After a DUI on a golf cart, what should happen to PTC Manager Bernie McMullen?

Mon, 06/12/2006 - 8:39pm
By: The Citizen



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PTC Guy's picture
Submitted by PTC Guy on Mon, 07/03/2006 - 10:37pm.

A golf cart accident can be very serious.

A read on the subject.

Note the stats.

-----------------------------
Keeping it real and to the core of the issue, not the peripherals.


HotelGuy's picture
Submitted by HotelGuy on Mon, 07/03/2006 - 9:48pm.

They should let it go. The humiliation of the bust combined with the cost and time he will loose dealing with the DUI schools, fines, courts etc...is enough punishment. Personally, the whole deal gets me agrevated. Had it been an automobile capable of traveling 80 mph that is a different story.


bad_ptc's picture
Submitted by bad_ptc on Mon, 07/03/2006 - 10:27pm.

In 1968, the State of California came out with a driving statistic that for some unknown reason I’ve remembered. It goes like this: If you’re in a car traveling at 60 MPH and hit a brick wall, you’ll be dead in .6 seconds. Now remember, we’re talking about when cars were made out of STEEL!

A golfcart can legally go 20 MPH, Gem cars can go 35 MPH, and they’re made out of fiberglass/aluminum and most don’t have airbags or seatbelts.

Now lets add a BAC of what, .12, and you have a receipt for disaster. That’s if we’re lucky enough he hits a tree. What do you think happens if he hits your kid? Do we get to lynch him on the spot?

We all want a safe and pleasant community to bring up our kids. How about we start with one of the fundamental things that makes PTC PTC?

As far as punishment, I agree, let the court decide.

If you have the time to do some reading, go and Google “golfcart, DUI”.

The city Mgr. should hire this guy.
http://www.drunkdrivingdefense.com/cases/case24.htm


Submitted by thebiggun on Mon, 07/03/2006 - 9:56pm.

Hey hotel guy I would guess you stay in one a lot to use that handle. It is not the DUI that is Bernie"s problem, it is him trying to use his office to get out of it. A drunk is a drunk not matter how you shake them.

He needs to go along with all the drunk elected officals that support his actions. We do not need the good old boys running our city any way they think they can. I bet you like to drink and drive, Don't you ? Hope you wind up in the same jail cell as he did.

I want my city to be safe for my family. Grow Up And Sober Up !!!!

G35 Dude's picture
Submitted by G35 Dude on Mon, 07/03/2006 - 11:59am.

Only in PTC would this even be an issue !!!! *LOL* Next you guys will want air bags and seat belts installed on your carts !!! Fine the man the same as you would any other resident of PTC so that you can collect the revenue and let him go back to work. Same any other citizen !


Submitted by thebiggun on Mon, 07/03/2006 - 10:00pm.

Hey G35 Dude we need the revenue. Maybe he can make payment from his city pay check.

Submitted by GoldenRule on Mon, 06/26/2006 - 9:32pm.

You know, you don't ask a question in a poll. "What's the big deal?"

What's the big deal? I don't know Bernie, but, this poll is a violation of The Citizen's own Terms and Conditions. " No personal attacks on private persons." I'm not sure if Bernie has officially been convicted of a DUI. He'll probably take this to State and have it dropped to a Misconduct charge.

I'm not saying he wasn't wrong in his manner, but where's the poll asking whether or not he should have been offered a taxi ride home? First thought on this was obviously, no, they shouldn't have offered a taxi ride home, but then I realized, they would have been doing their duty for the community by keeping the community safe from a presumed impaired golf cart driver at the same time following the Golden Rule.

Submitted by 30YearResident on Sun, 07/02/2006 - 4:50pm.

First of all, I don't live in PTC (thank God), but anyway, here's my comment...

Applying the same DUI limits to golf carts as are applied to automobiles is DUMB.

