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PTC Manager charged with DUI; will remain in officeMon, 06/05/2006 - 1:25pm
By: John Munford
Peachtree City Manager Bernie McMullen was arrested for DUI Saturday night outside the city’s amphitheater while driving his golf cart, according to a police report on the incident. Peachtree City Mayor Harold Logsdon plans to assume direct supervision of the police department, pending council approval, but McMullen has not been removed from his position, the mayor said in a statement. According to the police report, McMullen was charged with DUI, possession of an open container of alcohol and possession of alcohol in a park, the last of which is a city ordinance. McMullen refused to take the breath test police sought, although he registered a .104 on a preliminary breath test, the report said. Under Georgia law, anyone who registers .08 or more blood alcohol content on a breath or blood test is considered “under the influence.” The initial reading was likely taken with a portable breath alcohol sensor, but a desktop machine is used to record official results. The police report also indicated that McMullen had a glass of wine in his possession at the time of the incident, which was at the conclusion of a concert featuring the Temptations. The City Council met Sunday at 6 p.m. in an emergency meeting — almost all of which was in executive (closed) session — and judging by the timing of the meeting they likely discussed the incident. Another indicator they might have been discussing McMullen’s arrest was that he was not present at the meeting, which is a fairly rare occasion. Georgia law allows public agencies such as the City Council to meet in closed session to “discuss or deliberate” the disciplinary action or dismissal of an employee. But the same law also requires Council to hold the meeting in the open “when receiving evidence or hearing argument on charges filed to determine disciplinary action or dismissal of a public officer or employee.” Council adjourned the meeting without taking any vote or releasing any information on the topic of the discussion. City Attorney Ted Meeker was present to advise council during the meeting. “The council members and I were aware of this unfortunate incident and have discussed it,” Logsdon said in a prepared statement released Monday afternoon. “Bernie has always performed his duties as City Manager in an exemplary manner. He has our full support and will continue managing the day-to-day operations of the city, with one exception. Pending Council approval, I will assume direct supervision of the police department as we continue through the budget process and until the case has been adjudicated.” Logsdon added that the court case will go through the Fayette County State Court rather than through the city’s municipal court. The police report lists the number-three ranking officer at the police department, Capt. Stan Pye, as the complainant. The second-ranking officer, Maj. Mike DuPree, was listed as a witness, though the reporting officer was Sgt. Brad Williams. |