Horgan, commission face a decision on ethics

Cal Beverly's picture

On the last weekend before local high school graduations, a Fayette County elected official got caught doing what you might expect from a tiny minority of high school seniors: Toking while trucking.

County Commissioner Robert Horgan was pulled over on Gingercake Road May 21 for driving a pickup with a tag that had expired the previous month.

The deputy sheriff said “a strong odor of marijuana” wafted from the truck’s open windows, according to the arrest report.

He asked the driver “if there was anything illegal inside his vehicle that I needed to be aware of. Horgan stated that there was not.”

“Horgan looked flushed and pale in the face and appeared to be extremely nervous. Horgan’s hands began to shake, and his voice began to tremble in conversation.”

The deputy got Horgan’s permission to search the truck. After the search started, “Horgan admitted that there was marijuana in a pill bottle under the seat in his vehicle, and the marijuana was his.”

“The pill bottle contained two plastic bags with a green leafy substance suspected to be marijuana, and a pack of rolling papers. One of the plastic bags contained a small rolled marijuana cigarette.” Horgan told a second deputy that he had just left a home improvement center in Fayetteville and “had just smoked some of the marijuana on his way to his house.”

When Horgan was arrested and placed in the back of the deputy’s patrol car, Horgan asked, “If there was anything we could do to resolve this right here, right now. I told him no,” the deputy’s arrest report said.

The Citizen broke the story online Tuesday afternoon and in the print edition Wednesday morning. Horgan did not return any of our phone calls for comment, and refused to resign at the Thursday night county commission meeting.

From our story about that charged commission meeting:

In his apology, Horgan acknowledged “the negative cloud that now lays over our community and this board because of the incident that I was involved in over this past weekend.”

“I can only assure you that I will do everything that I can to regain your respect and your trust in my ability to function as your county commissioner. I hope that you accept my apology and allow me to continue to work earnestly for our community as I have for the past five years.”

Commission Chairman Jack Smith said he felt the incident was “unfortunate.”

“The board will continue to work as your representatives and we hope that this incident and the negative impact it has had on this body will be resolved fairly and expediently for all involved,” Smith said.

Here’s what’s “unfortunate”: Horgan has clearly violated the county’s ethics ordinance, and Chairman Smith and the other three commissioners seem content to sweep this embarrassment under the rug.

Some pertinent excerpts from the county’s code of ethics:

“The purpose of this Code of Ethics is to establish ethical standards of conduct for all officials and employees of Fayette County by identifying acts or actions that are incompatible with the best interests of the community and the organization and by requiring disclosure by such officials and employees of private financial, or other interests, in matters affecting the County.

“Those covered officials and employees are bound to observe in their official acts the highest standards of behavior and to faithfully discharge the duties and responsibilities of their office, regardless of personal considerations, recognizing that the public interest must be their primary concern.”

“Covered officials and employees shall not exceed their authority or breach the law, or ask others to do so, and they shall work in full cooperation with other public officials and employees unless prohibited from so doing by law or by officially recognized confidentiality of their work.”

“Notwithstanding any provisions of law to the contrary, each covered official and employee of Fayette County shall:

“(1) Uphold the Constitution, laws and regulations of the United States, the State of Georgia, and all governments therein and never be a party to their evasion ...”

“(8) Never engage in other conduct which is unbecoming to an official/employee or which constitutes a breach of public trust.”

“C. If a complaint is received by the Clerk of the Board of Commissioners which alleges a violation of the Code of Ethics by a member of the Board of Commissioners, an independent review board will be formed if the complaint alleges sufficient facts which, if proven to be true, would be a violation of the Code of Ethics. The County Attorney of any County within the Griffin Judicial Circuit, except the County Attorney for Fayette County, shall make the determination of whether or not a review board should be impanelled. If a review board is needed, three (3) County Attorneys within reasonably close geographical proximity to the County will be requested to conduct a public hearing based upon the complaint. A majority vote, based on clear and convincing evidence, will determine the existence of a violation.”

“Covered officials and employees are subject to the following penalties and action for violations of this Code of Ethics:

“(1) Written reprimand or public censure;

“(2) Recovery of value transferred or received by the County;

“(3) Cancellation of the contract or rejection of the bid or offer;

“(4) A monetary fine not to exceed $1,000.00; and

“(5) Demotion or termination.”

Let’s see if Horgan and Smith and the other three commissioners will have the decency to do what is not only right, but is legally required.