A person that blows an 08 to 10 on the highway is one thing, but one that does it on a GOLF CART is something totally different. Why do you think folks drive their golf carts to the Fred? Becaues they're going to have fun and enjoy themselves and have a bit of wine or beer. Wouldn't you want them driving home on a GOLF CART at 10pm at night than on the highway?

I my humble opinion (and everyone has their own), I think PTC should use this opportunity of readdressing the ordinance and rewrite to something more practical. I'd say a 1.2 (which use to be the reasonable alcohol limit on the highways before the fanatics got hold) is much more reasonable for a GOLF CART.

My God folks, somebody in Government needs to start using some reason and logic and stop being so doggone politically correct in everyt decision that comes down the pike.

But then again, these are "Revenue Generators" for PTC, which is the driving factor on all Government decisions lately.

Submitted by Firedup on Sun, 07/02/2006 - 9:44pm.

Let me use "reason and logic" as referred to by you in your blog.

The City Manger is vested with no special privileges that grant him the right to drink and drive. This has nothing to do with being politically correct. It has everything to do with doing the right thing and obeying the laws (both city ordinances and state law). This could be an ethics complaint.

Police Officers should take action against anyone who abuses the open container and DUI laws (golf cart or automobile). I consider that reasonable and logical, as does the State of Georgia and our local ordinances.

Lesson of the day, don't use your job to avoid arrest (reason and logic). That creates intimidation and a hostile work environment. I think I just brought out another ethics complaint.

Call me "dumb", but people who drink above the legal limits and opt to drive present a potential risk to public safety. That's why we have laws to protect us and that's why the limits are what they are. They are there for a reason 30YearResident. Its called public safety and reducing potential injuries or death that can result from any motor vehicle accident. Do some national research concerning recreational vehicle accidents. It might surprise you.

Not all the "folks" who bring golf carts to the Fred intend on over drinking and driving away. Maybe you do that. If so, I'm glad you don't live here. We don't need another drunk driving around our trails. Some drink water and some drink alcohol responsibly and have a designated driver (reason and logic).

People who drive DUI are putting me, my family and other citizens at risk (reason and logic). These people deserve nothing more than to go to jail. Unfortunately, a city council member will not be available for the average Joe or Jane to help bail him or her out of jail.

Call me "dumb", but have you every heard of getting a cab. PTC does have cab service you know (more reason and logic)

Be considerate and responsible if you’re going to drink. The City Manger should have learned this golden rule a long time ago.

Do you really think that the City Manager will generate revenue for the city? Not likely, especially when the Mayor and City Council have pledged their full support to him.

Submitted by 30YearResident on Mon, 07/03/2006 - 7:20am.

Firedup... wow, you WERE fired up... but maybe you'd better calm down and go back and read my original post again. You seemed to respond to things that weren't there.

First, I never said a thing about any specific case, i.e. the city manager and of course no one should use their job or position to get out of something that would apply to you or I.

Second, I said I thought the very low DUI limit applied to cars should not apply to golf carts. That's the part that is dumb.

Third, "revenue generators" are laws passed by council and targeted by local officials to generate easy revenue ... nothing to do with city managers (where'd you get that?)

Fourth, "Reason and Logic" referred to the lack thereof in the ordinance itself.

I just don't believe the .08 limit should apply to golf carts as they do with automobiles. There is a big difference between a highpowered machine on a highway, and an underpowered golf cart on a path thru the woods. I believe if you discuss this with those that know, you'd find that someone with a .12 level is not impaired to a point that they could not safely operate a golf cart... automobile, yes, bust them immediately. But a golf cart, no.

And no, I don't (1) go to the Fred, or (2) own a golf cart, or (3) drink and drive. (why the personal attack?)
But I know when a law is unreasonable and a .08 or even a .10 on a golf cart is unreasonable ... as is "open container" applied to a golf cart. And that's my ONLY point. Don't know why you flew off on all the rants.... unless you failed to read or grasp my original post. But, that's MY opinion.

bad_ptc's picture
Submitted by bad_ptc on Mon, 07/03/2006 - 7:55am.

