An Effingham County Grand Jury has indicted Guyton City Councilman Theodore Hamby on five felony charges.
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.
This week, a grand jury returned a True Bill of Indictment on five felony counts: Three counts of Financial Transaction Card Fraud and two counts of Making False Statements.
In May, Hamby’s attorney, JD Maines, told WJCL in May 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.”
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.
Hamby has court later this month for his formal arraignment.
Removal from Office?
In March 2024, Mayor Andy Harville asked for Hamby to resign, but he declined.
Under OCGA 45-5-6, no action can be taken to remove a public official from office until a person is indicted by a grand jury on felony charges and those felony charges are related ‘to the performance or activities’ of the office of the public official.
The prosecutor in the case is then required to send a certified copy of the indictment to the Governor who is then required to appoint a review commission. Traditionally the review commission is composed of the Attorney General and two other public officials who hold the same title as the individual indicted – so two other city council members within Georgia.
The commission then reviews the facts available at the time of indictment and makes a recommendation to the governor within 14 days.
If the commission determines that the indictment “relates to and adversely affects the administration of the office of the indicted public official and that the rights and interests of the public are adversely affected,” the commission is required to recommend that the public official be suspended from office. The governor is then permitted to, but not required to, suspend the public officer from office immediately. If the governor opts to suspend Hamby, it would be until the final disposition of the case or until the expiration of his term of office – whichever occurs first.
Should Hamby be suspended at that point, a replacement would be appointed until adjudication of the case or expiration of the term, whichever comes first. He would continue to receive his compensation, however, until final adjudication.
If he is convicted, his position in office will immediately cease, per OCGA 45-5-2.
This 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