Let’s see whether these five elected officials possess the integrity to put legally mandated ethical behavior ahead of their own personal or private interests.

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Submitted by Billinfayetteville on Wed, 06/03/2009 - 5:29pm.

Wake up people! This is not a debate over legalizing marijuana. It is about an elected official who broke the law and then attempted to bribe the deputy to "work things out right here". Ordinary people go to jail for this kind of behavior. But our County Commission is "above the law". The fact we are even having this discussion shows how pitiful the situation has become. And we voted these crooks into office?

Mr. Horgan should resign immediately. His ability to carry out his elelcted office has been effectively destroyed.

Submitted by ginga1414 on Wed, 06/03/2009 - 1:19pm.

Mr. Horgan has betrayed the public's trust. All those Commissioners who condoned Mr. Horgan's actions by not speaking out against him have betrayed the public's trust.

There is no "innocent until proven guilty" in this case. Mr. Horgan was caught red handed and he admitted the pot belonged to him. Then, he wants to "resolve it right here, right now."

Jack Smith says, "it's unfortunate." It is far worse than "unfortunate."

This whole thing makes me SICK! The entire Board of Commissioners publicly betrayed the citizens of this County. I wonder just how many times they have betrayed us privately! If they have the nerve to betray us publicly, there is no telling what has gone on that we don't know about. The hard working, law abiding citizens of Fayette County deserve better.

Thank you Cal Beverly, John Munford and the entire Citizen staff for caring about the citizens.

Submitted by wheeljc on Wed, 06/03/2009 - 11:27am.

Just how low has our society fallen? Twas a time when leaders would take charge and lead with decisive action(s). If an individual was in a prominent position of responsibility; a position where individuals of all ages looked up to the position, and would attempt to emulate; and that individual either broke a law, or brought discredit and shame to the position or office, then the individual would either resign immediately, or their would be leaders who would immediately take action to have the VIOLATOR removed.

Have we reached the low level in our society that the VIOLATOR'S rights take precedence over law and good judgment? If so, it does not speak well for all those WE PLACED IN OFFICE!

No action by leaders is tantamount to condoning the act! Regardless of individual feelings regarding 'pot smoking', IT IS ILLEGAL. Are we at the stage in our society where we now select the laws we in which we wish to abide?

Findu Veryfunny's picture
Submitted by Findu Veryfunny on Wed, 06/03/2009 - 11:48am.

Well said, wheeljc. Regardless of individual feelings regarding the pot smoking it IS illegal and should ALSO be treated as a DUI. [DUI's are given for other influences besides alcohol!]
We should not show our children that it is OK to do these things, especially from a [using this term very loosely] "leader".
He should not have the opportunity to resign,...he should be removed.


Evil Elvis's picture
Submitted by Evil Elvis on Wed, 06/03/2009 - 11:47am.

You got a problem with trial by jury and the concept of being assumed innocent until proven guilty?

Is it pitchfork time? I wouldn't disagree but c'mon ... Horgan's small potatoes. Let's poke higher up the food chain!


The Wedge's picture
Submitted by The Wedge on Wed, 06/03/2009 - 12:10pm.

"You got a problem with trial by jury and the concept of being assumed innocent until proven guilty?" - Nice try, but that is not what is getting argued on this blog. It is all about pot not being a big deal. The majority on this think he is guilty, but do not really care as it is a law that they do not want to be applied.


Evil Elvis's picture
Submitted by Evil Elvis on Wed, 06/03/2009 - 1:03pm.

Weed while driving isn't.

HTH.

And before we wander off into some boring discourse as whether you or I agree about obeying unjust laws, Socrates, let's first ask ourselves this: Are we as concerned about the obeyance of every other goofy law on the books? A certain act that shares its moniker with a maker of large military-style trucks that was recently purchased by the Chinese is STILL "illegal" in some parts, but I bet that wouldn't stop you, stud.

... Me either.

FYI ...

Places where "oral" is illegal: Alabama, Arizona, Florida, Idaho, Kansas, Louisiana, Massachusetts, Minnesota, Mississippi, Georgia, North and South Carolina, Oklahoma, Oregon, Rhode Island, Utah, Virginia and Washington D.C.

Now THAT is a law I don't want applied. How about you?

In the immortal words of Davids half-retarded Mom: What have you learned?

No go take on a gay ... I mean the day.


Submitted by pomsmom on Wed, 06/03/2009 - 8:59pm.

