Busted for pot, Horgan hangs tough as contentious meeting looms

Editorial column: Talking pot, blowing smoke behind closed commission doors (CLICK HERE)

So far no one has filed an ethics complaint against Fayette County Commissioner Robert Horgan following his May 23 arrest for misdemeanor possession of marijuana and driving with an expired tag.

The Fayette County NAACP, however, is urging citizens to attend Thursday’s county commission meeting to express their views on the matter. The meeting begins at 7 p.m. at the county’s Stonewall government complex in downtown Fayetteville.

Horgan, as an elected official, has an immunity not afforded to county employees: he can’t be fired. Last year two county employees were terminated for violating the county’s drug policy: one who tested positive for marijuana and another who tested positive for alcohol, according to county records. Both violations were discovered after random drug tests.

Four other county employees also tested positive last year for drug abuse. Of them, one resigned and three returned to work after participating in a rehabilitation program, according to county records.

The employee who resigned had tested positive for alcohol after a test was requested for “reasonable suspicion.”

Of the three retained employees, one tested positive for marijuana during a random drug test, one tested positive for alcohol during a random drug test and one tested positive for alcohol after a test was requested for “reasonable suspicion.”

The drug tests are administered by specially-certified officers with the Fayette County Marshal’s Office. A total of 325 employees, roughly half the county’s work force, were subjected to random drug screening in 2008.

The county also administers drug tests to potential employees before they are hired.

Should an ethics complaint be filed against Horgan, the most penalty he could face would be up to a $1,000 fine and a public censure.

Some have wondered why Horgan was not also charged with DUI since he admitted to smoking marijuana while driving his pickup. Fayette County Sheriff Wayne Hannah explained that the deputy did not detect any signs of impairment, such as weaving or erratic driving, before Horgan was pulled over.

Absent any evidence of impairment, a DUI charge cannot be sustained, Hannah said.

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.

For the marijuana charge, Horgan faces a fine of up to $1,000 and a potential of up to a year in jail. He also could lose his driver’s license for six months.

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.”

Horgan, five days after his arrest, appeared in his official capacity at the May 28 County Commission meeting, indicating he did not intend to resign but instead wished to work to regain to restore the public’s trust in him.

Moments later, Horgan endured a barrage from several residents demanding that he resign his post. Horgan did not respond to their complaints and also declined an interview with The Citizen following the meeting.

In a news release, the NAACP lauds the Fayette County sheriff’s deputies for doing “the right thing” in charging Horgan instead of letting the matter slide.

“Other people in Fayette County have been punished and forced out of school or a job for possession of illegal substances and Mr. Horgan deserves equal treatment,” the NAACP letter stated.

The organization also said that had the county used district voting, in which a commissioner is elected to represent a geographic area, it would be “more cost effective” to try and file a recall effort to remove Horgan from office.

Filing ethics complaint is simple for any citizen

Filing an ethics complaint against a county official or county employee is a pretty easy, straightforward process.

The complaint, in writing, must be filed with the county clerk’s office. It may be turned in during regular business hours at the county’s Stonewall government complex in downtown Fayetteville, across Ga. Highway 85 from the historic Log Cabin occupied by the American Legion.