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When it comes to dealing with the state Cannabis Control Commission, what’s state Treasurer Deborah Goldberg smoking?
Sorry for that old, recycled weed joke, but come on. Last September — a year ago — Goldberg suspended Shannon O’Brien, the commission’s chairwoman, for allegedly making “racially, ethnically, and culturally insensitive statements.” A year later, there’s still no decision from Goldberg regarding O’Brien’s fate. It took jurors in the Karen Read murder case five days to tell the judge they were deadlocked — but at least there was some public development. The last of four closed-door hearings on the O’Brien matter was held on June 17, and Goldberg is still deliberating.
While fighting the suspension, O’Brien, a former state treasurer and gubernatorial candidate, is still collecting an annual salary of $196,551. According to the state Office of the Comptroller, Goldberg has also spent close to $800,000 in taxpayer dollars on legal fees incurred in this battle. Meanwhile, as the saga plays out, the commission is in turmoil, with stories of missing license fee money, staff turnover, and infighting over who should run it regularly making unpleasant headlines.
It’s a mess, for sure, as CommonWealth Beacon has reported. If Goldberg fires her, O’Brien is expected to sue. If Goldberg reinstates her, it’s an open question: Why did Goldberg do what she did a year ago? Either she had a valid case against O’Brien or she didn’t.
What have spilled into the public domain are allegations that O’Brien spoke words that offended some fellow commissioners and staff members. For example, she used the term “yellow” to refer to Asian Americans, which, according to O’Brien, happened when she repeated a phrase that had been used by a Black developer. She also reportedly said something that presumed a commissioner of color knew Senator Lydia Edwards because she is also a woman of color. There are other allegations that O’Brien oversaw a toxic workplace, with some of that alleged toxicity directed at the former executive director of the agency, who previously worked as an assistant to Goldberg.
Again, because the hearings were private, no one but the parties know the details. Given how much taxpayer money has been spent on this case, doesn’t the public deserve to know who testified at the hearing? Did Goldberg? Does any of the supportive evidence come from named sources?
Under state law, a commissioner can be terminated if they are guilty of malfeasance in office; substantially neglect the duties of a commissioner; are unable to discharge the powers and duties of the office; commit gross misconduct; and/or are convicted of a felony. That’s a high bar. To Joe Baerlein, a spokesperson for O’Brien, “The evidence supports her being reinstated as chair.”
The O’Brien controversy also raises questions about the commission’s governance structure and makeup. Of the five commissioners, one is appointed by the attorney general; one is appointed by the treasurer; and two are appointed by a majority vote of the governor, attorney general, and treasurer. The treasurer appoints the chair. That governing structure sets up shared responsibility, with no clear lines of reporting authority, for a commission that is charged with regulating an industry that as of last April had surpassed $6 billion in total sales since the first dispensary opened in 2018.
Last June, the state inspector general described the commission as “a rudderless agency” and called on legislative leaders to appoint a receiver to manage day-to-day operations and revisit its governance structure. So far, that hasn’t happened.
Asked about the ongoing controversies, a spokesperson for Attorney General Andrea Campbell said via email: “It is abundantly clear that the Cannabis Control Commission needs to be reformed and restructured. Like any governing body, it needs permanent leadership and clearly defined roles and responsibilities to function. I’m ready to work with my fellow appointing authorities and the Legislature to make the changes necessary to ensure the safe and equitable implementation of our cannabis laws.”
A spokesperson for Governor Maura Healey also said via email that Healey “shares the concerns that have been raised about this ongoing issue” and is ready to work “on the path forward.”
Asked for comment about the time lapse between now and O’Brien’s suspension, Andrew Napolitano, a spokesperson for Goldberg, said, “You are correct, it has been a year, but at no fault of the treasurer.” He blamed O’Brien for any delay, citing the lawsuits she filed to challenge the hearing process and a separate request for a postponement.
Yet after the hearings finally took place, if Goldberg had a strong case, why not fire O’Brien ? If O’Brien’s statements were as offensive as suggested, the case against her would be clear. So far, the only thing that is clear is the harm to O’Brien’s reputation and employability.
If Goldberg ends up firing O’Brien, the hearing transcripts will be part of any future lawsuit. Then the world will know whether Goldberg was high on leadership standards or just high on power.
Joan Vennochi is a Globe columnist. She can be reached at joan.vennochi@globe.com. Follow her @joan_vennochi.
