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

View arrest report.

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.

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Submitted by Spyglass on Sat, 06/06/2009 - 7:06pm.

NO.

Spear Road Guy's picture
Submitted by Spear Road Guy on Fri, 06/05/2009 - 1:29pm.

If the guy would settle for castration, I’d have no problem leaving him in the post. We don't need his kind reproducing.

Vote Republican


Submitted by mcgloryl on Sat, 06/06/2009 - 9:44am.

Really now.

ptctaxpayer's picture
Submitted by ptctaxpayer on Fri, 06/05/2009 - 4:05pm.

Spear Guy---- will you settle for a simple vasectomy? The Chamber of Commerce and the Road Investors will fund it !


DarkMadam's picture
Submitted by DarkMadam on Fri, 06/05/2009 - 7:20am.

If everyone is debating if this guy should resign after this, give this a minute thought... How about his employees at his two businesses? Does he drug test them? Does he care if they are clean when they are working on your cars? How in the world can he tell them "do as I say, not as I do"? Oh wait! He is a politician! Do you trust him to be in this position to vote on what is "good" for the county? Also, how can you trust that the two businesses he owns and runs are a drug free work place? Do you want your kids in vehicles that he has worked on? Just a little food for thought. I just thought that this was an area that no one seemed to be mentioning. Please note that I am in no way accusing any of his employees of being anything other than hard working people. I am just questioning his ethics as a business man as well as his ethics as a county employee. Someone in the know out there has to know if there is a "zero tolerance" within the county employment. If there isn't there should be. With the unemployment rate as high (pun intended) as it is, businesses in Georgia have the right and the duty to let anyone that violates policy go and replace them with another person. Why can we not do the same thing to him as citizens?


Submitted by Howard Beale on Thu, 06/04/2009 - 3:55pm.

It's doubtful Horgan or any other weed smoking republican would even hold that seat if we had district voting.

Submitted by Dondol on Fri, 06/05/2009 - 1:35pm.

Spoken like a true Democrat! That I would say probably lives in North Fayette. As for the "weed smoking republican", you need to check around, many more Dems smoke the stuff than Republicans!

Obama's weapon of Choice!

Git Real's picture
Submitted by Git Real on Fri, 06/05/2009 - 8:52pm.

Mr. Beale has no problem with the weed per say. He's just simply against any Rebpublican.... weed or not. Mr. Beale has no problem what-so-ever with with weed smoking democrats. Actually old Beale is single issue voter.... 'Districts'.

Visualizing Obama's Budget Cuts


Gene61's picture
Submitted by Gene61 on Fri, 06/05/2009 - 12:22pm.

First off, I don't know if Horgan is a republican or not. Second, Political party has ZERO to the choices the man made that evening..

A crime is a crime, bottom line..


Submitted by PTCBernie on Thu, 06/04/2009 - 3:45pm.

....is that of the voters. Let them decide if they want to return him in the next election. Other than that, let the man do his job until then.
B

Submitted by 30YearResident on Thu, 06/04/2009 - 2:32pm.

If elected officials had to resign for every traffic ticket they received or mistermeaner they were charged with, we wouldn't have very many left.... especially in Washington (wait, that may be a good thing!!)

But in Fayette County, no, he should not resign.

I'm sure Mr. Beverly was having giggle fits when he heard of this and fell all over himself writing his editorial so someone like Ms. Wells or Mr. Dunn could (hopefully) return to the commission. But that would be worse for this county than anything Mr. Horgan has been charged with.

Many of us have mistakenly allowed our drivers license expire, our car tag expire, etc., so let him pay his fine and forget this.
As far as the "less than one ounce" possession, what's the big deal??

This is a personal issue.

He did noting wrong while carrying out his duties and responsibilities as a Commissioner.

Submitted by Resident A on Wed, 06/03/2009 - 5:57pm.

The biggest offense that Commissioner Horgan committed was failing to pay his taxes! As a county commissioner, I find such inexcusable. As far as the marj. poss., I don't think mis. poss. of marj. reflects on his character for truthfulness and veracity. If the crime he was accused of was fraud, or a serious felony, I think his character could be more easily called into question. I understand the marj. was found in his truck, and that he had been smoking in his truck, but we was not charged with DUI. There is no public safety issue when someone smokes pot on their own time, and is not driving under the influence. However, I do believe he should resign. His continued presence on the board will be nothing more than a distraction.

