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Should Horgan resign after pot bust?Tue, 06/02/2009 - 3:44pm
By: John Munford
Busted for pot, Post 1 commissioner declines to step down; ethics charges may follow. Editorial column: Horgan violated county ethics code Letters: readers call for resignation Several citizens have inquired about filing an ethics complaint against Fayette County Commissioner Robert Horgan, who was arrested May 23 for smoking marijuana in his truck on Stanley Road outside Fayetteville, officials said. Five days following his arrest Horgan appeared at the regularly-scheduled county commission meeting, announcing his intent not to resign but to remain in office and “restore the public’s faith” in him. Horgan is charged with misdemeanor marijuana possession and also for driving with an expired tag. According to a detailed report from Dep. Justin Storm, who conducted the traffic stop, Horgan made a plea after he was handcuffed and placed under arrest. “While Horgan was sitting in the back of my patrol vehicle, he asked Deputy J. Davidson and I ‘If there was anything that we could do to resolve this right here, right now!’” the report said. “I told him no.” Afterward, Horgan was taken to the Fayette County Jail. The report does not indicate whether or not Horgan identified himself as a county commissioner, nor whether the deputies may have recognized him as being a county commissioner. The vehicle, registered to Horgan’s business, Mr. Transmission, had a tag that expired April 30 of this year, according to the deputy’s report. The expired tag was the deputy’s initial reason for pulling Horgan over, but upon reaching the truck the deputy detected the smell of marijuana. Horgan admitted to the offense and consented to a search of the vehicle, telling the deputy where the marijuana was, officials said. In addition to a fine of up to $1,000 and a potential of up to a year in jail, Horgan also faces losing his driver’s license for up to six months on the marijuana charge. However, the judge will also have the discretion of putting Horgan on probation for up to five years without a guilty adjudication for purposes of him participating in a “comprehensive rehabilitation program.” Should Horgan be found to have violated the county’s ethics ordinance, he faces up to a $1,000 fine and a written reprimand or public censure. Under the county’s ethics ordinance, employees and elected officials should “never engage in other conduct which is unbecoming to an official/employee or which constitutes a breach of public trust.” Commission Chairman Jack Smith said it is his understanding that the only way Horgan could be removed from office is by an action taken by Gov. Sonny Perdue. Meanwhile, Horgan’s presence casts a shadow over the entire board of commissioners, and several citizens asked him to resign at Thursday night’s meeting. Larry Torley, a resident of Ponderosa Court, said elected officials must engage in proper conduct and act as a role model for children. “One of your members, Mr. Horgan, has conducted himself in such a manner that he has brought shame on this board,” Torley said. “His only honorable recourse is to resign.” Resident Pat Hinchey said he has a hard time raising children to make the right decisions in life when rock stars get in trouble yet don’t face consequences. “And in my own back yard, there are no consequences once again. This is a very difficult thing to swallow,” Hinchey said. “Mr. Horgan stated that he wanted to do anything and everything to regain our respect. I suggest the only thing he could do that would be right is to get out of the way. This board is under a great deal of scrutiny. This board is under a big cloud.” Fayette County State Court Solicitor Jamie Inagawa said Tuesday that he will be asking the state attorney general to appoint a special prosecutor for the case, as he intends to recuse himself. Inagawa said he has not yet done so because the case has not been forwarded to his office for prosecution. As a commissioner, Horgan makes approximately $24,000 a year. login to post comments |