Shannon O’Brien plans to appeal her firing as the chair of the Cannabis Control Commission directly to the Supreme Judicial Court, her lawyer has said, according to published reports. In the meantime, one of her former CCC colleagues will take over as acting chair.
O’Brien was officially removed from the post by state Treasurer Deborah Goldberg after O’Brien had been suspended for months, according to published reports on Monday, Sept. 9.
State law [CH249 Sec. 4] provides the option for O’Brien to either take her case to Superior Court or the SJC as a method of correcting “errors in proceedings which are not according to the course of the common law and are not otherwise reviewable by motion or appeal.”
Often used in connection with zoning or similar issues in land court (or district court if a case involves fence viewers), such actions have 60 days to proceed following the procedure in question.
William Gildea, one of O’Brien’s lawyers from Todd & Weld, said O’Brien is considering such action, according to the State House News Service. That is based on “prior cases with generally similar facts about removing high-level official” that went directly to the SJC — like the case of the fired Turnpike Authority Board members in the early 2000s — “that would be the plan,” he was quoted as saying.
A Whitman native, O’Brien and the Healey administration have been at loggerheads since Gov. Maura Healey suspended her on Sep. 16, 2023. O’Brien had been on the job for exactly one year – the suspension coming on the anniversary of her being appointed to the role.
The CCC oversees the state’s $7 billion cannabis business within Massachusetts.
WCVB-TV reported that included a letter from Goldberg to O’Brien, which indicates O’Brien had been accused by state treasurer of making “racially, ethnically and culturally insensitive statements.” O’Brien has denied those claims and had sued to fight the attempt to keep her job.
“The Chair committed gross misconduct and demonstrated she is unable to discharge the powers and duties of a CCC commissioner,” O’Brien’s lawyer, Max Goldberg said in his statement Monday. “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. 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.”
O’Brien fired back that a “toxic work environment” had existed at the CCC for some time and had, in part, been fallout from her suggesting former Executive Director Shawn Collins might have to be let go.
Stern issued a statement denying the existence of any grounds for his client’s removal, charging that state officials
While Goldberg aims to appoint another chair to the CCC soon, Goldberg’s office said in a statement released to the press. O’Brien was still receiving checks for her $196,551 salary.
According to NPR, O’Brien Had spent more than $616,000 on proceeding with the attempt to oust O’Brien.
(Editor’s note: This story has been updated to correct a headline error and update information published in last week’s Whitman-Hanson Express. The Express apologizes for the error.)