First off several laws would have to be changed.

Secondly, by definition a golfcart is classified as a motor vehicle in the state of GA.

Third, what politician, in his or her right mind, is going to want to even attempt to change the laws so people could drink to a .08 or .1 BAC on golfcarts? Have you ever heard of the term “political suicide”?

How about simply have another means of transportation if you intend to get close to a .08 BAC? That would seem to me to be a much more realistic approach.

Just recently I had some neighbors describe to me the “booze cruse” that several of them enjoyed while driving to and from the Fred. One of them works for DHS! Now mind you, I’m no tea-totaler but I just about fell over listening to them describe how much fun they had.

I make this simple for you. My kids drive on those paths, little kids ride their tricycles on those paths, people walk on those paths. I don’t want someone driving a 1,000 golfcart going 35 MPH anywhere near them if they’ve been drinking.

If you want to do some homework, contact some of the wrecker services around town and find out how many golfcarts get pulled out of the woods or lakes because people can’t seem to be able to handle driving “on” the paths.

Is it really going to take the first golfcart fatality to convince you that it’s not a good idea?


Submitted by thebiggun on Sun, 07/02/2006 - 6:46pm.

I really have to laugh when someone thinks that having a golf cart in PTC allows you to change any law you have to make it ok to do what ever you want on a golf cart. Ok 30 year resident I will give you a little legal 101 to help you understand why the city can not just allow drunks to operate golf carts when and how they wish.

First: The Georgia Court of Appeals ruled that a golf cart is a motor vehicle. It has always been a motor vehicle as required by state law. If you remember all the screaming that went on about 1 year ago because little children, blind people and people who could no longer get a drivers permit because they could not operate a car safely, could no longer operate a golf cart without a drivers permit. A bill was introduced at the Capital that allowed the City to set the age of drivers to operate golf carts. That did not change the law that all golf carts are motor vehicles. That is part of the law that would never be changed because it a basic part of the uniformed rules of the road. I hope you don't think tha PTC is the only place golf carts are used in this state.

Now for you to suggest that drinking and driving a golf cart should not be held to the same level as a car, is logic that only a person that drinks and drives a car could suggest. Golf carts are dangeous in their own right. They do not meet any safety standard at all. They are designed to travel on a golf course that is flat and grass. They have a steel rod they call a steering wheel that can cause death with a 5 MPH head on crash. They roll over so easy and there is no safety cage to stop the cart from killing the driver or anyone else that is in the cart. The people that make golf carts suggest that no baby be put in any car seat as a roll over could cause death and serious injury to a child if they are in one. They also state that a seat belt should not be used because it could cause death or injury. The cart paths are narrow and they are not just cart paths for golf carts. There are bikes, walkers, children, other carts and numerous others things that use the cart paths for enjoyment. In addition, the paths are surrounded by trees and ditches and many people have been seriously injured in golf cart accidents. I am sure many accidents and injuries are not reported to police now because the operators are DUI. Doctors and Hospitals are required by law to report to the police when a golf cart injury shows up at their office. Laws apply to everyone and even if you think that living in PTC allows you to change the law so that people there can do as they please is just logic that only someone that has lost sight of safety or reality could suggest.

I see victims of DUI's in my practice every day. The same people that think that fanatics were the cause of getting drunk drivers out from under the wheel, are the same type people that suggest that a little pot is ok. I suggest you stand on the path and I will run you over at 10 MPH and you can tell me how badly you have been injured as you lay under my gold cart.

PTC government can not change the state law that allows drunk drivers to drive gold carts. I guess they could decide not to be a part of the Sate of Georgia any more and start their own state. Then they could do that and we would have a new state full of drunk drivers on golf carts. It is beyond me that people in this day and age think that the whole world revolves around drinking. Seems that life can not go on unless we can drink. What a great example you must be to your children.

