After more than three months of ignoring the ethics investigation into his controversial social media activity, Gwinnett County Commissioner Tommy Hunter has decided to participate.
On the eve of what would be the final, decisive hearing in the case, the embattled leader hired an attorney — who has asked for a continuance.
Unusual timing aside, the decision to retain an attorney points to a degree of seriousness Hunter has rarely shown publicly in the aftermath of his now-infamous Jan. 14 Facebook post, in which he called U.S. Rep. John Lewis a "racist pig." It also adds another, 11th-hour wrinkle to a race-related saga that has gripped one of Georgia's most diverse counties for more than four months.
Hunter’s post immediately gained national — and international — attention and, locally, triggered uproar and calls for the commissioner’s resignation. Even months later, sign-carrying protesters attend every Board of Commissioners meeting, disrupting business in one of metro Atlanta’s largest counties and using the open public comment period, which Hunter has taken to skipping out on, to decry his comments.
Before Tuesday, Hunter had completely declined to participate in the ethics process, which began in February. He opted not to make the ethics board appointment afforded him and did not file a formal response to the complaint against him. Ethics board rules technically call for any motions — or, in this case, entries of attorneys — to be made at least 24 hours in advance of Wednesday morning’s hearing.
But Tuesday afternoon, Hunter hired Dwight Thomas, who recently won a lawsuit challenging the ethics board in neighboring DeKalb County.
Ethics board chairman David Will said his board will meet as scheduled Wednesday morning and consider Thomas’ proposal to postpone the hearing.
“I don’t think bending over backwards or bending the rules for Mr. Hunter is warranted here,” Christine Koehler, one of the attorneys who filed the ethics complaint against Hunter, said.
‘Conduct which is unbecoming’
The complaint was filed Feb. 6, about three weeks after Hunter, a Republican, wrote his post about Lewis. The post was written during a well-publicized feud between then-president elect Donald Trump and Lewis, who said he didn't view Trump's presidency as a legitimate one.
Hunter’s post, first reported on Jan. 16 by The Atlanta Journal-Constitution, also referred to Democrats as “Demonrats” and a “bunch of idiots.” It triggered uproar and calls for his resignation.
The complaint against Hunter was the first ever filed under Gwinnett County’s 2011 ethics ordinance, which was adopted in the middle of a corruption scandal that rocked the Board of Commissioners. It’s intended to target shady land deals and conflicts of interest but, absent a criminal offense, only prescribes penalties ranging from written warning to public reprimand.
The complaint against Hunter, however, focuses on less tangible guidelines provided in the ordinance. It argues that, with his "racist pig" post and several other inflammatory comments, Hunter violated a section of the ordinance that urges county officials to "never engage in conduct which is unbecoming to a member or which constitutes a breach of public trust."
The complaint also references a section that calls for commissioners to “put loyalty to the highest moral principles and to County above loyalty to … party,” and another that calls public office “an honor, not a right.”
Supporters of Hunter have said Hunter was merely using his First Amendment rights and called the ethics board unconstitutional because it includes appointments from non-elected officials.
“If he has the means and takes [a challenge to the ethics complaint] to the highest level, y’all are gonna eat crow,” Hunter supporter Dennis Elm said at last week’s Board of Commissioners meeting.
Seth Weathers, Hunter’s consultant and spokesman, has previously suggested that a legal challenge might be in the offing but, as of Tuesday, no such challenge had been filed.
Thomas, Hunter’s newly hired attorney, did not respond to multiple requests for comment Tuesday afternoon. In the DeKalb County case in which he represented ex-Commissioner Sharon Barnes Sutton, he successfully argued that the use of appointments by non-elected parties should not be permitted.
The Gwinnett County ethics board uses multiple appointments from non-elected officials.
‘Keep going’
If Wednesday morning's hearing proceeds, the ethics board would expect to hear from Nancie Turner, the Atlanta woman who filed the complaint, and Hunter himself, who was subpoenaed last week to testify at the hearing.
Robin Martinelli, the process server who served Hunter last week with the subpoena issued by the board, might also testify. Martinelli is included on a list of potential witnesses submitted by Christine Koehler, one of the attorneys representing Turner.
After the hearing, the ethics board would decide whether or not the complaint against Hunter should be sustained. If the complaint were sustained, the board would then provide a recommendation on possible penalties to the Gwinnett County Board of Commissioners, which would make the ultimate decision about Hunter’s fate.
The options are few, however.
County attorney Bill Linkous has made it clear that the Board of Commissioners would not have the authority to remove or suspend Hunter, even if such a penalty was recommended.
It’s unclear if Hunter would challenge any outcome. But his opponents don’t plan to quit, no matter what the decision.
“We’re prepared to keep going and keep going,” Gabe Okoye, chairman of the Gwinnett County Democratic Party, said.
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