Horgan appeals ethics ruling on pot possession

Tue, 11/17/2009 - 4:55pm
By: John Munford

Fayette County Commissioner Robert Horgan is asking a superior court judge to overturn a panel’s ruling that he violated the county’s ethics rules when he was arrested May 23 by a Fayette sheriff’s deputy for possession of marijuana and driving with an expired truck tag.

A group of three county attorneys ruled Oct. 14 that Horgan violated Fayette’s ethics ordinance by not following Georgia law and also that his conduct was unbecoming of a public official.

In his legal challenge, Horgan insists that he should not be held accountable to the ethics ordinance because the arrest was not “related in any manner to his official duties as a Fayette County Commissioner.”

The arrest took place on a late Saturday afternoon as Horgan was coming home from a trip to the Lowe’s home improvement store in Fayetteville, according to a deputy sheriff’s incident report.

The suit clarifies that when Horgan was arrested he was “in his personal car, on his personal time and on a public street.”

The suit was filed last week in Fayette County Superior Court against the authors of the ethics complaint: Patrick J. Hinchey and David Cree, and also Fayette County and the ethics panel which rendered the decision.

Horgan is represented in the case by Peachtree City attorney Rick Lindsey. On Oct. 22, he pled no contest to the misdemeanor marijuana and expired tag charges. He was sentenced to an $800 fine, 12 months probation and 40 hours of community service by Fayette County State Court Judge Fletcher Sams.

Sams also ordered Horgan to avoid any drug or alcohol use for which he will be tested during the probation period. He must also submit to a drug and alcohol evaluation and follow any recommended course of treatment, if any, along with attending a session of the county’s new drug court.

Per county ordinance, a three-member panel of county attorneys from nearby counties was convened to hear the ethics complaint in a public hearing. The three attorneys included Jim Fortune of Spalding County, Robert Morton of Pike County and Tyron Elliot of Meriwether County.

Should the ethics panel’s ruling be upheld in court, Horgan’s fellow members on the county commission will have to determine whether to fine him up to $1,000 and whether to publicly censure him.

Horgan has already survived an attempt by a group of citizens to recall him from office. He has steadfastly refused to resign his post despite continual pressure at commission meetings from several people including former county commission Chairman Harold Bost and Hinchey.

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grassroots's picture
Submitted by grassroots on Thu, 11/19/2009 - 4:11pm.

At first I glanced at this and thought it was an appeal. Today I actually read it and the word SUIT jumped out at me. He's suing the county!! OK ...he's not asking to overturn...he's got lawyers and filed a lawsuit against Fayette County. Let's compromise and settle out of court. If the county commissioners overturn everything he's voted on since busted (like the WFB)let him overturn his ethic ruling and let it go.
http://www.splostpoll.blogspot.com/


Submitted by Save Fayette on Wed, 11/18/2009 - 10:15am.

This is the same Cree Guy who wanted to have a 6 foot security fence around his Front yard in Peachtree City.

Submitted by Citizen_Steve on Tue, 11/17/2009 - 5:54pm.

"Unbecoming of a public official", what a joke. The incident has no bearing on his ethics as a public official. Hinchey and Cree just used it as an opportunity to try to take him out.

Steve

Submitted by yeahwhatever on Tue, 11/24/2009 - 7:33pm.

Just what illegal activity would have to take place for you to believe his conduct was "unbecoming?" Public officials are leaders in the community and as such must accept the responsibility to act in an exemplary manner and set an example for others. Horgan's behavior would be bad enough if he had admitted wrongdoing from the beginning, but his continuing battle to hold on to his position of power and refusal to acknowledge that it DOES matter shine a light on what amounts to a lack of character. Horgan's actions and speech since his arrest are a more telling indicator of his lack of suitability for the office of Commissioner than the poor judgment he exercised in breaking the law in the first place. Your acceptance of this type of behavior in a public official is a sad reminder of the continual downward spiral of the morals and character of our society as a whole. Shame on Horgan and shame on you.

Submitted by PTCGOIL on Tue, 11/17/2009 - 5:39pm.

If a tree falls in the woods and you didn't hear it fall, did it really fall?

If someone were to steal county property using their own car, on their own time, using a public road to escape, they wouldn't be breaking the law either, would they?

Hope Rick Lindsey is charging you through the nose for this.

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