Government is there to protect citizens from people like you who put their own pleasure before the safety of others. Grow Up !!!!!!!

bad_ptc's picture
Submitted by bad_ptc on Sun, 07/02/2006 - 5:30pm.

If the city were to follow your logic than traffic lights shouldn’t be put until a certain number of people die due to accidents at any given intersection.

People would still be allowed to carry a canceled weapon into a church on Sundays.

I have no malice towards the city manager, I don’t even know his name, it doesn’t matter. But what he did was illegal plain and simple. The law was enacted years ago, not last month.

If you want to sit around and catch a buzz either sit at your own house or come to mine and do it. I can guarantee you that the drinks I make are far better than you will get in any bar around here.

Don’t get me wrong, I have a fondness for vary good Tequila and vary good Whisky, I just don’t go to bars to drink because I can’t smoke in most of the places here. Additionally, the music is usually better at my house and it’s a heck of a lot cheaper too.

You can ask several of my neighbors, my garage/bar door is almost always open. But be prepared to either have the Mrs. drive you home or stay the night because NO-ONE drives away from my house drunk!


Submitted by dopplerobserver on Tue, 06/27/2006 - 6:21am.

The PTC Town Manager will be protected in some fashion where his life won't be ruined. I can't say the same for many others, particularily teen-agers, who go before Judge Sams in Fayetteville. There is no second chance---they seem to want it on the record, and not punish by hard work or community service instead of huge fines--which the kids can't pay, their parents do--and long probation crap which just makes things worse. Much of it is just young fun. Also, mark my words, Rush Limbaugh, now on probation for illegal drug dealings, will, not serve a day for having another illegal batch of prescription drugs in his pocket---apparently bought by his personal doctor, for a fee of course. What would the Fayetteville Court do with a teen-ager doing that? Of course, they are a pain---Rush is a Republican.

ArmyMAJretired's picture
Submitted by ArmyMAJretired on Tue, 06/27/2006 - 7:24am.

First, the City Manager got a DUI. Yes he needs to be dealt with according to the law. It is a serious offense. Do you think you should lose your job if you get a DUI or if one of your family members gets one.

I hire people all the time for my company and we do criminal records checks. I screen them out for violence, theft or drugs, not DUI unless it is habitual.

When you say teenagers do you mean juviniles that have sealed records or 18 year old adults (they can vote and serve in the Armed Forces by then you know).

How does a long probation make things worse? Like the man said, if you can't do the time, don't do the crime. It must have had the potential to hurt someone r it wouldn't be illegal.

You lie when you say Rush is on probation for "drug dealing", try abusing pain pills and again he is in the legal system, no special treatment, maybe an overzealous political DA. How many other Doctor shopping prosecutions have or are being pusued? NONE.

I hope you are as outraged about violations of the privacy provisions of HIPPA! Yes someone broke the law leaking this info to the media. Privacy is probably the reason for not wanting tabloids know medical conditions. Just how many politicans do the same thing? No, if you speak out against left wing partisans, the old politics of personal destruction will attempt to ruin you.


Submitted by Old Goat on Tue, 07/04/2006 - 4:25am.

I believe I read where Rush came in to a Florida Police Station, quietly, got his picture taken, and is now a convicted felon. Of course he did not spend a day in Jail. Shhhhhh quiet, Rush wouldn't do anything against the law! That godly creature, not him.
Baaaaaaa

Submitted by Sailon on Tue, 07/04/2006 - 8:07am.

He could be caught with forty illegal prescriptions and thousands of oxycontin pills and he would not ever spend one night in jail as all others must do. Why? Too influential.

Git Real's picture
Submitted by Git Real on Tue, 07/04/2006 - 9:42am.

I agree Highgreen. IF HE'S GUILTY let's nail his tail to the wall. Only first lets set and example by holding all of your left wing friends to the same standards as you desire for ole Rushbo. Personally I don't have a problem with listening to Rush with him wearing a monitoring device around his ankle. But first let's see if this is more than just a witch hunt.


