Ethics complaint lodged against commissioner Horgan

Mon, 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

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.
highflyer2's picture
Submitted by highflyer2 on Tue, 06/16/2009 - 6:53am.

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.

I think the same thing every time I see the words "Barack Hussein Obama" !


Submitted by boo hoo cry babies on Tue, 06/16/2009 - 8:06am.

All I hear is yall crying about this topic. Have any of you ever made a mistake? He without sin cast the first stone. And as i do not condone using marijuana while driving but in the privacy of your own home. It is the SAFER choice look at how many people die of liver failure every year. And kill thousands of prople drunk cause you think you can drive to get another case or another bottle Alcohol=Death You people need to wise up.

southern tinkerbelle's picture
Submitted by southern tinkerbelle on Tue, 06/16/2009 - 6:07pm.

Is it too much to ask that someone who is supposed to be REPRESENTING our county not only FOLLOW the law, but also be a man and accept responsibility for his actions? Nobody is judging this man who yes did make a mistake and break the law, but as someone who is an authority figure he is held at a higher esteem therefore there is no room for error in his case. He understood his role & accepted it when he ran for commissioner and we shouldn’t expect any less. My question to you {boo hoo} is what do you suggest should happen to him? Any other Fayette County employee who would have been caught in this same position would have been fired before the story could hit the paper. Why should this man be treated any different?


The Wedge's picture
Submitted by The Wedge on Tue, 06/16/2009 - 8:16am.

Wow, if you are going to take the effort to sign up as a new user, give an email and go through an activation process, I would think that you would come up with something more than this. A tired comparison to alcohol? I imagine that if Horgan was caught in his cups behind a wheel that there would still be a call for his ouster. It is more about the choice for illegal behavior, not the behavior involved.


Nagatsubo's picture
Submitted by Nagatsubo on Mon, 06/15/2009 - 10:35pm.

...are alive and well in PTC. Nice to see a man deemed guilty before he has his day in court. Linch mobs must still be a southern tradition.


Git Real's picture
Submitted by Git Real on Mon, 06/15/2009 - 10:40pm.

I think the word you were looking for was "lynch".

Are You Freer Today Than You Were Before Obama?


JeffC's picture
Submitted by JeffC on Tue, 06/16/2009 - 12:25am.

...


The Wedge's picture
Submitted by The Wedge on Tue, 06/16/2009 - 7:36am.

It is gone, but family ties make me curious. Did this ancestor survive? The history is not clear. Feel free to email me instead of replying


Submitted by Arf on Mon, 06/15/2009 - 9:14pm.

Incredible comments on this issue. Of course Horgan should resign, but beyond that it should be a matter of course that any public official who is convicted of breaking the law should immediately be dismissed. Leaders, government or otherwise, are chosen to uphold the law and are expected to set an example. Having held leadership positions in the private sector, I know that I would have been dismissed for these offenses simply because it is conduct that does not reflect well on the company or the leadership of the company. Living by a higher standard goes with the leadership territory.

A teenager facing these same charges would be hauled to juvenile court, fined, lose their driver’s license, be put on probation and possibly be sent to “boot camp.” A private adult citizen would face a similar fate. A “community leader” in private industry would probably lose his/her job.

How can we have double standards where the leadership of this county are excused and allowed to continue for the same offenses that are considered serious enough for punishment if they are committed by other people?

How anyone can say this is okay is beyond me. Horgan has displayed poor judgement, irresponsible behavior, disdain for two laws, and attempted to cover it all up. This isn’t the kind of behavior that should be allowed to represent the leadership of this county.

Submitted by Spyglass on Tue, 06/16/2009 - 8:59am.

How has he "attempted to cover it all up"?

eodnnaenaj1's picture
Submitted by eodnnaenaj1 on Tue, 06/16/2009 - 10:13am.

Maybe better words than cover up would be sweeping under the rug, wouldn't they all like for it just to go away never to be seen or heard about again.

I totally agree with the folks that ask what would have happened to a teen, or an average Joe off the street. There does seem to be a double standard at work here. If that had been me with a joint while driving I would have had to pay a fine, lose my license, lose my job, consequently lose everything else I have, work on a chain gang, live in a 12 X 12 with big Bertha . . .you know, why not the same for him?


Submitted by Spyglass on Tue, 06/16/2009 - 12:10pm.

Me thinks you stretch the truth.

eodnnaenaj1's picture
Submitted by eodnnaenaj1 on Tue, 06/16/2009 - 12:38pm.

You are absolutely right, but the point is an average Joe would be treated much differently than ole Horgan is being treated.


matt.barnes's picture
Submitted by matt.barnes on Tue, 06/16/2009 - 12:58pm.

