Commission agenda includes resolutions to reprimand Berger
 

WILMINGTON, NC (WWAY) -- The agenda for Monday's New Hanover County Commission meeting released today gives a look at resolutions commissioners will use to reprimand Brian Berger.

Commissioners plan to discuss a Petition in Amotion to remove Berger from the board and to censure him during the meeting.

According to the resolutions, commissioners cited Berger's 12 unexcused absences since taking office, his criminal charges, statements he has made against county officials, money he owes the county and his refusal to resign as reasons why he is unfit to serve.

Click here to read the resolutions

"What I need to know are what are the consequences, number one, of this process," Commissioner Jonathan Barfield said. "I need to be more educated on this, and I think that will be the position of the entire board."

Ahead of monday's meeting, commissioners will meet tomorrow for their agenda review, where they will discuss the censure and amotion against Berger.

None of the other commissioners, including Berger, have responded to our requests for comment.

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Showed Berger "the way"
Barfield doesn't know the consequences and I believe nobody else does.

If Brian were "smart" he'd show up with an attorney steeped in NC Constitutional law.
I would turn this into a circus - both media and legal.
I would play this as "everyone is against me because....."

Why? Well, without recalls there is no defined way to remove a Commissioner from office, and Woody White may have over played his hand.

Will he?
This is Brian Berger we're talking about so I really don't know what he'll do.
Time to pop some popcorn I believe - the opening credits are stating to roll.

Vog

Vog, If I do some yard work at your place, can I have some of that pop corn?

Amotion is a 5 step process. Of course Barfield is going to weasel out of taking a position; I just can not imagine a fence that strong.

I agree, Berger should have an attorney present who will make all parties look ridiculous. But who will cover that expense? Thom Goolsbey?

But first, they have to approve the motion. How many will be absent in body or spirit? How many will decline to vote? How many will see this as a precedent setting opportunity which could apply to any of them? Remember, even private citizens can initiate the action.

Vog, At this point, I don't think anyone knows what the outcome of this mess which is Brian Berger will morph into. Brian bringing in an attorney may only bring in results he does not want to hear. Like you say, it should be entertaining. I believe that the commissioners do know something and are holding it close to their vest. They are the ones who must now try a proactive approach and if it fails then retreat, exile Berger to the end of the bench and let him sit for the rest of his term as non-existent. He performs as such anyway.

That's just it - we elected him, WE should remove him.
Any motion prior to the election can, and should, be seen as politically motivated. THAT'S the unfortunate circumstance of NOT having recall elections. Just raising the amotion process raises the spectre of politics.

Vog

Vog, I had originally intended to write a missive saying to a word (yours) that Woody White was overplaying his hand in this matter of Brian Berger. I found this article: http://canons.sog.unc.edu/wp-content/uploads/2009/10/Removing-Local-Elec...

You will see in the middle of page 555 in the article that three classes of offenses could justify amotion all, in my opinion class (2)"Offenses amounting to noncriminal misconduct" may very well be applicable to the case at hand against Berger.

If one is anti-Woody White, the loud argument is that he is engaging in a political power play to appoint a replacement commissioner for his own gain. The pro-White argument reduces to his "stepping up" and dealing with the problem of a damaging and incompetent member of the commission.

According to the National Conference of State Legislatures, only 29 States provide for the recall of public officials. http://www.ncsl.org/legislatures-elections/elections/recall-of-local-off...

Though North Carolina is in a minority by not having a provision to recall its officials, it is far from alone. NC was in a far smaller minority of states that until recently allowed for the involuntary (forced) annexation (taking) of taxpayers' property by municipal governments.

I am, struck by this passage in your link (thanks for providing it by the way)
The charge must be specific enough to provide a defense.

The reason of (2)"Offenses amounting to noncriminal misconduct" seem awfully vague to me and I see a defense as being argumentative and easily accomplished.
Berger could drag this on past his term of office, at which time WE WILL Decide at the voting booths.
In the mean time White wastes county attorney time (yes Mr White - its REAL money) and Berger makes a mockery of local government.
I do not believe that the Legislature will vote to remove a candidate from the Tea Party who has not committed dereliction of duty in a gross highly definitive manner.
So our collective thoughts of relegating Brian to the end of the bench looks better and better - but White reacted and now has to stay the course.

Vog

My thinking may be off on this Vog, but it is not implausible that Berger is actually accomplishing a mission to confuse, confound, undermine and as you say make a mockery of local government.

Woody White or any of the other commish's do not see the money they spend as real money, they see it as their money and spend it frivolously as in this instance, without regard to the best interest of this county or its people.

Berger doesn't have the intelligence or will to make a "mockery" out of anything. The other commish's have done that on their own and conveniently use Berger as decoy and a shield.

White does not have to stay the course. He needs to sit down and shut up! The more he talks, all the worse and more desperate he looks. He can forget the next election too.

to my knowledge, the Legislature has no role in this process of amotion.

It's a 5 step process. Step 1 is to approve the commencement of the process. Then they have "hearings", including a public hearing, in which "the evidence" is presented. Then if I understand the process, it goes to a Superior Court Judge for ruling.

At least that is how I read it.

He ain't nothing more than a pimple on the A$$ of the tax payers, and a detriment to the entire system and its people.