Judge says Goldberg free to proceed with O'Brien suspension hearing
Image | Courtesy of State House News Service
Former Cannabis Control Commission Chairwoman Shannon O'Brien and her lawyer, Max Stern, spoke with reporters after a Dec. 14 hearing in Suffolk Superior Court.
A Superior Court judge ruled Friday that Treasurer Deborah Goldberg can go ahead with the 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.
A hearing is not yet scheduled, Goldberg's office said Friday afternoon, and Squires-Lee ordered Friday 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.
"We are very pleased with the Court's decision. The Treasurer is looking forward to having this meeting with Chair O'Brien," Goldberg spokesman Andrew Napolitano said.
In her ruling Friday, Squires-Lee wrote that the removal of a commissioner of an independent commission like the CCC "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.
WBJ Web Partners
Most Recent
Most Recent
0 Comments