Horgan has been charged with a misdemeanor possession of marijuana. As an average Joe, I was once charged with an MIP (Minor in possession of Alcohol) I written a citation, I went home with my friends (no handcuffs, no night in jail, etc.). Later I went to court it was my first offense I plead no-lo. I did not receive a fine. I did some community service with the fine men at PTC public works and I did 6 months probation. That’s it. Mr. Horgan will probably face something similar to me but he unlike me, he has been publicly humiliated, a colleague has asked him to resign and local citizens have now filed an ethic complaints against him. His future in politics is probably over. The way I see it he has been treated much more harshly than if he were an average Joe. Because he is a public official I think that is fair. I think he should be held to a higher standard and the public and his colleagues are doing that.


eodnnaenaj1's picture
Submitted by eodnnaenaj1 on Tue, 06/16/2009 - 1:34pm.

I have to agree with Arf's statements above, especially when my tax dollars are at work - Horgan is an elected official who should uphold the law and set an example, he displayed irresponsible behavior and tried to talk/bribe his way out of it. I believe the "isn't there something we can do right now" is what really irks me the most.

We all are welcome to have an opinion and express it here; some see this as a minor event, others see it as more because he is an elected official who should set examples.


Submitted by Spyglass on Tue, 06/16/2009 - 4:05pm.

We are truly in trouble if we are looking to elected officials for examples. If you know what I mean. Smiling

matt.barnes's picture
Submitted by matt.barnes on Tue, 06/16/2009 - 1:45pm.

Because Horgan is an elected official he should be held to a higher standard and I belive that is happening. A first time pot possesion charge is not that big of a deal for the average joe. You get a slap on the wrist. ( A fine and some probation). But for Horgan his name has been drug through the mud, he has been asked to resign by his colleague, he has to face an ethics review board and his future in politics is probably over. All this and he hasn't even been to court yet. What more could we ask for?


Submitted by AtHomeGym on Tue, 06/16/2009 - 1:24pm.

If folks really care, just Google the subject of this post as written and you will see that the Judge has considerable latitude in handling such cases--including discharge for a first offender; and no loss of driver's license if you take a class within a certain time frame.

The Wedge's picture
Submitted by The Wedge on Tue, 06/16/2009 - 9:05am.

Can't we do something to take care of this right now?

That is my guess for a coverup attempt or a bribery attempt-- but this whole process could be specious. As you have stated, they are still only characterizing this as a misdemeanor-they must not have had the push to go with the corruption charge.


Submitted by Spyglass on Tue, 06/16/2009 - 12:11pm.

A simple misdemeanor charge...two of them actually. Expired tag and less than one ounce of POT. Oh well, I guess hanging is the fair punishment.

The Wedge's picture
Submitted by The Wedge on Tue, 06/16/2009 - 12:16pm.

I saw that as a more appropriate response for Governor Rod, not this guy. Let the process continue on.


Submitted by Bonkers on Mon, 06/15/2009 - 3:46pm.

When PTC officials can drive a cart drunk, throw alcohol on a policeman's foot and not be fired, then this offense is minor, also.
Alcohol abuse is certainly a worse drug than marijuana, yet many of our officials use it profusely and drive.
Let us go to trial, but also let us be fair and even.
So far this man has been acused by one man, a policeman, and is so far not guilty, also.
We elect many of these dudes to office who abuse many things. As long as we do they can serve a term at least. Lawyers for instance would have a hard time passing a close audit of their lives.

Submitted by Spyglass on Mon, 06/15/2009 - 4:41pm.

Yeah, we must rid the streets/paths of these menaces. Someone drinking some wine and driving a golf cart, I'm terrified.

Submitted by Bonkers on Mon, 06/15/2009 - 6:34pm.

I checked but could not find the definition of "some wine!"

Isn't it .08?

Submitted by Spyglass on Mon, 06/15/2009 - 8:05pm.

It must be stopped...so much damage done by golf carters and WINE!!

JeffC's picture
Submitted by JeffC on Tue, 06/16/2009 - 12:08am.


Submitted by Spyglass on Mon, 06/15/2009 - 3:09pm.

Not even anyone with misdemeanor's pending.

Bad judgement, sure, but resign over this, that's just nuts in my humble opinion.

The Wedge's picture
Submitted by The Wedge on Mon, 06/15/2009 - 3:26pm.

if we let go of county employees just for peeing hot, then his resignation or removal from office would be a no brainer. However, if those terminated folks had a review and legal process that was followed, then they should do hte same thing for him. To me this is similar to the Blagojivich(sp?) scandal. He was dead nuts guilty, but they still had to follow the process. But what is good for the goose is good for the gander-he should go through the same thing that his employees were forced to go through


Submitted by Spyglass on Mon, 06/15/2009 - 3:38pm.

Horgan that is...it's a different standard.

The Wedge's picture
Submitted by The Wedge on Mon, 06/15/2009 - 3:48pm.

legitimate question, I assume that it is the county, but I do not know the answer. If he is a member of the head of county government, it is not a defensible position that he is a leader, but do not do as I do. Does he lead from the head or the hind. When General Hooker made the statement that he leads from the saddle, Lee supposedly stated that "he has his headquarters where his hindquarters should be"

Is your reticence more of a function of pot, or would it be for any crime that he would be accused of?