If you or anyone else is participating in oral sex, smoking pot,drinking alcohol or taking mind altering prescription drugs while driving you should be prosecuted. Furthermore you should be removed from your citizen elected position. our children are going to learn the same old lesson from this. that lesson being politicians do not have to obey the law. the higher your office the more you get away with. IE(our teflon coated president)

The Wedge's picture
Submitted by The Wedge on Wed, 06/03/2009 - 1:41pm.

Sodomy laws are an old canard. If they are still on the books as you state, are they being enforced with convictions? Otherwise, your analysis becomes one of looking into arcane history to find out that there are still statutes not to overtake a horse with a horseless carriage. I find it curious that you have no problem ignoring federal and state drug laws. Do you draw the line at larceny, or you okay with others making that call for you with your stuff? It is a tiresome exercise in the continuing societal excuse of poor and illegal behavior. Don't blow smoke and say innocent until proven guilty when you really mean you don't care to abide by laws


Evil Elvis's picture
Submitted by Evil Elvis on Wed, 06/03/2009 - 1:56pm.

I believe many of our drug laws are dated, useless and ineffective. However, I obey them. You are way out of line suggesting otherwise.

Further, don't offer insight as to what I "really mean". I'm more than capable of doing so myself.

And should you wish to shoot your mouth off about how we should be collectively outraged by failure to obey laws, why not specify that you don't mean all laws but rather just the ones that support your argument. I'm not responsible for arcane laws or your inability to properly stipulate whatever damn fool point you were making.

Oh yeah, it was something about getting pissy about weed. I will concede that you do a fine job getting pissy.

Me thinks you're carrying a rather large stick in a rather uncomfortable place. Removal is suggested.

Tard.


The Wedge's picture
Submitted by The Wedge on Wed, 06/03/2009 - 2:02pm.

you loon. Wrap yourself with a cloak of indignity, but after seeing you operate on this website, I find it laughable. Go ahead and gay-bait, name call, and be an idiot. Your line of the argument is to say he is innocent, that sodomy laws are on the books, to drug laws are ineffective and outdated, and now a hissy fit. Make an argument and stick to it. Or go ahead and operate as that effective societal commentator that most on this site finds you. Eye-wink


Evil Elvis's picture
Submitted by Evil Elvis on Wed, 06/03/2009 - 2:19pm.

You are correct in noticing that I don't easily take offense. However, it was a BIG assumption on your part in essentially calling me a willful criminal.

I especially liked this part: "Go ahead and gay-bait, name call, and be an idiot." Bet you don't get why that's funny.

(HINT: It's because you called me a name right after criticizing me for name-calling.)

Reading how you've twisted my "line of argument", I can only assume you're a troll or gay. Maybe a gay troll. Nah, just kidding about the troll part; you're sincere about sanctimony.

Was it the stick up the butt comment that prompted you to accuse me of gay-baiting? I know, I know. You only gummed the hook but left the bait.

Sad

ps - You've won me over. Let's meet up at Horgan's house later and kick him in the nuts a few times each.

Look sharp, Horggie.


Submitted by MikePatton on Wed, 06/03/2009 - 2:40pm.

I know you are, but what am I?

Evil Elvis's picture
Submitted by Evil Elvis on Wed, 06/03/2009 - 2:43pm.

Asked and answered.

Hope that helped.

Edit -- Maybe you're only 3/4 retarded.


Submitted by MikePatton on Wed, 06/03/2009 - 5:59pm.

No. I was making a point, which I guess was over your head. You seem to be getting worked up about petty name calling over the 'net. Responding to these insults just brings you down to your opponents level. Ignore it and stick to the argument.

I've been skimming over your comments, and your baseless accusations of homosexuality. That was a big insult when I was in middle school, but ever since than calling someone "gay" for no reason just makes you look homophobic and insecure, it insults you more then it insults whoever you pointlessly throw that label onto.

I know you're going to respond saying this comment has no relevance to the argument at hand. But all I'm trying to do is simply point out that you're wasting your time name calling.

The Wedge's picture
Submitted by The Wedge on Wed, 06/03/2009 - 2:39pm.