Submitted by UrKidding on Wed, 06/03/2009 - 8:54pm.

marj is illegal so if he had enough for a felony you would change your mind. Who said he didn't at home? Is he dealing? Fine line you walk...illegal is illegal don't you think. Who said he was caught before it became a "public safety issue"? I also liked the "smokes pot on thier own time" statement. You can have a beer on our own time and that is legal but smoking marj own our own time is still illegal. Duuu

secret squirrel's picture
Submitted by secret squirrel on Thu, 06/04/2009 - 6:14am.

You're beginning the slide down the inevitable slope of moral relativism with this silly argument (illegal = bad; legal = okay). At one time, alcoholic beverages were illegal. The justification for that used the same rhetoric and appeals to emotion that arguments against drug legalization use. At one time, LSD was legal (see Sandoz Laboratories). Same with MDMA, cocaine, opium, etc. Nicotine crosses the blood-brain barrier as does alcohol and both produce similar pharmacological and physiological effects that illegal substances do yet remain quite legal and lucratively so. The line of morality in this debate was drawn unjustifiably arbitrarily.


ImJustSaying's picture
Submitted by ImJustSaying on Fri, 06/05/2009 - 7:30pm.

Consider lightening up people!! There was a time in this country when pot was legal and alcohol wasn't. I wasn't alive, however I'm aware prohibition didn't work out so nicely. I've always thought we (society included) should learn from our mistakes. I'm a hard working, home owning, tax paying, responsible voter, and some say a nice guy and a good neighbor. I pay my bills. I go to church. I've never been arrested. My kids are making A's in college. After smokin' a little herbie dubois, I'm gonna make sure I pay my car tag tax on time! It bothers and amazes me that my country is $pending $o many dollar$ to keep me from smoking a little weed. The "WAR on drugs", OMG!! That my country/state/county/city prohibits my pursuit of happiness and wants to put me in prison with mother rapers and father stabbers kinda pisses me off. Make love not war! I question the motivation, the logic, and believe the premise to be seriously and obviously flawed. Legalize it, tax it, get the real criminals out of the picture. I know the country/state/county/city could use the revenue. You elected boys and girls are doing a bang up job running things the way they are (not).

As for Mr. Horgan, some have said he'll suffer no consequences. I disagree. He should and will suffer the judicial process just like the next guy. His ethics? Who am I to judge, we have a lot in common. His example? It's a pity for him, his family, possibly his business, and for us. I don't think him criminal. His intelligence? Well....

Let the voters decide.

Lighten up..a bit. You might like it.


The 5-0's picture
Submitted by The 5-0 on Wed, 06/03/2009 - 4:36pm.

If he is found guility in court, then yes, he should leave (or be fined for an ethics violation).
If he is found innocent in court, then he should be allowed to serve out the rest of his term and let the voters decide if they want him back or not.


Evil Elvis's picture
Submitted by Evil Elvis on Wed, 06/03/2009 - 4:44pm.

Let it go to trial? Your pro-crime stance sickens me. If you had any guts whatsoever, you'd be stomping Horgo's cubes with Wedgie 'n me.

Just admit you're pro-crime, pro-hairplug, anti-weave and possibly both commie and homo -- and I don't mean ecce, vato.


The 5-0's picture
Submitted by The 5-0 on Wed, 06/03/2009 - 4:49pm.

I reckon if I switched to the anarchists then that would save me some $$ in dues that I'm paying to the RNC.
(Not like I'm seeing that money going to good use anyway!)


SPQR's picture
Submitted by SPQR on Wed, 06/03/2009 - 1:26pm.

He screwed up. Therefore he is a screwup. Although he may be in good company it would be best if he simply went away.


Shoebox's picture
Submitted by Shoebox on Wed, 06/03/2009 - 1:19pm.

Take the consequences. In this case, get put out of office.


Submitted by ginga1414 on Wed, 06/03/2009 - 10:17am.

All five of our County Commissioners made the decision to run for public office. When they were elected and took the oath of office, they made the decision to uphold the laws and ethics requirements of the County. Or did they?

I think not. Like I've said before, it takes a whole lot of gall, nerve, and arrogance to stand before the public and blatantly disregard the laws and ethics requirements that everyone else has to uphold. And, that is precisely what Chairman Jack Smith and our other County Commissioners did when they condoned Mr. Horgan's actions.

