StarNews: County officials look into statewide bill as way to remove Berger from office

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Submitted: Tue, 04/02/2013 - 12:43am
Updated: Tue, 04/02/2013 - 1:50pm

By: Ashley Withers

New Hanover County is almost out of options to remove Commissioner Brian Berger from office – primarily because Wednesday is the deadline for state legislators to file local bills.

Berger has refused to resign time and time again. Most recently, Chairman Woody White called for his resignation in late March after his latest rants and erratic behavior left county staff and his fellow board members fearing for their safety.

But beyond Berger’s resignation, there are currently only four ways to remove an elected official in North Carolina: if the member is convicted of a felony, corruption, financial or election law violations; the board files an amotion; or the attorney general brings action on behalf of the state in Superior Court. The state legislature could also pass an act removing him.

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  • jj says:

    He was voted in by the people and good or bad he was elected. To pass a bill that would allow someone to be remove just because some people don’t like them is going to far. That means any elected offical could be remove if he voted against something the other members wanted.

    Well, another thought on this maybe it would give us a way to get rid of the Mayor of Wilmington and the council members that are always costing us money.

    Berger hang in there…..

  • Guest57 says:

    I have no doubt that the voters of New Hanover County would re-elect Brian Berger. He best represents the mores, hopes, dreams, and aspiration of this county’s people. When I think of New Hanover County, it’s people like Brian Berger that come to mind.

  • anne says:

    Since you consider him threatening, why not have a restraining order taken out, thereby he can’t be there at the meetings. He is not serving his position anyway so no great loss

  • Guestdamnyankees says:

    and what great Northern State do you come from. When I read a post like yours, I think what stupid Yankee wrote this.

  • Angewidert says:

    … some a-hole like you pops out from under a rock and does that stupid “damn yankee” thing.

    Berger was elected by people from NHC, not somewhere else. The vast majority of voters who voted for Berger were originally from here, not somewhere else. That makes the people who elected him the stupid ones, not someone from somewhere else. With that many stupid voters, guest 57 is probably from here, not from somewhere else.

    Guest 57’s post was truly asinine …. and …. unfortunately, so was yours.

    Stop embarassing the rest of us with your blame re-assignment nonsense.

  • Brian says:

    Can’t get a restraining order, because he’s done nothing wrong. He may be exhibiting odd behaviors and is difficult to get along with, but he’s never attempted to hurt anyone.

  • Guest1234543 says:

    I should hope that the state legislator has a lot more useful things to work on than one Brian Berger!

  • OtherGuest says:

    Don’t count on it!

  • RCribb says:

    I think a bill should be passed to move the people that voted for him to the crazy house….

  • Vog46 says:

    A – None of you are psychologists so stop diagnosing Brian Berger. he has not been diagnosed as crazy – nor has he been declared crazy by a judge. His background check for a gun purchase would not reflect any “lunacy”.

    B – The show is over Woody White and Beth Dawson. Start attracting jobs to the county like you said you would during your campaigns. To continue this charade is to give you an excuse NOT to fulfill your promises – sorry – stop giving Brian free press. Go about your jobs.

    C – Stop wasting time with this empty headed blowhard. Its is a distraction from economic calamity that is engulfing this county and you ignore it. You may rue the day you decided Brian was more important than jobs are.

    Finally, Brian? Resign. You are hurting the Republican party and making a mockery of New Hanover county with your continued theatrics. Stop the acting job, if that’s what it is, and do the job you were elected to do. You are done as a politician – the next election will be your last. Do NOT run for re-election as we are sic of your shennanigans. You are the epicenter of all that is wrong with New Hanover County.


  • SurfCityTom says:

    you know he’s staying until he finds another source of income.

  • Guest-o-matic says:

    …he’s only a part of it. There are 4 others that make up that “epicenter” you describe and they aren’t THAT far off Bergers mark!!!

  • Paul says:

    I say let him stay and just ignore him. His votes aren’t the problem anyway, just his behavior. And that is solved by ignoring him.
    Going the route of legislation to remove him from office is a very dangerous precedent, that could have unintended consequences both now and in the future.

