This article has been corrected to reflect that Hamby will not receive his council pay if he is suspended from office.
Governor Brian Kemp announced Thursday that he has appointed a committee to determine whether or not a Guyton City Councilman should be suspended from his post while his felony charges work their way through the court system.
Theodore Walden Hamby II was arrested by the Georgia Bureau of Investigation on March 14, 2025 after a request for inquiry into his use of the city credit card. 26-year-old Hamby was charged with felony Theft by Taking and Financial Transaction Card Fraud. He was booked into the Effingham County Jail where he remained for three days. Upon his release, Mayor Andy Harville asked Hamby to resign from his post, but he refused.
In May, Hamby’s attorney, JD Maines, told WJCL that it was all a mistake and an issue rooted in Hamby’s age.
“Our position is this was him using the wrong cards. I have like six or seven cards in my wallet from different businesses, the firm, my personal. And, for someone his age, it’s not uncommon to make that mistake, and that’s all this was,” said JD Maines, attorney for Theodore Hamby.”
In June, the case moved forward despite the claims of a ‘mistake,’ and Hamby was indicted on five felony counts: Three counts of Financial Transaction Card Fraud and two counts of Making False Statements.
The statements about a mistake directly contradict what is outlined in the formal charging document filed in court this week. According to the Indictment, Hamby committed:
- Financial Transaction Card Fraud – on February 4 when he unlawfully obtained $204.50 on a city of Guyton credit card
- Financial Transaction Card Fraud – again on February 4 when he unlawfully obtained an additional $204.50 on a city of Guyton credit card
- Financial Transaction Card Fraud – on February 4 when he unlawfully obtained $84.50 on a city of Guyton credit card
- Making a False Statement – on March 14, 2025 when he told Special Agent Stephen Morris with the GBI that the credit card was stolen in Atlanta
- Making a False Statement – on March 14, 2025 when he told Special Agent Stephen Morris with the GBI that he did not use the city of Guyton card at the Parker’s convenience store in Guyton, Georgia.
As required by law, Kemp appointed the Georgia Attorney General, Chris Carr, and two council members from other municipalities – Dan Peterson from the City of Perry and Tommy Roberts from Fitzgerald.
The three will determine whether the charges related to and adversely affect the administration of duties of Hamby such that the rights and interest of the public are adversely affected thereby, and to make a written report within fourteen days with a recommendation as to whether Mr. Hamby should be suspended from office.
If the commission suspends Hamby, his compensation will be suspended as well, as required by law. If he is convicted, his position in office will immediately cease, per OCGA 45-5-2. If Hamby is acquitted of the charges or they are otherwise dismissed, he will be entitled to back pay of his council salary dating back to his suspension date.
State law was amended in 2022 by the Georgia legislature after Insurance Commissioner Jim Beck was indicted on felony charges but was able to maintain his six-figure state salary from the time he was indicted until his case was fully adjudicated.
Hamby still has the option to voluntarily step down from his post at any time.
Hamby’s Tenure
Hamby’s term of office began in January 2024 and his tenure has been plagued with headlines. An ethics committee found Hamby violated the city’s ethics ordinance by soliciting money for an endorsement of another political candidate and he drew the ire of the public after he campaigned on opposing a retirement plan for council members before he voted to enact the same plan.
Hamby also used his position as a city council member to file for public service loan forgiveness from the federal government.
- Ethics Complaint Filed Against Guyton City Councilman for Soliciting Money for Endorsement
- Guyton Councilman Tells Ethics Committee “If It Doesn’t Fit, You Must Acquit”
- Guyton Ethics Committee Says Hamby Guilty of Ordinance Violations, City Council Takes Action
- Harville Vetoes Retirement Plan for Guyton City Council
- Guyton City Councilman Cites Elected Office on Student Loan Forgiveness Application
- Citing ‘Bad Hombres,’ Guyton Councilman Wants PD to Join 287(g) Immigration Program
