an emailed statement, her attorney Joe Baerlein wrote that O'Brien is "pleased to have her good name restored" and is looking forward to working with the commission.

"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," he said.

WBUR reporter Anthony Brooks contributed to this report.