Judge sides with treasurer in O'Brien's suspension fight at cannabis agency

A Superior Court judge ruled Friday that Treasurer Deborah Goldberg can go ahead with a meeting that could lead to the firing of suspended Cannabis Control Commission Chairwoman Shannon O'Brien.

More than a week after hearing arguments in the case, Judge Debra Squires-Lee denied O'Brien's motion for a preliminary injunction seeking to have the court mandate rules for the meeting, and she approved Goldberg's motion to dissolve the temporary restraining order that had been in place since earlier this month.

O'Brien was seeking an open hearing and a neutral hearing officer with the treasurer, rather than a process held behind closed doors. In a statement, she said, "We believe this decision is in error," and that her lawyers are considering an appeal to a higher court after the holidays.

The administrative hearing with Goldberg is not yet scheduled, the treasurer's office said Friday afternoon; Squires-Lee ordered that it should only happen under the recently revised "protocol" that Goldberg's office has prepared. That includes a requirement that O'Brien be given an updated statement of the reasons for her suspension, and possible removal, at least 15 business days ahead of time.

Goldberg suspended O'Brien with pay in September and O'Brien sued, claiming unlawful removal. The treasurer informed O'Brien that she took the action after a commission investigation found allegations that O'Brien had made "racially, ethnically, culturally insensitive statements" in the workplace, according to court filings made public earlier this month.

O'Brien denies wrongdoing and maintains that her comments were taken out of context. She has said that the cannabis regulatory body is plagued by a "toxic internal environment." Two other top managers at the commission were suspended this month.

Goldberg spokesman Andrew Napolitano said of Friday's ruling: "We are very pleased with the Court's decision. The Treasurer is looking forward to having this meeting with Chair O'Brien."

In her ruling Friday, Squires-Lee wrote that the removal of a commissioner of an independent commission like the cannabis commission "is a serious proposition that must be done with due regard for the commissioner's rights, as well as the political independence of the Commission."

"I am persuaded that the Treasurer understands her obligations and has put together a protocol for the hearing that recognizes the importance of the decision to be made and affords O'Brien a full, fair, and meaningful opportunity to be heard consistent with the statute and her Constitutional rights," Squires-Lee wrote. "I am not persuaded by O'Brien's arguments to the contrary."

The judge noted that "public interest in this matter is high" and urged both sides to avoid political theater. And she specifically left open the possibility that O'Brien's arguments could be further debated in court if she is indeed fired.

"The hearing should be held as promptly as possible, and a decision rendered. If necessary, O'Brien can then seek certiorari review of the Treasurer's final decision," Squires-Lee wrote.

WBUR staff contributed to this report.