Submitted by Sailon on Tue, 07/04/2006 - 11:09am.

Yeah, IF. Do you have any concept how many young people are in the GA jails for doing much less than this guy has? It is a farce due to what he rants about.

Git Real's picture
Submitted by Git Real on Tue, 07/04/2006 - 1:46pm.

Yeah. Like our system holds young people accountable for a little dope. And like your side is so prim and proper? Funny the double standard you have. I'm with you all the way IF you will hold your side accountable to the same standards.


cogitoergofay's picture
Submitted by cogitoergofay on Wed, 06/14/2006 - 9:45am.

Please allow me to politely and logically critique this on line poll regarding the fate of Mr. McMullen. I believe that the poll is slanted and inclines many to vote for either suspension or termination when, if the poll were properly worded, they would not. A fourth choice should have been included that recognized fault but confined punishment to the courts.

There are two issues here neither of which are Mr. McMullen's guilt or innocence. This is not an issue of concern to the Citizen or perhaps to the public either. We will simply assume his guilt (as the poll has done).

The two issues here are (1) what is his culpability being a city official drinking and driving in a non-official capacity and (2) what is the proper punishment.

Most will consider him culpable. Most will think he should accept the consequences. Mr. McMullen probably believes that he should accept the consequences. So most people including Mr. McMullen would not agree that this is "no big deal." Logically speaking, the poll would be eminently more fair if there were a fourth choice as follows: "McMullen was wrong, he should be punished in court but this has nothing to do with his employment."

It is of great concern to me that polls in the media slant opinion. The recent example was the liberal poll which compressed the numbers to create the appearance of huge difference in a bar graph.


Submitted by loveptc on Sat, 06/17/2006 - 5:41pm.

Thats why I didn't event vote on that poll. His DUI has nothing to do with his job.

Submitted by SandySue on Sat, 06/17/2006 - 10:16am.

I think we need another choice. The choice would be to apply guidelines to Bernie as any other city employee would have guidelines applied to them. If the assistant city manager or other employee is convicted of a DUI what would happen to them? It should be no different for Bernie otherwise this is discrimination. Now I am assuming that Bernie has a contract. If no other city manager has ever had a DUI and held onto the position then the council should act accordingly at contract renewal. I bet if you look in the records of our elected officials you will find s DUI or two. Is this so different???
I am not saying I agree with drinking and open container, but in all fairness Bernie was not on duty. He was attending the concert with tickets to seats he had prior to becoming city manager.

Submitted by Sailon on Wed, 06/14/2006 - 12:44pm.

Suppose the Chief of Police had done the same thing! Of course he wouldn't have been cited anyway due to courtesy, but if he had, what should be done? What if the Chief set this whole thing up? We really have had enough of this "special people" thing recently. Martha Stewart now knows better, does't she?

Submitted by Firedup on Sun, 06/18/2006 - 10:35am.

Just the facts men and women. First of all, there is no evidence that the Chief of Police has ever been in a situation where he was caught DUI and/or possessing alcohol. That’s like saying if your mother was a lesbian she would be your father (there’s another way of saying that). Why do some people cloud the issues by bringing so much speculation to the table? Bottom line, I don't agree with promoting this poll; however, I am certain of a few things:

Bernie McMullen seems O.K. as a person.
Bernie is no congressman.
Cynthia McKinney has no dog in this fight.
An insurrection over the city’s budget is a pathetic excuse for avoiding the issues and admitting DUI. Is this the city’s first budget or budget cut?
In spite of what some think, big brother does not secretly control Bernie's alcohol consumption.
Bernie was not involuntarily drugged and placed in a golf cart with wine in hand.
You don’t pour your wine on the officers who are arresting you.
When holding a high profile position, there is a higher expectation of personal conduct.
Bernie disgraced the office of City Manager.
Bernie should step down before this becomes a costly situation for the city.
It is a conflict of interest for city council members to help bail city managers out of jail, and afterward, make decisions regarding his administrative duties. I smell a rat or two!!
The mayor and council have mishandled this situation from the start.
Past conversations at the local watering hole will surely give rise to future debates.
There is a disparity in treatment here, but it’s not against Bernie. Watch your backs guys.
Something at City Hall really stinks politically.