  • KenW says:

    I assume it’s very hard to ignore him.
    I wonder what it’s like to be the person who every time your voice is heard the people cringe. I guess I’ll ask Pat Kaballa and find out

  • SurfCityTom says:

    as though this will really happen.

    There is no likely chance the Legislature will enact a bill which is so broad in base it would even allow a process for the removal of Legislators from their positions.

    There is an alternative out there if someone will organize the effort.

    One would think with all of the Brian Bashers out there, an organizer would step forward.

    On the other hand, there will be an election.

    Have there been any attempts to identify a replacement from within the Republican ranks?

    Right now, I would think Bozo the Clown has a leading position in the race should he choose to run for office.

  • Vog46 says:

    What’s the alternative that’s out there?


  • Guestcomment says:

    White is full of himself and needs to be reined in. he is so self serving so full of himself and so arrogant- he has crossed the line.
    Berger has a right to challenge Woody- whatever Berger’s issues and credibility lets not be blind to Woody White whose arrogance and lies should disgust us all. If we have a state bill- I agree with others who say lets take a real close look at ALL that has gone on at County level in last few years. Piling on Berger- only highlights how things have crossed the line in NHC. this is more than just your usual dirty politics! If we want to kick Berger out lets kick out White, Dawson and folks like Amorrosa and her husband- what was relationship of some of these folks and some others in town with Ball team fiasco and Covantra?
    Follow the Money and maybe we learn something!

  • Guestwit says:

    Hamilton needs to look in the mirror. Remember her hypocrisy and lies on FRACKING. bEYOND THAT IF SHE INSISTS ON A VENDETTTA AGAINST BERGER WE WILL ask state legislature and others to take a look at her rental of her home to Film Company. Talk about conflicts of interest that stink to the high heavens. Suzi Hamilton is NO Mother Teresa!
    Hamilton is a farce and a disgrace.

  • Guest 1492 says:

    and in exactly in the same style.

    Methinks Guestwit, that thou art also Guest “Straightshooter” and thou art engaged in the nefarious art of double-posting!

    A pox on thee and thy double insanity!

  • straightshooter says:

    Caster and White- look at the money trail. White is in the opinion of many a lier-and even worse. If Raleigh gets involved, we will be asking state legislature to look at White and his possible corruption and lack of ethics. He tried to cut a sweeet heart deal for his yacht buddies- does he have ties to projects that have been voted down in NHC because of bergers courage? SBI and RICO along with the national news media will bring White down. His arrogance and visciousness is crossing legal and ethical lines. Remove WHITE and DAWSON if we go after Berger.

  • Guest 1492 says:

    He’s only active late at night. You must be Berger’s nutty roomate.

  • SurfCityTom says:

    “…the board files an amotion…” Some type of legal proceeding in which the Board makes a filing; hearings are held; testimony taken; and a Judge issues a ruling.

    In this case, it appears the Board would prefer to avoid taking action more ardently than Brer Rabbit avoided the Tar Baby.

    Other alternatives might be:

    Find Brian a wealthy woman with low expectations

    Sign Brian up as the Port City’s Baseball ambassador

    Have Brian annointed as His Royal Majesty, Brian I of Masonboro. Helicopter he and his dog to the island. Weekly drop off non-perishable food items. Relieves him of the need to shave, consistent with some photos. Removes him from the Roadways and the need to maintain auto insurance.

    Appoint Brian as the County’s Court Jester

    Find a viable and electable candidate and beging promoting him now.

  • Vog46 says:

    “Find Brian a wealthy woman with low expectations

    Sign Brian up as the Port City’s Baseball ambassador

    Appoint Brian as the County’s Court Jester”

    Those things would qualify him for Mayor.
    We can’t have that !!!!!!


  • Vog46 says:

    “”…the board files an amotion…” Some type of legal proceeding in which the Board makes a filing; hearings are held; testimony taken; and a Judge issues a ruling.”

    Without a criminal act being committed I have a problem injecting the Judiciary into this. So far as I know, berger has broken no laws that would call into question his capability to conduct his elected duties.
    The Commission would never do this IMHO as they would be turning on one of their own. This would set a dangerous precedent.
    Absent recall elections we may have to sit Berger out……


  • SurfCityTom says:

    criminal actions are seperate. Conviction of a felony is grounds for immediate removal.

