By Former Chair Files Retaliation Suit
Shannon O’Brien, the former chair of the Massachusetts Cannabis Control Commission, has filed a lawsuit against State Treasurer Deb Goldberg and the commission itself. The complaint was submitted to the Suffolk County Superior Court on Thursday. O’Brien alleges that she faced retaliation and invasion of privacy following her ouster from the position.
The suit claims that O’Brien reported actions she believed were illegal or risky to the public. She states that these reports triggered a campaign of harassment by commission personnel. The lawsuit seeks compensation for damages to be determined by a jury.
It also covers the costs associated with her previous legal fight to regain her job.
O’Brien was originally suspended in late 2023 and later fired by Goldberg. The termination was based on allegations of insensitive remarks and a hostile work environment. However, a judge determined last September that O’Brien had been wrongfully terminated.
She was subsequently reinstated as commission chair in October and awarded back pay and benefits.
Specific Allegations of Misconduct
Needham attorney Timothy Burke filed the suit on O’Brien’s behalf. He stated that O’Brien suffered “economic loss, professional and reputational injury, emotional distress, physical symptoms, litigation expenses, and other compensable damages.” The complaint includes three separate claims against Goldberg. These include retaliation under the Massachusetts Whistleblower Act and violations of the Massachusetts Civil Rights Act.
Burke alleged that O’Brien disclosed information regarding conflicts corrupting enforcement and testing fraud. He claimed the commission subjected her to threats and pressure to resign. The complaint also details unauthorized disclosure of confidential allegations and exclusion from agency resources.
These actions allegedly aimed to deter a reasonable public employee from reporting misconduct.
The lawsuit further argues that Goldberg invaded O’Brien’s privacy. Burke stated that Goldberg disclosed the existence and substance of racial insensitivity allegations to Edward Farley. Farley is a political consultant who had no official role in the investigation.
O’Brien denied making the racially insensitive comments that formed the basis of the original investigation.
Official Responses and Context
Andrew Napolitano, a spokesperson for Goldberg, said the treasurer has not been served with the complaint. He stated that the office received a purported whistleblower notice from O’Brien. Napolitano said the office is confident it has not violated the Whistleblower Protection Act or any other laws.
He characterized the lawsuit as an attention-seeking effort to revive past-litigated issues.
A CCC spokesperson declined to comment on the complaint. The commission stated that it cannot comment on pending litigation. The lawsuit comes months after Gov.
Maura Healey appointed an entirely new commission. A recent law reformed the marijuana industry and removed Goldberg’s authority to appoint commissioners.
O’Brien’s tenure was terminated by this new law, and she was not reappointed. The legal battle highlights internal strife within the regulatory body. The case will now proceed through the court system for resolution.
