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WILMINGTON, NC (WWAY) — Brian Berger will get a chance next month to argue his case against the amotion hearing that ousted him from office. In the meantime, the New Hanover County Commission must wait to fill his seat.

An order issued last week by Special Superior Court Judge for Complex Business Cases James Gale granted Berger a July 16 hearing date at the North Carolina Business Court in Greensboro. According to the order, the hearing will address whether amotion was the proper procedure to use to remove an elected county commissioner, whether the procedures the board used in the amotion procedure complied with due process and whether if amotion was a valid procedure, if superior court has jurisdiction or power to consider Berger’s appeal.

Judge Gale also ordered that the commission not fill Berger’s seat at least until after the hearing.

Last month the commission voted 3-2 to use amotion to remove Berger from office.

Comment on this Story

  • Guest7969

    by all accounts…they kicked him out ILLEGALLY. Even though I don’t want to see him on the Board again…I think they need to be set straight…because WE the people sure aren’t going to do it!

  • Vog46

    His job back?
    He’s NEVER lost it. If he had maybe he wouldn’t still be getting paid would he?
    And lets talk county attorney’s fee’s while we’re at it. I wonder how many billable hours he and his staff have spent researching amotion, gathering evidence and presenting their case.
    Got a clue?
    No of course you don’t.
    If you want to talk wasting money perhaps you should talk to Woody White first and foremost.


  • Rainman

    So the guy who ran on the platform of saving taxpayer’s money and stop government spending is now forcing the government and taxpayers to lspend more money so that he can try to have his job back. Go back to Walbrook Mr. Berger.

  • In my opinion the people who is costing this County money is the County Commission by trying to negate an election by illegal means. I would like to see Berger win this and go on to sue the County for multi millions of dollars.

  • Taxman Cometh

    Berger is what happens when you take a stand…the insiders attack, falsify documents, lie to the people with their taxpayer-funded PR staff, and destroy the reputation of someone who gains nothing from government largesse.

    Chances are civil rights and pro-Constitution groups and people who share the values of the those rights & liberties helped, but lets not forget since taking office Ben David, Ed McMahon and WPD have under very shady, unique treatment destroyed Berger financially and in life with expensive bogus lawsuits, they have never won. Brian Berger should be paid back for those political miscarriages of justice, and those responsible for destroying somebody like Berger has been by oficials like Barfield and the District Attorney, corrupt judges, Rick Catlin and Ted Davis – best friends of those officials and carbon copies of Slick Woody White should be criminally tried for doing more damage to the Constitution than Ed Snowden.

    Where is the so-called pro-Constitution GOP (ha!)in holding these arrogant, above the law folks like Davis and Beth Dawson and Woody White accountable. They should repay the taxpayers. Berger has been smeared to such an extent that the costs of persecuting him for principles, and you might not like his personal life, but your house is thinner glass than Berger’s probably, why aren’t you demanding that the County Sheriff, WPD and bigots like White and Barfield repay the County and I wonder how many more officers would be available for fighting crime and school violence, not Ted Davis, Catlin, Beth Dawson, and county legal and spin-staff expenses wasted in the two-plus year witch hunt on Berger who should sue the County for destroying his reputation and future.

    That’s why good people dont run for politics. Brian Berger and his treatment by the Sheriff, DA, and WPD officers requires a Federal investigation and Pat McRory and others involved should be questioned (McRory just for info) and people, clearly not Berger who a jury would’ve convicted if he was guilty of criminal conduct, but the Wanda Copley, Sheila Schitz, and Barfield, Coudriet, Bruce She;ll and law enforcement civil rights violators need to serve time.

    Berger’s not perfect, but he is not profiting or abusing his office and I have seen him work for the lowest of the low NOT one goverbnment official would help…Berger does. He doesn’t care about money, but doing good. He keeps his promises even when it hurts him and he could jump ship and make a buck like the others. Fight for Berger NOT greed and million dollar political witch hunts using lies to smear one of the most courageous Wilmingtonians.

  • Guest2020

    Just like the rest of us, Berger is entitled to due process. This was not followed and if you want to place proper blame on who is costing the taxpayers money, you only have to look to the three people who voted to get rid of him. He was elected by the public and the commissioners should have left it up to the public to get rid of him. Since there are no laws on the books allowing for a recall election, Woody found a way around the voters and from what I understand, the amotion process was not even followed properly, which is quite disconcerting since Woody is an attorney.

    Just think about this for a minute, if the commissioners are given the power to remove their fellow, elected, members from office, what’s to stop them from replace them at will and fill their seats with whomever they choose. That just makes a mockery of the voting system.

  • guesty

    Where does he get the money to pay for legal representation? A good lawyer isn’t cheap and a cheap lawyer isn’t good.

  • Guest123123

    After watching that last lawyer in action I think he got the latter!!

  • Old Guy

    Hey Guesty,
    Have you ever heard of “contingent”? Thirty percent of millions is hundreds of thousands!
    On another note “we the people” are paying for this whole process. Even when it does go to Greensboro we the people will be paying for the travel, meals and of course their pay. Woody and his cronies should have just waited twenty two months for the voters to have their rights and vote Berger out. But “NO” they had to try and show their “power” by this amotion process. Hey Woody do you feel stupid now! Being Judge and Jury is gonna get you kicked out as well when “we the people” get to the polls on your re election vote!

