Ethics complaint dismissed against Gwinnett commissioner in bus video
A Gwinnett County commissioner who boarded a county bus in 2024 to campaign against a proposed sales tax for transit expansion was cleared Tuesday of accusations that he violated the county’s ethics code.
The Gwinnett County Commission voted to uphold the ethics board’s recommendations and dismiss the complaint against Matthew Holtkamp on the grounds that the commissioner did not use county resources to campaign against the ballot question.
“Any private citizen today can go on a bus and shoot a video and upload it on social media,” Holtkamp told The Atlanta Journal-Constitution after the vote.
“There have been all kinds of examples in the past of elected leaders of all stripes speaking their minds on certain items on the ballot,” he added.
In the weeks leading up to the sales tax referendum, which ultimately failed, Holtkamp posted videos to social media urging voters to reject it.
In the videos, he identified himself as a county commissioner and wore a pin with the county logo. In one video, he stands on a Ride Gwinnett bus. In another, he stands in front of a bus. He holds county flyers about the transit plan that were free to bus riders.
Holtkamp provided evidence that he paid bus fare using a personal credit card and did not cause the bus to deviate from its schedule, according to the ethics board’s written opinion.
The other four county commissioners voted unanimously to dismiss the complaint against Holtkamp, but not without reservations. The vote had been pushed to Tuesday after the commissioners deadlocked 2-2 last week on the issue.
Holtkamp is the board’s only Republican. The other commissioners are Democrats. But support or opposition for transit expansion in Gwinnett has recently defied partisan conventions.
Commissioner Ben Ku read a long statement before Tuesday’s vote.
“While I accept the ethics board’s finding that no specific provision of our ethics code was violated, I strongly disagree with the conclusion that the conduct at issue should be treated as acceptable or benign,” Ku said.
“Under this interpretation, any commissioner could reasonably conclude that filming campaign material on county property while wearing county identification and invoking their official title is permissible,” he added. “I do not believe that serves the public interest and I do not believe it reflects the ethical standards this board has worked for years to establish.”
Chairwoman Nicole Love Hendrickson said accepting the ethics board’s findings “is not an endorsement of the conduct.”
No one spoke for or against Holtkamp at a public hearing, held last week on the ethics board’s recommendations. Afterward, in response to Ku’s questions, County Attorney Mike Ludwiczak said he has always advised commissioners to refrain from campaigning for or against ballot questions to avoid the appearance of impropriety.
Hendrickson and Commissioner Jasper Watkins voted last week to dismiss the ethics complaint, while Ku and Commissioner Kirkland Carden voted against a dismissal.
Hendrickson last week read a statement of her own.
“Once this board lawfully approves an action and calls a referendum, individual commissioners do not speak for the entire body,” she said. “They do not speak on behalf of the county in advocating for or against the outcome. Our obligation is not to individual agendas but to the public trust, and that expectation applies equally to every member of this body.”
Benjamin Culberson, an active member of the Gwinnett County Young Democrats who lives in Holtkamp’s district, filed the ethics complaint. His attorney was Gwinnett County Democratic Party Chair Curt Thompson.
“This basically sets a precedent that, in fact, county commissioners can take sides in and advocate for or against a referendum, which they have historically not done,” Thompson said. “That’s either good or bad, depending on your perspective.”
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