Treasurer Deborah Goldberg is dropping her appeal of Shannon O'Brien's reinstatement as chairwoman of the Cannabis Control Commission, her office said, a decision that likely spells an end to the two-year legal and political saga.
An Appeals Court judge late Wednesday said Goldberg was not likely to succeed in her appeal and denied the treasurer's request to block O'Brien from returning to her job as CCC chair while the appeal played out. With that stay denied, Goldberg said Thursday she informed the attorney general's office that she does not want to press the appeal any further.
"My focus must remain on the people I serve as Treasurer. Our work includes building new schools, strengthening the pension fund for our retirees, and creating new economic opportunities in every community across the state. I also believe that continuing with an appeal will further harm the Cannabis Control Commission and impede their ability to focus on their critical priorities," Goldberg said in a statement to the News Service. "I remain steadfast in my commitment to fairness, integrity and civil discourse. The most meaningful way for me to honor my values is by focusing on our priorities at the Treasurer's office."
When she initially sought to appeal O'Brien's reinstatement, Goldberg said in a court filing that preventing O'Brien's return to work was needed "in order to avoid serious disruption to the ongoing work of the Cannabis Control Commission."
Joe Baerlein, a spokesman for O'Brien said she was "gratified" to hear that Goldberg was dropping her appeal "and that the independent CCC can operate without any further interference from the Treasurer."
"Chair O’Brien looks forward to continuing her career of exemplary public service and ensuring that the CCC fulfils its statutory obligations so that the CCC can serve the public as originally intended," he said.
Goldberg had argued that Superior Court Judge Robert Gordon "got it wrong" with his ruling this month that O'Brien was entitled to be reinstated as chair of the CCC with back pay as a result of having been unlawfully suspended and then fired by Goldberg. In her statement Thursday, the treasurer said that she has "profound issues" with the decision she is no longer appealing.
"The decision minimizes the seriousness of Shannon O’Brien’s behavior, and also sends a discouraging message to those who came forward with their concerns. The Judge failed to protect them. Every person deserves a workplace free from harassment, bullying, intimidation, and discrimination. This is not a far-fetched idea and is simply about treating people with respect and decency," Goldberg said. "When I attempted to have discussions with Shannon O’Brien about her language and behavior, rather than working with me, she responded by hiring attorneys and subjecting us to two years of litigation."
When she fired her last September, Goldberg charged that O'Brien had "committed gross misconduct and demonstrated she is unable to discharge the powers and duties of a CCC commissioner." But Gordon determined the evidence that Goldberg relied on "does not remotely suffice" to support O'Brien's firing.
At the end of his ruling that vacated Goldberg's termination decision, Gordon emphasized that O'Brien is to be reinstated "effective immediately and without further delay," putting the last three words in bold and underlined text.
O'Brien's term as chair of the CCC was set to run through Aug. 31, 2027. The next public meeting of the CCC, which has been led in recent months by Acting Chair Bruce Stebbins, is scheduled for Monday, Sept. 29.
Goldberg's decision to stop pressing the O'Brien matter in court comes days after she announced that she plans to seek a fourth four-year term next year.
The Mass. Republican Party ramped up its criticism of Goldberg in the wake of the court ruling that said the treasurer was wrong to have fired O'Brien, slamming her for using taxpayer money in the legal fight and for "insulating her politically-connected staffers." The party, which did not have a candidate for treasurer in 2022, said at least one Republican will announce plans to run for the office by the end of this year.