  • SurfCityTom

    Was due process followed?

    Is amotion the proper means to remove him from office?

    So the facts will be presented. The county continues paying him his monthly stipend, all of his fees such as car; and maintains his health insurance.

    The county also pays the county attorney which will represent Woody and his Motey Crew.

    Just because the hearing is being held, do not expect a quick ruling.

    Note, no mention of allowing the county to prsent additional information.

    Oh, and they can not name a replacement which is a pretty sure sign on how the Judge might rule.

    Did you see White the ther evening with Wizzo? He was not comfortable when this topic came up.

    He knows how it will come down.

  • Country Gal

    It will be interesting to see if Berger can get to Court — in Greensboro — on time. He could never make it to meetings and other hearings on time — in Wilmington — so all of this might be a moot point. He might be a no-show for his own second chance!

  • Guest-best

    Lateness to meetings does not give an elected board the right to remove you. Maybe he will be late to his court date, maybe not. But just to be clear, Jason Thompson was very late to every morning meeting. Ted Davis missed countless meetings due to illness. There is nothing unique in tardiness or absence from meetings. Are these reasons not to vote for someone? Sure. But the only people with the power to remove these elected officials for reasons outside those defined by state law are the VOTERS.

  • SurfCityTom

    how about a properly conducted amotion to remove Woodpecker White?

  • Vog46

    Nope not gonna happen …….wouldn’t be “prudent”.

    The voters can take out Woody White.
    Starting another amotion process now would serve no purpose given the time frame of the next election.
    I can put up with Woody for that long I suppose.

    Now I don’t agree with you on one previous point you made. The judge did in fact say don’t fill his seat but I don’t believe that is steeped in any feelings about the potential outcomes. One question the judge has to answer before anything else happens is the amotion process the correct process to use? If he rules it is NOT then Berger remains but we never get an answer as to whether the county charge could have withstood a hearing. I, like you believe their case to be weak and not warranting removal.
    Should be fun to watch.


  • Vog46

    Are you sure that poster was Berger?

    “These people who work in the offices are tired of it. period”
    Not a reason to remove Brian from office. Nowhere in the amotion process criteria does it list sick of it as a reason for removal. Sick of the charges? yeah I can understand that but think about it this way. The most serious charge against Berger was the hotel room charge that supposedly was not used by Brian. This charge of fiscal irresponsibility was proven false by the hotel itself – making White look like an idiot in the process. Firing from a government position is easiest if it involves mis-use of money. That was Whites best chance and White blew it by not doing enough checking to see if Brian was in fact using the room.
    “He is not prepared, does not understand the most trivial discussion and never contributes anything. He is a Leach, He has made his bed. Due process cost a lot but two years of a freak show cost more.”
    Personal opinion doesn’t count for removal from office Peyton – hate to break it to you.

    “Two more years? I voted for most on this board to uphold what I think is best for the county,, You need to run and clean everyone up.”
    Sorry – not their job WE VOTE THEM IN WE VOTE THEM OUT. Clean up is OUR job why are you wanting someone else to do it for you? You’re as bad as Berger blaming everyone else.

    “I ask you, could or would he work for a company you own? Answer that,,Honestly. I have watched him and his ineptness, on boards in the last 18 months”
    This is EXACTLY the wrong comparison. No he wouldn’t work for me but he doesn’t work for me or you – he works for the 25,000 people that voted for him last time. Elected officials are different for JUST that reason they represent all of us not just you and not just me and WE remove him, no one else. Not 6 people on the commission. Until such time as we the ability to recall ALL the commissioners then any attempts to remove Brian through other means are politically motivated and witch hunts – especially when the one charge that COULD have had legal ramifications was proven false.

    Do I have buyers remorse? Oh yeah – Brians toast in my mind. But then again Woody and his cohorts are also done in my mind because they have made this situation much worse than it should have been.
    They SHOULD have stopped at censure which is what the law allows.
    Clean up is our job


  • Peyton Garrett

    Vog, I really thought you would respond to my comment. Please, please give one of your intellectual jibes. The post I responded to was Berger, He still tries to put blame elsewhere with his theories. These people who work in the offices are tired of it. period. Show proof or shut up. It is so evident. I understand the due process way of doing things but….I ask you, could or would he work for a company you own? Answer that,,Honestly. I have watched him and his ineptness, on boards in the last 18 months. He is not prepared, does not understand the most trivial discussion and never contributes anything. He is a Leach, He has made his bed. Due process cost a lot but two years of a freak show cost more. Two more years? I voted for most on this board to uphold what I think is best for the county,, You need to run and clean everyone up. And really to have Berger try to write that rambling thing again,,,don’t work

  • Peyton Garrett

    Vog We elected or allowed the appointments to the position. I voted for the same . I voted for these people to do my best interest. Berger is, has been and will be a distraction to the board. I, time after time have said I may not agree with the process but really,,, I am not an attorney, I am not anything. but between 4 counties I pay a lot of taxes. I don’t want a lot of hoodoo bull====. I also am tired of the accusations of financial corruption, political malfeasance and on and on. If Berger has verifiable proof, now is the time. I deal with people from Jersey to Florida and it is a joke. I want to see some proof. I also want to know who is paying his legal tender. I also want to see the stuff the county has. But to blame everyone from here to the POPE? Are You that Dumb? Call a spade.

