The legal sale of marijuana generates a lot of money for Massachusetts, leading to concern over the apparent disfunction at the state’s oversight board.
Massachusetts Treasurer Deborah Goldberg fired Cannabis Control Commission Chair Shannon O'Brien on Monday, her office confirmed, a removal that seems likely to kick the yearlong drama back into the courts.
In a statement, Goldberg said she decided to fire O'Brien after carefully considering more than 20 hours of meetings held earlier this year as well as various documents, case law and policies. Goldberg said she fired O'Brien because she "committed gross misconduct and demonstrated she is unable to discharge the powers and duties of a CCC commissioner."
"I do so with deep regret because she has a long history of public service, and when appointed I anticipated she would lead the Commission capably and in an appropriate manner," the treasurer said. "I expect my appointee’s actions to be reflective of the important mission of the CCC and performed in a manner that incorporates the standards of professionalism required in today's work environment."
Goldberg plans to name a new acting chairperson for the CCC soon, her office said.
Max Stern, a lawyer from Todd & Weld who represents O'Brien, said the firing of O'Brien "whitewashes the unequivocal evidence that would lead any reasonable and fair fact-finder to conclude that there are no grounds for removal and would immediately reinstate her to steer the rudderless the [sic] CCC shipwreck."
After appointing her to the top job in 2022, Goldberg suspended O'Brien, a former state treasurer and the Democratic Party's 2002 nominee for governor, with pay ($196,551 annually) last September.
Goldberg's statement did not provide specific examples of O'Brien's alleged misconduct or inability to discharge her duties as chair of the CCC. Her office declined to provide a copy of any letter or notice outlining the rationale for the firing.
The treasurer had previously given two justifications for O'Brien's suspension and possible firing: that the chairwoman is alleged to have made racially insensitive remarks and that she mistreated former CCC Executive Director Shawn Collins, a former Goldberg deputy. O'Brien denied the allegations against her and in the fall sued Goldberg.
"All of this came about as a result Obrien's [sic] effort to rectify the dysfunction the agency, for the very reason she was appointed by Goldberg. This precipitated a furious backlash, by the persons who felt threatened by her new broom including, in particular, Shawn Collins, the close friend of Goldberg and her Deputy Treasurer, who they had installed as the Executive Director and their man in the CCC," Stern said. "The kiss of death for O'Brien was when she told Goldberg that her mentee, who had proved incapable of managing the agency, might have to be let go."
Stern said that Goldberg "credited every complainant – including those who never testified, even if anonymous" during closed-door hearings held earlier this year and found no facts in O'Brien's favor. He said the treasurer "altogether discredited" two people who testified live on O'Brien's behalf: former CCC Chair Steven Hoffman and current CCC Commissioner Kimberly Roy.
O'Brien's lawyer also said that Goldberg and her general counsel "refused to testify themselves and to produce relevant documents, despite acknowledging they possessed relevant information only known to them."
"But the Treasurer should understand that the sunlight is the best disinfectant, and Chair O’Brien’s pursuit of truth and justice for the Commonwealth and CCC will prevail," Stern said. O'Brien's team did not directly answer when asked if the former chairwoman plans to contest the firing in the courts.
More on the Cannabis Control Commission
The rationale behind Goldberg's decision to fire O'Brien could the basis for a legal challenge.
When Superior Court Judge Debra Squires-Lee late last year ruled that Goldberg could proceed with the meetings that were required before she could fire O'Brien, she specifically pointed out that she made no determination as to O'Brien's claims that the reasons Goldberg has given for her suspension and potential firing "do not rise to the cause standard contained in the statute but reflect mere policy disagreements or disputes over personnel management or other operational matters." Appeals Court Judge Rachel Hershfang echoed that sentiment in February.
"[T]he arguments must be pressed and resolved first by the Treasurer and then, if O'Brien is unsuccessful, in an action for certiorari review," Squires-Lee wrote. "Put elsewise, it is premature and inappropriate for this Court to resolve on this record whether the bases for removal … satisfy the statute as the Treasurer has yet to take final action."
The CCC has been without a dedicated chairperson since O'Brien was suspended last September and has been without an executive director for nearly as long. Collins, the only administrative head in the CCC's history, went out on parental leave last September and resigned in December before returning. The remaining four commissioner have repeatedly butted heads over who should perform the chair's duties in the meantime and also stripped Acting Executive Director Debra Hilton-Creek of much of her expanded role months after selecting her for it.
Inspector General Jeffrey Shapiro pleaded with lawmakers to appoint a receiver to run the "rudderless" agency. The Legislature declined to go that far, but a key lawmaker said in July that the House "recognizes the need for clarity in structure and accountability at the Cannabis Control Commission" and "foresees a legislative path forward addressing the sources of concerns about the CCC’s administrative function."
Rep. Daniel Donahue, the Worcester Democrat who chairs the Cannabis Policy Committee, said his committee will hold public hearings throughout the fall "in an effort to engage all interested parties in identifying the best path forward."
"Further, the Committee has identified broader opportunities for reconsideration, including appointment and removal powers, as well as the structural model of the agency itself," Donahue said.
