'False claims': Guyton city councilman denies claims against him in ethics complaint

Justin Hitt, campaign manager for Kelly Hoffner, who is in a tight run-off contest for the Republican nomination for the Effingham County Tax Commissioner position, has lodged an ethics complaint against Guyton City Councilman Theodore Hamby for "soliciting money from candidates running in the tax commissioner’s race."

The complaint was referred to both the City of Guyton's Board of Ethics and the Georgia Bureau of Investigation. The GBI determined that information provided in the complaint "did not rise to the level of a GBI investigation," according to Nelly Miles, director of Office of Public & Governmental Affairs for GBI.

Guyton City Attorney Ben Perkins confirmed that the City of Guyton's three-member Board of Ethics will review the allegations in the coming weeks.

"The City of Guyton ethics ordinance specifies a two-step process," explained Perkins. "First, the Board of Ethics is empowered to dismiss in writing complaints that it determines are unjustified, frivolous, patently unfounded, or fail to state facts sufficient to invoke the disciplinary jurisdiction of the City Council.

If that hurdle is cleared, the board has 60 days from the date on which the complaint is filed to collect evidence and hold a hearing. A decision by the Board is to be submitted to City Council within 7 days of the hearing."

What is the nature of Hitt's complaint?

The Savannah Morning News obtained from the City of Guyton, via an open records request, Hitt's eight-page written complaint plus two separate recordings of phone conversations between Hitt and Hamby in which Hamby admits to signing a contract and receiving $625 up front and another $625 for a win from Daniel Rodewolt, Hoffner's opponent, in exchange for Hamby’s services as Rodewolt’s campaign manager.

The phone conversations were recorded by Hitt on May 26. Hitt spoke with Hamby via speaker phone and recorded the conversation using another cell phone, capturing Hamby's profile photo and name on the recordings. Hoffner was present during at least one of those conversations.

Hitt confirmed via text message that he never informed Hamby that their phone conversations were being recorded. According to Georgia law, O.C.G.A. 16-11-66, an individual can record a telephone conversation in Georgia if that individual is a party to the conversation.

In the complaint, Hitt alleges Hamby agreed to “support Rodewolt as his campaign manager” after, according to the phone conversation, publicly supporting Hoffner in the months prior to signing a contract with Rodewolt.

During the May 21 primary, Hoffner received 46% of the county's vote compared to Rodewolt's 44%. The two are scheduled for a runoff on June 18.

Hamby denies “all the false claims” brought against him.

“I have always conducted myself with the utmost integrity and have prided myself on being the most transparent councilman,” said Hamby. “I eagerly await the conclusion of this matter so that I can continue focusing on the work the citizens of Guyton elected me to do.”

Throughout the video, however, Hamby expressed concern over the way he had handled the situation.

"I am still learning," said Hamby in the recorded phone call. "This whole thing is new to me and honestly, I don't like the way, personally, that I'm handling things and that's when I have a problem with it. I'm honestly a bit disgusted of myself but I can't change anything right now because Daniel signed a contract."

Rodewolt has since countered saying, "I did not pay Theodore Hamby to be [my] campaign manager."

A press release issued by the City of Guyton stated, “The City of Guyton takes all ethics complaints seriously and will follow the procedures prescribed by the Ethics Ordinance to ensure all parties are afforded due process and an opportunity to be heard.”

According to Perkins, Hamby's case has not been reviewed by the Board of Ethics as of yet.

Latrice Williams is a general assignment reporter covering Bryan and Effingham County. She can be reached at lwilliams6@gannett.com.