I have come across a lot of arrogant people in my lifetime, but our Board of Commissioners, as a whole, are beyond arrogant. The decisions they all have made regarding Mr. Horgan's arrest have shown us they have little or no regard for our laws and ethics requirements. If they make the decision to disregard or overlook when one of the Board breaks public laws and ethics requirements, then how can we expect them to make other decisions that in the best interest of this County? Do we really want that kind of decision capability deciding how to spend $115,000,000 of our SPLOST money. Do we really want them deciding to bulldoze homes and property?

I think the citizens of Fayette County deserve better.

Submitted by Vernon on Wed, 06/03/2009 - 10:16am.

It's no big deal that someone smoked a little pot, however, it is illegal (another seperate discussion). If he was impared while driving, he should be dealt with as if he were drinking. As a commissioner, he sets county policies and rules for others to follow. If any county employee is tested at random for drugs / alcohol and if anything is found in their system - they are fired. So what this amounts to is that under our present laws / rules, a person trusted and in a position to enforce these laws & rules on others, broke 2 of these laws / rules. He should be punished just like anyone else, or the next time a county employee smokes a joint and gets tested days later and it is found in their system, just let that person say "I'm Sorry".

Submitted by MikePatton on Wed, 06/03/2009 - 2:32pm.

but smoking pot while driving is not anywhere near as impairing as driving drunk, sorry.

Tug13's picture
Submitted by Tug13 on Wed, 06/03/2009 - 8:59am.

Read my response to Cal's blog. (if you want to know my opinion of why he should resign)

Tug Smiling


secret squirrel's picture
Submitted by secret squirrel on Wed, 06/03/2009 - 8:33am.

I'm bothered more about Horgan's expired tag than a ridiculously trivial and meaningless wisp of pot. Pay your tag taxes like the rest of us, commissioner. That said, there have been and are politicians throughout Fayette and this general area who have committed much greater offenses towards the greater public good than a guy with a tiny amount of plant material.


Submitted by Save Fayette on Wed, 06/03/2009 - 8:03am.

No, Do Not resign
Mr. Horgan stay the course.

Submitted by MrDinghy on Wed, 06/03/2009 - 8:02am.

Come on People. Smoking pot ! Everybody has a skeleton in the closet ! No one is perfect. I think the embarrassment and fine are sufficient. Just remember the next time you make a mistake.

Submitted by pomsmom on Tue, 06/02/2009 - 10:55pm.

Yes he should go away. Just because he didn't kill anyone doesn't mean that next time will be ok. He should not drive while impaired by anything. Alcohol,pot,drugs or too much caffine. I am sure that pot will be legal during the lifetime I have left, but even if it was legal he should have ask for a ride or called a cab. He broke the law at least twice that day. Possibly 3 times depending on what he said to the officer about making it go away. Any un-elected couty employee would be gone already.

Submitted by wayne1927 on Tue, 06/02/2009 - 8:53pm.

Lets see ,, he didn't kill any one ,, no one got hurt ,, The sheriffs dept kept one more expired tag offender off the streets ,, I feel so much safer now that tis major threat to society is off the streets & his life will probably be ruined !!
How many good people are we going to give criminal records because they smoked a little pot ?? A year of jail time , big fine , lost job !!
I feel so much more secure now knowing law enforcment is checking every possible place to catch someone smoking weed !! If they were doing what they should be , maybe the crime rates would go down instead of up , but smoke that weed and that'll fill up the jails & they can go back to Duncan's for dounuts !!
I feel so much safer now !! Thank you for getting this evil off the streets !!

Submitted by mcgloryl on Thu, 06/04/2009 - 12:04pm.

I like this.. Most cops when they pull people over for weed, Stick some in their own pockets... And DONT deny it... What is good for the goose is good for the gander... God made pot, Man made alcohol who do you trust.... Weed does serve alot of help to alot of different aliments.. Society has made the plant illegal. The plant is here for a reason and is not going away any time soon... It is time for a change in society as far as the little green plant is concerned.

Gene61's picture
Submitted by Gene61 on Tue, 06/02/2009 - 9:50pm.

Ruined? He has a good income from countthem 2 businesses. If the idiot can't keep up with the tags on his OWN company vehicles, how in the world can we expect him to do the people business?

If you judge acts of crme by saying, well no one died,or was hurt, then hell lets rewrite all the laws then. Come on, where would you like to start? Routine stops like those for tags ofenlead tofurther charges, due to the fact its one of many signs officers look for.. I have found in my experience that usually it leads to failure to maintain proper insurance , but hell thats not killing anyone huh? Not important at all, snicker..

Heck lets take bribery off the books, let elected officals offer public servants whatever they want at our ( taxpayers ) expense, sure.. Cause you know he didn't kill anyone...

