On August 3 members of the Graham City Council reached a settlement agreement in a case that has been ongoing for an extended period of time. The plaintiff in the case, John Fogarty, filed suit against the City of Graham, Mayor Lonnie Crosby and Jerome Brinkley.
In the case, Fogarty who is a member of the Graham City Council, cited that the defendants in the case claimed that he could not serve on the council due to the fact that a criminal history report showed that he was convicted of a felony in 1987 and also because he had tendered his resignation, which Fogarty stated was later withdrawn.
Following an investigation into the matter, it was discovered the Fogarty was not convicted of a felony in 1987, but was convicted of a misdemeanor charge in Florida. Upon discovery of this evidence, the parties agreed that Fogarty is not a convicted felon and is thereby eligible to serve as a city council member and otherwise hold public office.
Fogarty will serve out the remainder of his term through December 31. The plaintiff waived any claims for past payments of the $200.00 per month salary paid to council members through July. However, the city will be required to pay Fogarty for the remainder of his term starting with August. The City of Graham has also agreed to waive any right to collect past due water bills and any water charges accrued by Fogarty from this point through December 31.