Two years after she was unceremoniously eliminated from her place atop the physique overseeing the state’s booming marijuana trade, Hashish Management Fee Chair Shannon O’Brien will return to her put up following a choose’s order.
O’Brien was all of the sudden suspended from her position by State Treasurer Deb Goldberg in September of 2023 and fired a 12 months later over allegations she’d “committed gross misconduct and demonstrated she is unable to discharge the powers and duties of a CCC commissioner.”
After a listening to on the matter final week, Massachusetts Superior Court docket Affiliate Justice Robert Gordon decided that O’Brien’s ouster wasn’t supported by the regulation and that she have to be given her job again.
“The Treasurer’s Decision removing O’Brien was not supported by substantial evidence, and reflects material errors of law that are apparent on the record. As such, the Decision must be vacated,” Gordon wrote in his order.
“Plaintiff shall be reinstated to her position as Chair of the Cannabis Control Commission, effective immediately and without further delay and shall serve out the balance of her original five-year term expiring on August 31, 2027,” he ordered.
The choose additionally ordered her to be compensated for misplaced wages and advantages. O’Brien had been incomes an annual wage of $181,722.
Goldberg’s determination to take away O’Brien and subsequently fireplace her adopted allegations she made racially insensitive remarks and that she mistreated former CCC Govt Director Shawn Collins, a former Goldberg deputy.
On the time, Goldberg indicated she was taking motion “with deep regret because she has a long history of public service.” O’Brien had herself beforehand served as Treasurer, and as soon as gained the Democratic Occasion nomination to the governor’s workplace, however went on to lose a race towards former Gov. Mitt Romney.
“When appointed I anticipated she would lead the Commission capably and in an appropriate manner,” the treasurer mentioned in saying her determination to fireside O’Brien. “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.”
In Gordon’s determination, he cites Goldberg’s reasoning for eradicating O’Brien as primarily based on her conclusion that “outrageous,” “callous,” “flagrant,” and “cavalier” conduct amounted to misconduct. O’Brien was mentioned to have referred to an individual of Asian descent as “yellow” and it was alleged that she had made feedback to a fellow commissioner that might be construed as primarily based on race.
The choose additional referenced allegations that O’Brien had improperly interacted with former Fee Govt Director Shawn Collins, and had “bullied” and “threatened” him.
Based on Gordon, even when these allegations — which O’Brien has strenuously denied since their issuance — had been held as true, none alone or collectively rises to the extent of “gross misconduct” or confirmed that O’Brien was “unable to discharge” her duties as Fee chair, and as such she ought to by no means have been eliminated within the first place.
“The Treasurer argues repeatedly that, even if none of the foregoing incidents, standing alone, justified O’Brien’s removal as CCC Chair, the evidence against O’Brien must be viewed in its totality rather than in episodic isolation. The Treasurer thus argues that individual bricks of misconduct can together build a wall of misconduct,” Gordon wrote.
“But to extend this metaphor with a homage to the courtroom of cinema, the Treasurer’s grounds for misconduct may look like bricks in shape, and edges and surface appearance. But viewed from any other perspective than the Treasurer’s, these bricks are as thin as playing cards. Resting on walls constructed of the same, the Treasurer’s case for gross misconduct against O’Brien turns out to be just that: a house of cards,” he concluded.
When approached for remark, a spokesperson for the Hashish Management Fee mentioned that “any questions about Shannon O’Brien’s status with the Cannabis Control Commission should be directed to O’Brien’s appointing authority, the Office of the State Treasurer.” In talking with Fee employees up to now, the Herald was instructed that the fee was ready to proceed on with their enterprise ought to O’Brien return to her put up or not.
Commissioner Bruce Stebbins has been serving as appearing chair in O’Brien’s absence, following a short stint as appearing chair by Commissioner Ava Callender Concepcion.
On Tuesday, a spokesperson for the State Treasurer’s Workplace launched an announcement on Goldberg’s behalf, through which she reiterated her reasoning for eradicating the now-reinstated Fee Chair.
“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,” she mentioned.
The Treasurer remains to be reviewing the choose’s determination, in response to her spokesperson, and can decide their subsequent steps.
A spokesperson for O’Brien hailed the choose’s determination as the fitting one, noting that it got here after two lengthy years of the now-reinstated chair preventing to clear her identify and get again to work.
“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,” her spokesperson mentioned.
MassGOP Chair Amy Carnevale decried all the ordeal as a waste of time and taxpayer {dollars}, suggesting it ought to result in Goldberg’s ouster in flip.
Carnevale mentioned, “After two years and $2 million wasted, Treasurer Goldberg should resign for her firing of Chair O’Brien while insulating her politically-connected staffers.”
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