I'm afraid you can't see the forest for the trees.....


muddle's picture
Submitted by muddle on Tue, 06/02/2009 - 6:18pm.

Nope.


Cyclist's picture
Submitted by Cyclist on Tue, 06/02/2009 - 5:55pm.

I suspect he'll make that call. The real nifty thing is that I can vote for someone else.
-------------------------------------------
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carbonunit52's picture
Submitted by carbonunit52 on Tue, 06/02/2009 - 7:18pm.

He should not resign. I am supporting the elected office, not the individual. To resign because a few people think that you ought to would create a bad precedent by making it too easy to get rid of or intimidate future office holders. Of course, when the election comes around, I will most likely vote for someone else.

It's not easy being the carbonunit


ptctaxpayer's picture
Submitted by ptctaxpayer on Tue, 06/02/2009 - 7:35pm.

Wow...I gotta put a muzzle on this response. Between Jack Smith and the Chamber and 2009 Rubber Sheets contender Carbonunit, where do I start ? Great combo--- you have the Chamber and NORML desperately propping poor ole Bob up.


carbonunit52's picture
Submitted by carbonunit52 on Tue, 06/02/2009 - 7:45pm.

and see where this goes.

It's not easy being the carbonunit


Submitted by ptcmom678 on Tue, 06/02/2009 - 5:41pm.

FOLKS - unless you have led absolutely perfect, blameless lives, you have no business casting stones. He got caught and because he is a public official, it's all over the news. Ever had a traffic ticket? Got caught in a lie, even if a white one? If you have, then hush and be grateful you're not an elected official.

And surely, your kids will not be led to make the wrong choice because of a local official if you've raised them right. Local officials just do not have that much influence over kids' choices. Kids recognize that politicians are human beings unless they've been remiss in reading the paper or watching the news...or living under a rock.

Gene61's picture
Submitted by Gene61 on Tue, 06/02/2009 - 9:06pm.

This has nothing to do with us.. If we were arrested it would be a matter of public record. So the line " because he is a public official, it's all over the news ". Is a cope out.. You dont have to make the news to make up your mind to do the right thing..As for casting a stone, yes we all are given the right of free speech, Therefore our opinions as voters, taxpayers and citizens has noting to do with oursins.,We have the right to comment, and thus do so. These politicans take oaths, we have the right to hold them accountable. I wasnt the one trying to offer a bribe in the form of " hey can we work this out now " to cover up a crime.

Local officals effect us everyday to believe otherwise is simply invalid. Said my peace on this eubject, hopefully something can be done to remove Mr. Horgan one way or the other.


grassroots's picture
Submitted by grassroots on Tue, 06/02/2009 - 6:17pm.

I haven't weighed in until now. I feel the same about his personal life. But how will he vote for the public? Will he vote the way of the Sr chair, Mr Smith, regarding a $15 million dollar project (WFB) on condition he's NOT ASKED to resign or to take a leave? We'll never know.


Submitted by snapfinger on Tue, 06/02/2009 - 5:17pm.

Yes, Robert Horgan should resign. He alone is responsible for his actions. Two questions he should be asked: 1) Who is the dealer from whom he purchased the marijuana? 2) What if he had had an accident and killed or seriously injured someone? Being sorry isn't enough. He is an elected official and did not live up to his responsibilities as a public servant. He is not to be trusted with the public's confidence and he should do the right thing.... resign.

Gene61's picture
Submitted by Gene61 on Tue, 06/02/2009 - 4:56pm.

Yes, Horgan should resign. But its clear given his actions at the last meeting, he will not do so. So my suggestion is to call and write Gov.Sonny Perdue office asking him to assign someone look into the matter.

My hope is that the Gov's office will step in, maybe put pressue on Horgan to resign.ITs more than the reason why he was stopped, but that it sems clear from the report Horgan was looking to " work something out " which seems like he was going to use his position in some matter to keep this incident under wraps..


Submitted by R on Tue, 06/02/2009 - 7:49pm.

Yes, he broke the law. The Board of Commissioners are not above the law. If it takes getting the Governor involved then I hope everyone will call the Governor's office or send an email. I am glad to be counted in that number.

Use Your Head's picture
Submitted by Use Your Head on Fri, 06/05/2009 - 6:50am.

1. Let him be treated by the legal process just an any other citizen would - without favor.
2. Let him decide whether to resign or not.
3. Let the citizens of Fayette County make their decision on the matter at election time.

The End.


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