Panel leaves penalties to County Commission

Fayette County Commissioner Robert Horgan in an ethics complaint hearing Monday afternoon was found in violation of two of the three charges leveled against him over a May 23 arrest on misdemeanor marijuana charges. The three-attorney panel did not assess a penalty, saying instead that their decision will be forwarded to the Fayette County Commission.

The ethics hearing was conducted by a panel of county attorneys from Spalding, Pike and Meriwether counties. They heard the three-part complaint that stemmed from Horgan’s May 23 arrest by a sheriff’s deputy on misdemeanor charges of possession of marijuana and driving with an expired tag as Horgan was returning home from the Lowe’s store in Fayetteville.

The panel that included James Fortune, Tyron Elliot and Robert Morton found a violation in complaint #1 that stated essentially that Horgan had not upheld the U.S. Constitution and state laws.

The panel found no violation in complaint #2 that asserted that Horgan had attempted to solicit a bribe after he was placed in the back of the patrol car and asking “if there was anything that we could do to resolve this right here, right now!”

On complaint #3 the panel found a violation in that Horgan’s conduct in the incident was unbecoming to a public official.

The ethics complaint alleges that Horgan tried to elicit special treatment once he was placed in the back of the patrol car. The complaint also alleged 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 due to his possession of an unlawful substance, the use of an unlawful substance while operating a motor vehicle and stating a lie to an officer.

The three-part ethics complaint filed by Pat Hinchey and David Cree revolved around Horgan’s possession of marijuana charge and his words to the officer at the scene. Only Hinchey was called to testify Monday.

He said Horgan’s conduct in the matter violated the county’s ethics ordinance by lying at first about the presence of any illegal substance in his vehicle during the traffic stop then asking the officer if there was anything that could be done to resolve the situation.

Horgan was the only other person called to testify. Attorney Christy Jindra curtailed his client’s comments when being questioned by attorney Dennis Davenport over the specifics of the May 23 incident. Jindra noted the upcoming criminal proceedings over the misdemeanor marijuana charges, which effectively ended Horgan’s comments.

The three-attorney panel took little time to arrive at a decision. Speaking for the panel, Fortune noted the violations in two of the complaint sections. Fortune said the panel believed it was their charge to communicate its findings to the county commission rather than assessing a penalty.

Horgan faces possible reprimand and up to $1,000 in fines by the commission. He is also facing misdemeanor charges for the marijuana possession and expired tag charges.

In a related matter, an effort to recall Horgan from office died in a LaGrange courtroom Aug. 28 as Superior Court Judge A. Quillian Baldwin ruled that Horgan’s May 23 arrest for possession of marijuana was not connected to his position in office and therefore the recall petition was insufficient.