Massachusetts Superior Court Judge Rejects Treasurer’s Effort to Keep Cannabis Commission Firing Records Sealed

O’Brien was first suspended in September 2023 and officially removed in September 2024 following two external investigations and nearly 20 hours of closed-door meetings. She has challenged Goldberg’s claims of “gross misconduct” and is appealing her termination in Suffolk Superior Court.

As part of the case, the Treasury submitted a five-volume administrative record in February. The first volume includes a redacted, 83-page explanation of Goldberg’s decision to terminate O’Brien. The treasurer asked the court to impound the remaining four volumes, believed to contain confidential hearing transcripts, investigative findings, internal emails, employee complaints, and written testimony. On Wednesday, Judge Robert Gordon denied motions from Goldberg, the CCC, and several employees mentioned in the documents who sought to keep the records sealed. The decision came on the same day the Massachusetts House unanimously passed legislation to restructure the CCC and remove the treasurer from oversight.

In his ruling, Judge Gordon said the treasurer and others “have not demonstrated the good cause necessary to justify either impoundment or further redaction.” He added that the public’s right to access the information, along with O’Brien’s interest, “overwhelmingly tip the scale.”

Although the records won’t be made public immediately, Gordon issued a temporary stay of 20 days—extendable to 60—to allow for any appeals. Once the stay expires, Goldberg will have one week to refile the documents, with only O’Brien’s Social Security number and certain personnel details redacted.