SHEILA A. MATHEWS :::
An ethics complaint against Spalding County Commissioner James Dutton will be discussed during the Board’s Monday night meeting and a date and time will be set to determine if there exists a prima facia violation of the county’s Code of Ethics.
The ethics complaint was filed Jan. 14 by Sharon Royl, who resides in District 2, which Dutton represents.
Royl’s complaint alleges Dutton violated Part 2, Chapter 12, Section 2-12003 (1), which requires officials to uphold the Constitution, laws and regulations of the United States, the state of Georgia and all governments therein and never be a party to their evasion, and (10), which requires each covered official to take an oath of office and to covenant and agree to adhere to the provisions of the ethics ordinance.
Specifically, Royl alleged that Dutton violated the Code of Ethics to which he is bound in a series of social media posts and comments.
“This stems from comments he made publicly on his personal Facebook which go against the Constitution of the United States, United States Code, and State of Georgia Code. I pray you find, once you read the evidence and understand the charges laid out against him, he violated the Spalding County Code of Ethics and fine Commissioner Dutton $1,000.00 and publish a written reprimand and publicly censure him during the rest of his term on the Board of Commissioners.”
The statements Royl attributed to Dutton related to the 2020 general election and allegations that Donald Trump was the legitimate winner of the presidential election.
“On December 19, 2020, Commissioner Dutton published a post on his personal Facebook regarding the validity of the 2020 General Election (Exhibit 1 and 2). Commissioner Dutton proceeded to lay out a potential plan for Vice President Pence to subvert the will of the registered voters of the State of Georgia and not include them within the slate of electors for the Electoral College selection of the next President of the United States,” Royl wrote. “On the same post, an individual, Andrew Joseph Brandt, commented on his post saying, ‘How would you avoid martial law? Seems like you’re welcoming it.’ Commissioner Dutton then responded to this individual by saying, ‘Andrew Joseph Brandt because the alternative is to declare martial law and root out the traitors and those guilty of fraud and put them against a wall. This would allow the constitution to be followed to the letter and yet maintain the republic. I’m sure there will be those that will riot, there always are, but I would rather have riots than an end to the Republic.”
According to Royl, the online discussion involving Dutton and Brandt continued and included comments she alleges promoted violence.
“The exchange continued with Andrew Joseph Brandt asking, ‘Who are these traitors…’ and then stating ‘Not sure saying trust us, trump (Trump) won the electoral college and his is going to stay is the best way to avoid violence. Sounds like a king/dictator move-which should be concerning to the republic.’” Royal wrote in her complaint. “Commissioner Dutton answered by stating, ‘Oh, you misunderstood. I said nothing about avoiding violence. I said this is a way to throw out all the questionable results and still follow the constitution. I’m sure there will be objections, and I am sure some of those objections will be violent. And I can’t wait (sic all).’”
Royl said another person named Christian Malone commented and said, “Well, if somehow Trump convinces the relevant body(ies) to seat him, I will see you and your side on the ground of Civil War II…” to which Dutton allegedly responded, “SAY WHEN”
Royl claims the statements attributed to Dutton violate 18 U.S. Code 2385, “Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States…by force or violence…shall be fined under this title or imprisoned… and Whoever, with intent to cause the overthrow or destruction of any such government; prints, publishes…any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force of violence… (abbreviations attributable to Royl).”
The complainant also alleges Dutton violated the Official Code of Georgia Annotated (OCGA) 16-11-4, which she said reads in part, “A person commits the offense of advocating the overthrow of the government if he knowingly and willfully commits any of the following acts… (2) Prints, publishes…any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or property of overthrowing or destroying the government of the state…by force or violence (abbreviations attributable to Royl).”
She went on to allege that Dutton also “made a public comment to an individual inviting the prospect of a Civil War and teaching the desirability of it to other individuals who are privy to seeing his social media posts.”
Furthermore, Royal said Dutton on Jan. 6 posted to his Facebook page a link to a YouTube video of the song “La Marseillaise” and wrote the words, “Today is the day. What side will you be on? ‘Arise, children of the Fatherland Our day of glory has raised Against us the bloody flag of tyranny is raised; the bloody flag is raised. Do you hear, in the countryside The roar of those ferocious soldiers? They’re coming right into your arms To cut the throats of your sons, your comrades! To arms, citizens! From your battalions Let’s march, let’s march That their impure blood Should water our fields,” adding that Dutton later stated, “the tree of liberty must be refreshed from time to time with the blood of patriots & tyrants’ – Thomas Jefferson (sic all).”
Royl then stated, “’The day’ Commissioner Dutton was referring to was the certification of electoral votes for the President and Vice President of the United States taking place in Washington DC on January 6, 2021.”
Dutton categorically denies all aspects of Sharon Royl’s ethics complaint.
“It’s nothing but a political attack. These people have a political motivation. I can’t imagine they’re taking their ethics complaint seriously because on it’s face, it doesn’t violate our county’s Code of Ethics. I have taken no actions at any point that’s violated our county’s ethics ordinance,” Dutton said. “Anyone who knows me – anyone – knows that this accusation is totally baseless and totally false. I urge everyone to judge me based on how hard I fight for everyone – not only my constituents – but everyone in every demographic whether it’s my district or any other geographic location, whether it’s my race, whether it’s my gender or my age, I don’t just fight for people who look like me or live near me. I fight for everyone in Spalding County, so everyone here will have a better, brighter future. I want this to be a place where everyone’s children and grandchildren will want to live, work and play after they finish college or trade school. I want them to look forward to having a career and raising their family here.”
Dutton then reiterated his assertion that this ethics complaint is a politically-motivated attack.
“Just look at who’s behind this. These people are so left-wing they’re even attacking the Urban Outreach Association,” he said. “It’s obvious to anyone who observes this with any level of fairness at all that this is a purely politically motivated attack and nothing more.”
Royl did not respond to an email welcoming comment.
The Spalding County Board of Commissioners meeting during which this ethics complaint is slated to be discussed will be held at 6 p.m. in Room 108 of the Spalding County Annex.
It can also be viewed online by linking from the Board of Commissioners agenda located at https://spaldingcounty.novusagenda.com/agendapublic/.
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