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Ethics complaint lodged against commissioner HorganMon, 06/15/2009 - 2:00pm
By: John Munford
In addition to being asked to resign by a fellow Fayette County commissioner, Robert Horgan now has had an official ethics complaint filed against him following his May 23 arrest for misdemeanor possession of marijuana and driving with an expired tag. It was revealed Thursday that county commissioner Eric Maxwell previously has asked Horgan to resign in light of the criminal case against him. Maxwell said his position was shared by an “overwhelming” amount of dozens of Fayette residents and a number of county commissioners from around the state. “... The only reasonable, the only honorable and the only justifiable action that should be taken is the immediate resignation of an elected official who violates the public trust,” Maxwell wrote in a letter that was circulated at Thursday’s county commission meeting. On Monday two residents took Maxwell’s emotions a step further by filing an ethics complaint against Horgan. David Cree and Patrick Henchey, both members of Fayette Citizens for Open Government, allege that Horgan violated the county’s ethics ordinance by lying at first about the presence of any illegal substance in his vehicle among other actions during the traffic stop conducted by a Fayette County sheriff’s deputy on Stanley Road near Gingercake Road. The complaint alleges that Horgan tried to elicit special treatment by asking the deputy, once Horgan was placed in the back of the patrol car “if there was anything that we could do to resolve this right here, right now!” The deputy’s reply was no, according to the deputy’s report of the incident. The complaint also alleges that Horgan’s actions leading up to and during the traffic stop amounts to “a breach of the public trust by conducting himself in a manner that was unbecoming to an official of the county, to wit: possess an unlawful substance, use an unlawful substance while operating a motor vehicle on a public highway, lie to a law enforcement officer and solicit special treatment that would place his personal situation ahead of the public’s right to know.” Because the complaint is lodged against a county commissioner, the commission will not be debating the ethics violation. Instead, a three-member panel consisting of county attorneys “within reasonably close geographic proximity to the county” will conduct a public hearing on the matter with a majority vote determining whether or not an ethics violation occurred. Should Horgan be found guilty of violating the county’s ethics code he could be fined up to $1,000 and also face a public reprimand. In a press release this afternoon, representatives of the Fayette Citizens for Open Government watchdog group claim that the group believes Horgan has violated the county’s ethics code and should resign. “While Fay-COG believes Mr. Horgan should immediately resign, we feel that his fellow Board members should, at a minimum, publicly censure him, impose the maximum fine allowed in the Code of Ethics and remove him from any Board appointed committees and boards,” according to the news release. Commission chairman Jack Smith, speaking at Thursday night’s meeting, said he has been “personally chastised” for his and the board’s lack of taking action in light of Horgan’s arrest. Smith said the board has no power to remove a sitting commissioner. “There seems to be a lot of misunderstanding about what this board should and should not do,” Smith said. “... I want the public to understand that this board is not the judge and the jury. The people on this board, myself included, answer to the voters of this county. We do not answer to each other. ... Absent of a felony act it is only the voters of this county who can remove us.” Nevertheless, several citizens at Thursday’s meeting urged Horgan to resign and for the other commissioner to take action. “That seat for as long as its occupied is a casualty of poor judgement,” said resident Robert Ross, before asking the commission to take action. “... Whenever you pass by a problem and don’t correct it, you’ve just established a new standard. Don’t let this become a new standard for Fayette County.” Ross’ remarks drew raucous applause from a number of residents in the room, as did other similar comments during the public comment portion of the meeting. Resident Aisha Abdur-Rahman concurred that Horgan should resign. “I am appalled that commissioner Horgan has not resigned his position,” Abdur-Rahman said. “It is bad enough in my opinion that we are forced to be represented by someone who we did not vote for. But now to have to be represented by somebody who is an admitted criminal, you know, is just beyond my belief.” Abdur-Rahman also criticized Horgan’s initial statement following the arrest in which Horgan indicated he hoped to handle the matter as a family affair. “When your family is paying you, then it’s a family affair,” Abdur-Rahman said. “When my tax dollars are paying you, it involves me.” login to post comments |