This weekend I watched the police officers do exactly what they do every concert, politely say goodnight and try to make sure that the drunks do notleave the Fred with open beers or “wine”. Many of you see the same thing every concert. Thanks guys and gals for trying to make it safe for all of us. Unfortunately, there are a few who think they are above the law and make it difficult for the rest of us. Most of us know that you can’t be everywhere at any given time. I hope one day our illustrious mayor and council will start listening to the majority of our community, rather than comments they hear or make over a few beers at their local watering holes. People tend to “spout off at the mouth” when they’ve downed a few, don’t they Mayor. No thanks to you Bernie for ignoring our city ordinances and putting the public’s safety and these officer’s reputations on the line. Maybe next time, you won’t try to intimidate police officers by making demands and bringing your job into the arrest.

bad_ptc's picture
Submitted by bad_ptc on Sat, 06/17/2006 - 11:26am.

Number of members of Congress who escaped tickets and/or arrest from a variety of driving offenses ranging from speeding to DUI in 1999 due to Congressional immunity: 217

Number of members of Congress who were released after being pulled over for drunken driving in 1998 by claiming Congressional immunity: 84


Submitted by dopplerobserver on Sat, 06/17/2006 - 8:51pm.

So, in that case, we can all be and it is OK. Better to can the ones we have in congress.

Git Real's picture
Submitted by Git Real on Sat, 06/17/2006 - 11:31am.

Do you think the numbers you posted come as a surprise to any of us? I expect them to be treated differently than the rest of us. Look at the racial b*&%h McKinney that just got off.

Where did you get those stats from? Thanks.


bad_ptc's picture
Submitted by bad_ptc on Sat, 06/17/2006 - 9:36pm.

I’m originally form D.C. 14 years removed. (Thank GOD)

Back when, we had the question:

This is the mayor.

This is the mayor on drugs.

Any questions?


bad_ptc's picture
Submitted by bad_ptc on Sat, 06/17/2006 - 2:21pm.

To answer your question I “googled” for DUI+congress. It took a little while but you would most likely be surprised at the statistics that are out there on this subject.

Do you realize that almost a third of Congressional representatives could be arrested for the laws that they have broken?

If you have the time and patients to do some digging you would find that the elected members of congress have committed crimes like tax evasion, mis-approbation of funds, speeding, DUI, failure to pay child support, you name it.

My point was that they can’t be fired from their positions for any of it.

Please correct me if I’m wrong but I think only airline pilots and ships captions can be dismissed from their jobs if they are convicted of a DUI and only after they have declined counseling.

The two geniuses that now sit in jail that were convicted for “attempting to operate a commercial aircraft while under the influnce” were not fired for the actual DUI, but for violations of their contracts with the carrier.

If Mr. McMullen is convicted of this DUI charge I can’t begin to see how the city could possibly fire him for it. That would be lawsuit in the making that I don’t think the city could win. And I would have to side with Mr. McMullen if that was the reason given.

Please don’t interpret my comments to suggest that I in any condone anyone drinking and driving anything, even a lawnmower.

What I do object to is presumption of some that Mr. McMullen should loose his job for it.


Git Real's picture
Submitted by Git Real on Sat, 06/17/2006 - 9:49pm.

what would happen if you googled adulterer+congress or pedophile+congress.


bad_ptc's picture
Submitted by bad_ptc on Sat, 06/17/2006 - 10:56pm.

Be careful what you ask for, you may get it.


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