With O’Brien’s return, the Cannabis Control Commission goes back to sparring

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The years-long legal battle over Shannon O’Brien’s chairmanship of the Cannabis Control Commission exposed the factionalism within the regulatory agency, as it struggled with in-fighting and finger-pointing over a toxic work culture.

A Superior Court judge, in a September ruling eviscerating Treasurer Deb Goldberg’s attempt to oust O’Brien, wrote that O’Brien’s “concededly ill-considered remarks and other putative failures of leadership reflect, at most, errors of judgment falling far below the statute’s ‘gross misconduct’ threshold for removal.”

Lingering factionalism, with one commissioner accusing another of bullying, was still apparent during the Oct. 15 meeting, which featured O’Brien back in the chair.

O’Brien and Commissioner Kimberly Roy pushed for a vote on approving a $200,000 report dealing with areas disproportionately affected by the federal war on drugs.

The report is several years old, which may feel like a lifetime for the commission. Along with O’Brien and Roy, Bruce Stebbins, who came over from the Gaming Commission, is among the last people standing. (Because the five-member commission is down to three people, all the decisions must be unanimous, further hamstringing the agency.)

Stebbins said he didn’t feel comfortable voting to accept the report, since he still had questions about getting information from Boston, Worcester and Springfield.

O’Brien pressed for acceptance, questioning whether Stebbins’ stance does not preclude them from having conversations with municipal officials, and she demanded a yes or no answer from the general counsel, who said he couldn’t give it. The vote failed, with Stebbins voting no.

“Commissioner Stebbins, when will you be comfortable to vote on this?” Roy said.

“Let’s stop for a second,” said the normally mild-mannered Stebbins. “Don’t try to bully me into a vote.”

“I’m not,” Roy responded. (In a statement later, she said the report, by the “nationally recognized” UMass Donahue Institute, was completed nearly five years ago, and its approval would be a “critical step” for people affected by incarceration and prohibition of marijuana.)

O’Brien kept sparring with the general counsel, Kajal Chattopadhyay, who was hired in her absence. O’Brien noted that a legal budget set at $100,000 had tripled, and tens of thousands of dollars were billed as “general matters.” “There are almost two sets of books,” she said. “There are ones that are available to a handful of people inside the commission” and “lack of transparency” for the rest.

Chattopadhyay repeatedly said the practice is consistent with public and private sector entities.

O’Brien, who has argued that Treasurer Goldberg originally brought her in to clean up the agency before they turned on each other, said the commission should be held to a higher standard of transparency.

In September’s ruling, the Superior Court judge wrote that laws “governing the workplace do not prescribe codes of general civility,” and a level of “friction and discord” can be a feature of having an independent state agency. Whether Beacon Hill leaders agree on that last point is unclear. House lawmakers passed a bill overhauling the agency in June. It’s now sitting in the Senate, and could be caught in the dynamic that bills sometimes face when they pass one chamber: The other chamber puts it aside as a bargaining chip.

A spokesman for Senate President Karen Spilka said she and her colleagues are “closely” following what’s happening at the commission, and the House bill remains under review.

Is the Senate slow-rolling the restructuring of the Cannabis Control Commission as Shannon O’Brien berates people and the agency thrashes around in public? If you know, let me know: [email protected].

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8:00 | Massachusetts Nonprofit Network holds its annual conference, this year titled "Stronger Together." Attorney General Andrea Campbell is slated to speak. A keynote panel covers the ways in which nonprofits are responding to new challenges this year. | DCU Center, 50 Foster Street, Worcester | More Info

10:30 | Boston Mayor Michelle Wu joins City Council President Ruthzee Louijeune to sign an ordinance to prioritize surplus municipal property for affordable housing. | Eagle Room, City Hall, Boston

11:00 | Gov. Maura Healey gives remarks at Seafood Day. | Great Hall, State House, Boston

11:30 | Immigrant and union groups launch Protecting Massachusetts Communities campaign to urge lawmakers to pass bills addressing cooperation with federal immigration enforcement (S 1681 and H 2580) and the Immigrant Legal Defense Act (S 1127 and H 1954). Organizers include the Mass. Immigrant and Refugee Advocacy Coalition, ACLU of Mass., 1199 SEIU, SEIU 32BJ, SEIU 509, and SEIU State Council, JALSA and Mass. Teachers Association. | State House steps, Boston

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BOSTON ZONING: Michael Nichols, who chairs the Boston Zoning Commission and chairs a downtown business advocacy group, will recuse himself on a vote that would allow for more skyscrapers. – Boston Herald

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FLANAGAN STABBING: Police arrested a man in connection with the stabbing of former Fall River Mayor Will Flanagan outside a marijuana dispensary. – WCVB

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