Submitted by Spyglass on Mon, 06/15/2009 - 4:40pm.

I just don't see a misdemeanor being serious enough for someone on the Council to call for his resignation.

Obviously, others disagree.

Honestly, a recall would seem to me the best way to go about this, if folks are really that concerned about having a Councilman in office that has been accused of Misdemeanors.

The Wedge's picture
Submitted by The Wedge on Mon, 06/15/2009 - 8:54pm.

Perhaps it is a personal matter. I understand and can support your thoughts on the entire category of misdemeanors. In that case, I would understand that a recall would be the only good process if the populace desired action. politically I could support that position. Personally, if I were Horgan I would feel honor-bound to resign. If only for the aspect that I should lead from the front and set the example. Of course, since I have been subjected to urinalysis since the age of 17 when my parents signed me into the army, I would not have put myself in this position. My formative years have set me in stone on this regard.


Submitted by Spyglass on Tue, 06/16/2009 - 12:15pm.

Just curious as to where you stand. I understand legalities, etc..but in reality, there is no difference. Should he be forced to resign if he had an open BEER in his truck? Not impaired, but just an open BEER?

Just trying to get folks thoughts..my Dad absolutely would agree, any POT and the world is over for Horgan. But BEER etc, well, that's another story. It's just BEER. Different folks, different strokes.

The Wedge's picture
Submitted by The Wedge on Tue, 06/16/2009 - 12:23pm.

I think that I agree with you on this. If he is charged with a misdemeanor, then let the normal process work. Now personally I am pretty much a teatotaler, but if I got charged with a beer type dui, then I would have felt honor bound to resign. Now am open beer, I would resign for being stupid.

I guess I am kind of legalistic about this. If I were sitting in a restaurant with an open beer, I would be engaged in legal activity. If I were sitting in the same restaurant with a "blunt" then I would be engaged in illegal activity. I view each example entirely differently. To me if is a function of legal or illegal possession. I think sooner or later the blunt will be considered legal and marketed to kids. Meanwhile tobacco will be forbidden. We are a strange lot, aren't we?


Submitted by Spyglass on Tue, 06/16/2009 - 12:27pm.

I cannot see why folks cannot view history and see that Prohibition didn't work. It seems we are going down that path again in some ways.

That said, should be interesting for Horgan. I don't see him getting re-elected in the County myself, but in some strange way, I don't want him to resign either.

Local stuff is the best...in my opinion, that is what this blog is best at.

TinCan's picture
Submitted by TinCan on Tue, 06/16/2009 - 12:48pm.

Since you brought up prohibition, on several occasions I believe, I'm curious where you draw the line on banned substances. Following your logic shouldn't all illegal drugs be legalized? I, personally, am leaning in that direction because I believe the "war on drugs" will never work and the level of crime as a result of these policies will just continue to grow. I know all the augments against that move, but I've developed the opinion, if they want to fry their brains and drop dead, have at it. Just need to keep them off the roads while impaired.


Submitted by Spyglass on Tue, 06/16/2009 - 4:09pm.

Unless you get paid to chase the so called bad guys. Otherwise, I fail to see what good it is going.

I'm for legalizing POT for sure..I have no problems with folks using drugs on their own time for sure. And yes, alcohol is a drug too, and I enjoy an occasional adult beverage or three myself. I don't tread on others while I'm doing so. I'm very libertarian in my views on mind altering substances..live and let live.

Submitted by Insayn on Mon, 06/15/2009 - 2:51pm.

“The people on this board, myself included, answer to the voters of this county." Really? Doesn't sound like you answer to anyone with the decisions ya'll have been making lately. Same with PTC City Council. They must share the same play book.

Submitted by jbcriswell on Mon, 06/15/2009 - 2:44pm.

“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."

Don't we all have to put up with people we didn't vote for?

Submitted by Spyglass on Mon, 06/15/2009 - 3:13pm.

on his part. Not surprising though, I'll say that.

The Wedge's picture
Submitted by The Wedge on Mon, 06/15/2009 - 3:05pm.

But it does show the truth behind most partisan thought. During the Bush administration, I am sure that most committed democrats "feel" that statement, even if they are smart enough not to articulate it. Just as I am sure that most committed Republicans "feel" that statement now. But as we are governed in a republic and have a winner and at least one loser per election, it is a bit of a silly tantrum to articulate. What would people prefer, a benevolent dictatorship?


Voice of Fayette Future's picture
Submitted by Voice of Fayett... on Mon, 06/15/2009 - 2:17pm.

Good for David Cree....He is the same man of courage who filed an Ethics Complaint against Kathy Cox and, I believe, Dan Tennant.

Most people are like Jack Smith, the get-along, go-along good ole boys. No accountability. No, Jack, we don't think you have the power to remove Horgan. But you did have the power to hold him publicly accountable.

If Dan Lakly were alive he would be calling it the way it is. Most of you politicians are just shameless trough feeders.


Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.