Robert Horgan recall, Fayette County, Georgia, 2009

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Fayette County residents began a campaign to recall Commissioner Robert Horgan on July 14, 2009. Horgan was re-elected to a four-year position on the Fayette County Commission in November 2008; his current term will end in 2012 if he is not successfully recalled.[1]

According to the filed petition, Horgan violated his oath of office and committed an act of misconduct.[2] The recall was initiated after Horgan was arrested on a misdemeanor charge of possession of marijuana.[3]

In August 2009 however the recall election was placed on hold after Horgan took the case to court. Horgan argues that the recall petition draws no connection between the marijuana arrest and his work as a commissioner.[4]

On August 28, 2009 Superior Court Judge A. Quillian Baldwin ruled that the recall petition was insufficient on the basis that Horgan's marijuana arrest was not related to his position in office.Defeated[5]

Recall supporters

The recall effort is chaired by Robert J. Ross, a Peachtree resident. Former county commissioner Harold Bost supports the recall effort.[1]

Marijuana arrest

Commissioner Horgan was arrested on Saturday, May 23, 2009, after being pulled over for an expired license plate tag. During the routine traffic stop a small amount of marijuana was found in the vehicle. Horgan was charged with a misdemeanor of possession of marijuana and driving with an expired tag. At the time of the arrest Horgan admitted that he had smoked marijuana while driving, according to the incident report.[2]

Ethics hearing

On September 28, 2009 Horgan was found guilty of three charges filed against him in light of the May 23 marijuana arrest. Horgan was found in violation of: not upholding the U.S. Constitution and state laws and unbecoming conduct. Horgan was found not in violation of attempting to solicit a bribe after he was placed in the back of the patrol car and asked "if there was anything that we could do to resolve this right here, right now!" Horgan now faces about $1,000 in fines by the Ethics Commission. Additionally, Horgan faces misdemeanor charges for marijuana possession.[6]

Response to recall

In reaction to the recall and the related arrest Horgan said, "Since I decided not to resign, I will do everything I can to fight this."[7]

Path to the ballot

Recall supporters are required to collect a minimum of 21,454 signatures, 30 percent of registered voters.[8]

On July 29, 2009 recall supporters submitted an official recall application with a total of 540 sponsors. Recall supporters were required to collect signatures from a minimum of 100 registered voters.[8]

Cost of recall

The recall election is expected to cost a approximately $145,000 according to the Fayette County Elections supervisor Tom Sawyer.[8]

Lawsuit against recall

Laws governing recall in Georgia allow Horgan to file a petition with a Georgia court to challenge the legal legitimacy of the recall petition. He has taken advantage of that right, and a hearing will be held on the legitimacy of the recall petition on August 28, 2009.[1]

According to the brief filed with the court by Horgan's attornye:

  • The petition lacks pertinent details surrounding the marijuana charge, including whether or not it occurred while Horgan was conducting business as a county commissioner.
  • The petition/recall application doesn't say whether the marijuana arrest was “in any way related to his office”.
  • The petition doesn’t include a copy of the citations Horgan was given in connection with the case.
  • The recall application doesn't include a copy of the oath of office Horgan is alleged to have violated.

Ruling

On August 28, 2009 Superior Court Judge A. Quillian Baldwin ruled that the recall petition was insufficient on the basis that Horgan's marijuana arrest was not related to his position in office. However, Judge Baldwin warned Horgan that once the criminal case moves forward he might be forced to resign as a condition of his probation. A court date has not yet been set regarding the marijuana arrest.[5]

See also

External links

References

  1. ↑ 1.0 1.1 1.2 The Citizen, "Horgan recall hearing set for Friday", August 26, 2009
  2. ↑ 2.0 2.1 The Citizen,"Commissioner Horgan’s suit challenges recall effort as ‘misleading’," August 4, 2009
  3. ↑ Committee to Recall Robert Horgan,"Commissioner Robert Horgan Files Motion Questioning Legality of Recall," August 4, 2009
  4. ↑ The Atlanta Journal-Constitution,"County official in pot bust fights recall effort," August 5, 2009
  5. ↑ 5.0 5.1 The Citizen,"Horgan recall effort dies in court," August 28, 2009
  6. ↑ The Citizen,"Ethics panel decides against Horgan, takes no action," September 28, 2009
  7. ↑ Fayette Daily News,"Horgan challenges recall in court," August 4, 2009
  8. ↑ 8.0 8.1 8.2 Fayette Daily News,"Group takes first step to recall Horgan," July 30, 2009
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