In May 2009 Fayette County Commissioner Robert Horgan was pulled over for a traffic stop. He admitted to smoking pot while driving and a pill bottle of marijuana was located under his car seat. Per the Sheriff’s Supplemental Report Horgan asked deputies, “Is there anything we can do to resolve this right here, right now?. Two Fayette County residents filed a formal ethics complaint against Horgan after repeated callls for his resignation failed. Per the Fayette County Ethics Ordinance, an attorney from outside the county determined the complaint merited a review by a 3-panel group of attorney’s, also from outside the county.
On September 28th the three attorneys, Robert Morton from Zebulon, Tyron Elliott from Manchester and James Fortune from Griffin, met at the Fayette County Commission Chambers and listened as the attorney for the ethics complaint filers, Dennis Davenport, and the attorney representing Robert Horgan, Christy Jindra, presented evidence.
After listening, asking questions, listening to witnesses and discussing various points, the panel moved to a private room to deliberate. After a short period of time, they found Horgan guilty of 2 of the the 3 ethics violations filed by Patrick Hinchey and David Cree.
Complaint 1: GUILTY – In that Robert E. Horgan did, on or about May 23, 2009, in Fayette County, GA, violate Article VIII, Section 2-209 (1) of the Code:
Specification 1: In that Robert E. Horgan did possess an unlawful substance, to wit: less than one ounce of marijuana, in violation of Georgia law.
Specification 2: In that Robert E. Horgan did use an unlawful substance, to wit: smoke marijuana while operating a motor vehicle, in violation of Georgia State law.
Specification 3: In that Robert Horgan lied to Sheriff’s Deputy Justin Storm’s question if there was anything illegal inside his (Horgan’s) vehicle, Horgan replied there was not.
Complaint 2: NOT GUILTY – In taht Robert E. Horgan, on or about May 23, 2009, in Fayette County, GA solicit treatment that would place his personal interests ahead of the public’s right to know, to wit: ask Fayette County Sheriff’s Deputies J. Davidson and Justin Storm “Is there anything that we could do to resolve this right here, right now?” or words to that effect. This is a violation of Article VIII, Section 2-209 (6).
Complaint 3: GUILTY – In that Robert E. Horgan did, on or about May 23, 2009, in Fayette County, GA, breach the public trust by conducting himself in a manner taht 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. This is a violation of Article VIII, Section 2-209 (8).
Per the Fayette County Ethics Ordinance No. 99-01, Sec 2-210 (B) “… Covered officials and employees are subject to the following penalties and action for violations of this Code of Ethics… (1) Written reprimand or public censure… (4) A monetary fine not to exceed $1,000. (the 2 that apply are listed). As we understand the ordinance, it is $1,000 per violation thus the Commission could impose a total fine of up to $2,000.
Horgan’s fellow Commissioners will now have to determine what “punishment” to impose.
Post time: Jun-20-2017