Ousted pot-boss O’Brien’s court fight continues as some details kept from public

The state’s former pot boss is fighting to have the details surrounding her removal as head of the Cannabis Control Commission made public, while at the same time the state claims it’s working to protect the identities of employees who may have spoken against her.

On Tuesday, a spokesperson for former CCC Chair Shannon O’Brien said attempts to clear her name were again kicked down the road, after the Superior Court Judge assigned to hear arguments over the release of information regarding O’Brien’s removal recused herself from the case.

The judge had opened the hearing but recused herself after it started, telling the court that she remembered an incident from 23 years earlier, and upon consulting with counsel, determined she should recuse herself,  according to video from the courtroom.

“The longer Treasurer Goldberg hides the actual evidence, the greater the likelihood is that there will be an even greater destruction of Petitioner’s reputation,” they wrote.

According to Max Stern, one of O’Brien’s attorneys, State Treasurer Deb Goldberg is attempting to conceal the particulars of a meeting between the Treasurer and O’Brien and the interviews that culminated in the former Chair’s removal from her appointed position.

“Treasurer Goldberg is going to ask the Superior Court to impound essentially anything of significance, and certainly of help to Shannon O’Brien, of the evidence at the secret hearing that led to Shannon O’Brien’s termination – a decision that is being appealed by Chair O’Brien. This action follows on Treasurer Goldberg’s refusal to conduct a public hearing and let the public decide what is the truth,” Stern said.

According to Assistant Attorney General John Hitt, representing Treasurer Deb Goldberg in the case, while the public has a clear interest in the details, the information that O’Brien hopes to release and that the state hopes to keep under impoundment is included in “1,733 pages attached by the plaintiff as an ‘appendix’ to her petition” which contains “personal data of individuals who are not parties to this action which is protected from disclosure” by state law.

O’Brien was unceremoniously removed from her post and her access to the CCC’s systems and properties suddenly severed in September of 2023,  just a year after she’d taken the helm of the agency. She lost the job with no immediate explanation given.

It was later revealed that Goldberg, who had appointed the former chair to her position, had taken action against O’Brien in response to complaints of racism and workplace hostility from other commissioners and staff. The CCC Chair denied those accusations and sued, arguing that her actions were being mischaracterized and that Goldberg did not have cause or authority to remove her. O’Brien was officially fired in September.

The details of a closed door meeting between O’Brien and Goldberg, and the staff interviews and reasoning that led up to O’Brien’s firing, have been largely kept from the public, except for Goldberg’s assertion that the former chair displayed “gross misconduct and demonstrated she is unable to discharge the powers and duties of a CCC commissioner.”

According to O’Brien’s legal team, their client hasn’t gotten a fair shake.

“The Treasurer now continues to refuse to allow the public to know what actually happened,” Stern said.

O’Brien’s next court date as she appeals her firing is scheduled for January 17.

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