    They used this “amotion” gimmick in Durham a few months back to remove the DA of Durham county if I remember correctly. She was acting in a sporadic and inconsistent manner with her position.

    It’s time consuming; and does require some extra efforts on the part of a group of citizens or the Council.

    They keep calling him out. Seems to be about time for some group of citizens or the Council to grow a pair of stones and begin the process.

  • Vog46 says:

    In Durhams case it was and elected District Attorney (Judiciary) who was questioned by the County(?) (legislative) which then had a hearing which was decided by a Judge (Judiciary).
    So the Judge decided that a person elected to the Judiciary was not effective in doing his/her job.
    In THIS case you have and elected legislative official who is “questionable” (I’m being kind) – and you are expecting other elected officials to bring about a court hearing so a Judge can decide the fate of an elected legislator.

    In theory I suppose it could work, however in practice I don’t see it happening and it seems to be fraught with possible legal challenges that Berger could mount – costing taxpayers a LOT of money.
    If the County Commissioners won’t “grow the stones” would they support an initiative that was started by “the people”? Knowing it would be ALL cost with no possible return?

    I wonder if it’s time for NC to allow for recall elections?


  • SurfCityTom says:

    1. it would apply to Berger

    2. it’s the only way, short of finding him a wealthy woman with low self esteem or annointing him Brian I of the Masonboro Duchy, which will get him out prior to the next election.

    There is no legislature immaginable, in this state, which will enact a bill affording recall. Carolyn Justice was approached on the subject last year; and I believe she noted it would not fly.

  • casterfanclub says:

    A number of folks have suggested that this is just the normal dirty politics we see everywhere. NOT so- this a reflection of how disgusting and unlawful things have gotten in NHC. The vendettta against Berger has crossed a line. Frankly, I hope he brings a RICO lawsuit against the County and That disgrace named Woody White.
    Why hasnt Wanda Copley fired the individual who stole Bergers confidential records and offered them as an exclusive to the Star News.That stinks and so does the lack of action by Ben David.- should she be facing ethical and legal scrutiny?
    Why did Sandy Criner not recluse herself from a case where she had both a real and apparent conflict of interest? Should she be the the subject of legal and ethical scrutiny?
    It has been said by some that you cant challenge the vulger “political establishment in NHC”
    That is rubbish- this is about a small group of county folks who have arrogantly flaunted the law and need to be put in their place!
    Yes- let’s ask the State legislature and the feds to get involved but lets look at the conduct of not just Berger- but also- White, Dawson, Copley, Criner, Coudert. What is taking place stinks and this goes far beyond just one individual.

  • SouthEastNC says:

    What did we tell you about posting here?

  • Guest 10101 says:

    the Easter Bunny as well. Easter was just the other day and yet you failed to include him in the blame game? You’d have to be nuts to not include him! Not sure if the feds will investigate him though ’cause he’s pretty popular at the White House this time of year.

    (MY bad … Your already nuts, so it’s probably OK)

  • straightshooter friend says:

    Woody- thanks for your comment. Berger has his issues-no doubt—but so does White- so Woody if you want brian to get help why not take a course in anger mnanagement yourself and get some education on ethics-which you clearly need.

  • idiotsramongstus says:

    Me thinks you are correct…And there’s all the SCREAMING..

  • Guest 1492 says:

    Got you identities mixed up? You were supposed to reply as “Guestwit”. You’re so screwed up you don’t even remember which identity you are at the moment. :-)

  • ChefnSurf says:

    Regardless of whether or not Berger can be removed from office, it’s about time someone finally stepped up to at least try to do the right thing for the citizens of NHC!

    New locks on the NHC building also a good idea. No reason for Berger to be prowling the halls at all ungodly hours. Next step is to institute some new regulations to prevent Berger (and sometimes others) from wasting NHC employee’s time (and our money) with endless, unnecessary tasks.

    Hey NHC leaders ……. What took you so long?

  • SurfCityTom says:

    take a breath of fresh air?

    Rather than follow the money, why not put up some of your own to fund his re-election efforts?

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