It was not my intent to suggest that you engage in illegal activity, specifically drugs. Only that you are okay with Horgan engaging in it. Specifically weed is okay, but driving is not. It falls out into the victimless crime mentality professed by many. Legalization of such things like prostitution, drugs, etc. Liberatarian stuff. We all know that the law seems open to selective enforcement in reality. Horgan will keep his job the same way that Blagojovich (sp?) kept his- innocent until proven guilty or impeached. I will assume that you supported Governor Rod as well? and btw-I couldn't really care less abou this clown remaining in office. He is not going to survive another election cycle and my house is not on the bypass route. But most of the supporters on this blog are not citing the innocent until proven defense, it is that weed is okay, or "insignifcant wisps". I question where selective law abiding will wind up as it is becoming much more popular these days. And I don't want to be violent to him. Why do you? You don't know me, but understand that I have spoken this many times "Readily will I display the intestinal fortitude required to fight on ...". I do have the history to be good in the endevour that you suggest, but find another person to bash him or harass him.


Evil Elvis's picture
Submitted by Evil Elvis on Wed, 06/03/2009 - 2:52pm.

I appreciate your clarification.

You are correct: I said weed is okay, driving under the influence of weed is not.

I don't share your level of concern about selective obeyance, but hat's no biggie.

You do know I was joking about kicking Horgo in the cubes, right?


The Wedge's picture
Submitted by The Wedge on Wed, 06/03/2009 - 3:06pm.

I understood it was a farce, but I decided to be equally absurd with it. I don't want to be in an intimidating tag team with an "Evil Elvis". are you from his thin days or his fat ones?


Evil Elvis's picture
Submitted by Evil Elvis on Wed, 06/03/2009 - 4:30pm.

I get real nervous on the terlit as years go by.

Smiling


sniffles5's picture
Submitted by sniffles5 on Wed, 06/03/2009 - 4:51pm.

If you have a concern about tapeworm, I suggest contacting JMartinez. He's suffered from tapeworm for so long that he refers to himself as "we" in his posts now. Shocked


Submitted by MacTheKnife on Wed, 06/03/2009 - 6:33pm.

I guess your boy Hussein has a tapeworm too then huh?

LOL .... yes "WE" can..... it's "OUR" time ... chant it marxist boy! Chant you teleprompter worshiping moron! Chant! LOL woooo hooo

Yes We can Oh Bah Mah Oh Bah Mah Oh Bah Mah Oh Bah Mah Oh Bah Mah Oh Bah Mah Oh Bah Mah Oh Bah Mah Yes We Can Oh Bah Mah Oh Bah Mah Oh Bah Mah Oh Bah Mah Oh Bah Mah Oh Bah Mah Yes We Can

Findu Veryfunny's picture
Submitted by Findu Veryfunny on Wed, 06/03/2009 - 11:50am.

the "food chain". No pitchforks, but right is right and wrong doesn't belong.


The Wedge's picture
Submitted by The Wedge on Wed, 06/03/2009 - 11:45am.

"Are we at the stage in our society where we now select the laws we in which we wish to abide?" To answer your question succinctly- yes. A substantial portion of society thinks that their personal feelings overrule the rule of law. They believe in such things as jury nullification and no victim-no crime. They are okay with leaders selectively applying laws that they wish to apply and ignoring others. If a given blogger is not immediately affected by them , then it is okay. This translates to a better society, doesn't it?


Tug13's picture
Submitted by Tug13 on Wed, 06/03/2009 - 8:38am.

He agreed to the county's code of ethics, right? Well, bottom line he didn't follow them.
He asked the deputy "if there was anything we can do to resolve this right here, right now." Wouldn't that be trying to bribe the deputy? He should step down for those reasons.

My opinion.
Tug Smiling


ptctaxpayer's picture
Submitted by ptctaxpayer on Wed, 06/03/2009 - 9:08am.

Tug-- you are right on the money. Whoops that was what Horgan was thinking. I am in total agreement with you; that is worst of all.


Robert W. Morgan's picture
Submitted by Robert W. Morgan on Wed, 06/03/2009 - 4:02am.

Such a stickler for the rules. It is only pot - which should be legalized anyway. Alcohol is far more dangerous and that is legal, well not while driving, but still dangerous for your liver and brain cells. Pot doesn't harm you physically unless you are one of the extremist right wingers who believe it is a gateway drug to heroin and cocaine. Or is that the looney left that believes that?.

Horgan is not the sharpest knife in the drawer, but he has learned one thing from the existing and former commissioners of our fine county and that is -THEY ARE BETTER THAN THE REST OF US AND DON'T HAVE TO PLAY BY THE RULES. THEY ARE ROYALTY.

Now Horgan hasn't perfected that position as well as Smith and Maxwell and the all time winner Greg Dunn, but if he bluffs his way through this one he will be reelected easily and think the voters are fools - and he'd be right.


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