CATLETTSBURG, Ky. — A city councilman in Kentucky who failed a drug test has been indicted on a perjury charge.

The Daily Independent reports that Catlettsburg Councilman Richard “Andy” Brown was indicted Tuesday based on an allegation that he lied under oath last week while pleading guilty to drug charges.

The newspaper reports that a judge had asked the 38-year-old if he were under the influence before entering a plea, as required by law. He was then sentenced to five years’ probation and reported to the local probation office, where Boyd Commonwealth’s Attorney Rhonda Copley says he tested positive for heroin, cocaine, meth, ecstasy and marijuana.

He was immediately arrested. It’s unclear whether he has a lawyer.

He remains on the city council.

Information from: The Independent,