    My oldest son , now finishing his 7th deployment has crapped more in a latrine than Berger has done any thing of consequence. Same age too. Just one other question,,,did he compensate the lady he wrecked? If it is right or wrong there are a lot of things both ways that need to be addressed

    I am sure you can and will pick me apart. These are my thoughts. By the way,,, the eye in the sky is doing a flyover as we speak.

  • Vog46

    One of the problem with being an elected official is that guys like Berger can lob accusation after accusation. The press can do the same as can the public. Conversely elected officials cannot be sued in this state.
    I understand the frustration Peyton but 25,000 people said they wanted Brian Berger. Right now there’s probably a LOT less that want to pursue the amotion process to remove him.
    Just because someone wants to remove him does not justify removing him.
    Where will it stop? If I start an amotion process against Woody White I have politicized the effort because I am but one person. Others may join in but I sure won’t have 25,000 people with me.
    This is the predicament White is in.
    Without recall elections White is now seen as being hellbent to remove Berger for political purposes which even YOU have to admit may be a possibility.
    Conversely Berger should NOT be a commissioner even I have to admit that.
    But the law trumps everything. Without recall censure is the ONLY thing available to the commission. Amotion requires evidence and there clearly is none that crosses the line of requiring removal of Brian from office.
    Don’t ask the commission to do what YOU as a voter are tasked to do. Its up to you to remove Brian from the Commission. And you do so with your vote.

  • GuestWILM1984

    WOODY WHITE AS HAS BEEN noted by others is both a weasel and a political thug. Some in this County have feared Berger from the get go. No question that some county employees broke the law and leaked his confidential info to media in town . No question some county employees lied about his attendance and what County actually owes him. White and DAWSON AND THEIR APPOINTED PUPPET WOLFE ARE A DISGRACE. THEY SHAME US. ISSUE SHOULD BE THEM NOT HIM. Berger is no saint but these folks are nasty, cruel and out for themselves. Make no mistake at some point our justice system should focus on them –and it will. So will media outside town not tied to vested interests here. SOME FOLKS SAY THIS IS JUST YOUR NORMAL DIRTY POLITICS AND THAT FOLKS ELSEWHERE WONT CARE- WELL A LOT OF US THINK THEY WILL!

  • Peyton Garrett

    There you go again, blaming everybody and anybody except Berger and his ineptness for his troubles. He is a freak show, a no show and has no place on this board. Do I agree with everything that transpired to get to this point? No. That will be answered in the judges ruling and if not this judge then the next one or the one after that.

    As for the continued rants of corruption, show some proof. You have now brought law enforcement, the judiciary, just about everyone in the county as having conspired to get Berger. I want to know how all of this corrupted money and power brokering is transpiring in full view of a very attentive public at this point. Found any evidence yet? Any Swiss bank accounts, hidden cash, prostitutes, shiny gold watches? Any verifiable political appointments for financial gain? Any photos of all this corruption going down? I thought not. There is none.

    As far as Berger helping the lowest of the low and being the courageous patriot that he is,,,name some of his crowning political achievements. He does know how to remain up all night in a stupor firing off incoherent E Mails to staff. sending veiled threats like the coward he is. He should address that in an open forum. That is after all what he ran on,,transparency.

    Again, I do not agree with all that has transpired regarding his removal but if he is gone for only a couple of months, that will be a couple of months without a side show sitting at the end of the bench. If you believe what Berger has done to this county is OK then you are just as far off the beam as he is but, that is your right.

  • Straight Shooter

    Berger you are the epitome of lies and corruption! Your whole life is a train wreck! You have done enough damage to this county, just go away!!

  • GuestBullShit

    “straight shooter”, I am curious… Are you really the lemon that Berger originally defeated for your seat on the county commission or are you just an annoying turd.

  • Guest that is disappointed

    Very disappointed in the antics of the NHC Commissioners.
    What they did with the Amotion, was certainly not the wishes of the voters.
    Brian may not fit the “norm” in the perception of his peers, but what has he legally done wrong? Nothing.
    The voters DESERVE the right to voice their opinion at the next election. Why should 4 other commissioners have the right to make that choice.
    This action is not right and it certainly isn’t fair to the taxpayers who will be footing the bill for all of this and for the reputations that it has tarnished. Time for a certain few to get off their “high horses” and REPRESENT the public.

  • SouthEastNC

    Davis missed meetings when he was recovering from emergency bypass surgery – a triple bypass if I recall correctly. That is pretty different.

  • burgerboy

    I say that big baby Burgster should give up on that little rinky dinky county commishionr seat and run for mayor of wilmington, then he could clean up some of these peices of trash that have been runnin around messing up the city for years, ha!


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