By Barbara Augsdorfer, Editor for the Effingham Herald

Both members of the Guyton Ethics Committee agreed that Councilman Theodore Hamby violated the city’s ethics ordinances, but punishment, if any, was left up the Mayor Andy Harville and the City Council.

The ethics complaint was filed by the Kelly Hoffner campaign shortly after the May 21 primary election for Effingham County tax commissioner. Nick Hitt, Hoffner’s campaign manager, filed the complaint.

In a special called meeting held at Guyton City Hall July 18, Mayor Harville read the letters he received from ethics committee members Robert Hunter and Reginald Stanmar. During the reading of the findings, the discussion and votes on actions, Hamby recused himself.

“Mr. Hamby requested a candidate article and to specifically state in the article that Ms. Hoffner was being endorsed by City Councilman Theodore Hamby,” Harville read from Hunter’s letter.

“This is where I, Robert Hunter, believe that Mr. Hamby violated the City of Guyton, State of Georgia Code of Ethics ordinance number 2010-3 Section One, Prohibitions Paragraph J. States: ‘No city official site shall use city facilities for private purposes. Paragraph M states a city official shall not use his or her position in any way to coerce or give the appearance of coercion in providing financial benefits …’.”

Ethics Committee member Stanmar concurred with Hunter saying in his letter, read by Harville, “There was a technical violation of the ordinance.”

Stanmar’s letter went on to explain that while there is no prohibition of a city councilmember endorsing a campaign, it was the combination of three factors.

“Violation occurs due to the language (of the) ordinance, ‘A city official shall not use his or her position in any way to coerce or give the appearance of coercion to another person to provide any financial benefit’,” Harville read from Stanmar’s letter. “‘The literal interpretation of ‘in any way and/or gives the appearance of coercion’, gives rise to a technical violation of the ordinance.’”

Stanmar’s letter went on to say that Hamby’s intent is a matter for the city council to determine; and the fact that the complaint was filed shows that Hitt and Hoffner felt that some violation took place.

“The fact that the complaint was filed is evidence that Mr. Hitt in his role as campaign manager for Ms. Hoffner felt they were being coerced by Mr. Hamby,” Stanmar’s letter continued. “It was also felt that Mr. Hamby was using his position on city council to enhance his company's position to aid in the campaign for a fee.”

Councilman Jeremiah Chancey summarized his feelings about the Ethics Committee’s findings, saying, “My problem is, is that it was clear that he was trying to leverage his position as a member of city council for the financial benefit of his business,” Chancey said.

“And this is evidenced by the fact that on numerous occasions, he contacted them (Hitt and Hoffner) about making sure everything said ‘Guyton City Councilman.’ Everything had to say, ‘Guyton City Councilman’. When he posted the endorsement, he posted it on his city council Facebook page, which at that time did not have the disclaimer that he does not speak for the city and said that it was his official City Council Facebook page. It did not have that disclaimer that it does now,” Chancey said.

Chancey agreed with the Ethics Committee’s findings that Hamby was seeking financial benefit for the political group (business) that he runs.

“Something has to be done because this behavior is unacceptable,” Chancey said before Councilman Joseph Lee made a motion for Hamby to issue a public apology. That motion failed 2-2 with Harville and Chancey opposed.

Chancey said the council should ask for Hamby’s resignation. “There’s nothing that forces him (to resign), but he’s got to have some sort of wake-up call,” Chancey said.

Chancey made the motion to ask for Hamby’s resignation, which was seconded by Harville. That vote also failed 2-2, with Lee and Johnson opposed.

“So, let’s do the halfway point, a censure, which is a written reprimand, saying the behavior is unacceptable and will not be tolerated,” Chancey offered.

Guyton City Council agreed to that compromise – a written reprimand and a public apology by Hamby.

Hitt and Hoffner have said they both have moved on from this incident. Hitt added, “This whole thing could have been avoided in the first place if Hamby had just been honest and held himself accountable.”

“The council made their decision today and I’m going to put it to rest,” Hamby said after the meeting. “And go back to working for the citizens of Guyton.”