Brian Berger accuses New Hanover County of discrimination

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Submitted: Tue, 08/20/2013 - 3:22am
Updated: Tue, 08/20/2013 - 11:56am

WILMINGTON, NC (WWAY) — Former New Hanover County Commissioner Brian Berger has filed an employment discrimination charge against the county.

Berger claims he was harassed and eventually forced from office because he has autism. Meanwhile there are new developments in his amotion appeal.

In the complaint filed last week with the US Equal Employment Opportunity Commission, Berger accuses the county of violating the Americans with Disabilities Act.

Berger marked boxes for “retaliation” and “disability” as the reasons why he feels he was discriminated against.

In the complaint Berger writes, “I was subjected to harassment and intimidation and discharged because of my disability and in retaliation for participating in protected activity.”

County spokesman Charles Smith says the county has not yet responded to the charge.

Meanwhile Smith says the judge handling Berger’s amotion appeal has granted the county’s request for a protective order to stop Berger and his lawyer from gathering information from the Wilmington Police Department and the District Attorney’s Office about Berger’s arrests, as well as from deposing Commissioners Jonathan Barfield and Woody White.

The county argued it was pointless to gather more evidence, when it cannot be presented at this point in the process.

Also on Monday, both the county’s and Berger’s attorneys filed supplemental briefs in the appeal.

The county says it did not deny Berger’s due process rights and gave Berger every opportunity to dispute the claims against him during the amotion hearing, but Berger’s attorney says commissioners did not provide adequate notice of all the rules for the amotion hearing.

The county again detailed many reasons why commissioners wanted to remove Berger from office, including arrests for domestic violence, driving while impaired and his frequently erratic behavior, which all made for a hostile work environment for county employees.

Berger’s attorney contends those claims do not rise to the level needed to remove an elected official from office.

We tried to talk to county commissioners but the only one we were able to get a hold of was Commissioner Barfield who said they were instructed not to comment by their attorney.

We also reached out to Berger’s attorney Chris Anglin but he wasn’t available for an on camera interview. He did however say that a ruling on the amotion appeal should be made in September.

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16 Comments on "Brian Berger accuses New Hanover County of discrimination"

beach guy
2015 years 8 months ago

The article plainly said that Berger”s attorney is Chris Aglin(?) I guess you left wingnuts cannot read after all (must be a product of public school) and will use any excuse to denigrate an duly elected Republican and spew your Fascist hate mongering speech. Do yourself a favor just stay home and collect your government assistance and leave the rest of us that pay for it alone.

Guest 038875
2015 years 8 months ago

When you “ass”ume, you just make an *ss out of yourself.

Before you post junk like this, it’s just common sense to check out your facts first before blathering.

Questions that would make sense to ask yourself are:
* Is Goolsby actually a Tea Party member?
* Is Goolsby actually the attorney representing Berger in these proceedings?

Anyone can make an *ss out of themselves but it takes a giant *ss to do it in a public forum.

Need a bigger toilet seat these days?

2015 years 8 months ago

I’m assuming Berger is being defended by fellow right-wing, Tea Party kook, Thom “Moron Monday” Goolsby?

Takes one to know (and defend) one!

2015 years 8 months ago

Yes, New Hanover County is guilty of discrimination. County government discriminates against epic stupidity. County government discriminates against those who REPEATEDLY break laws. We discriminate against those who REPEATEDLY get arrested for breaking laws – especially when the arrestee winds up behind bars more than once for the same crime. We discriminate against those who are given responsibilities to our citizens and then repeatedly flout those responsibilities.

As a lifelong resident of New Hanover County, I’m perfectly okay with this kind of “discrimination”.

2015 years 8 months ago

Mr. Berger kicks it up a notch and into Federal Hands.

The county might as well accept this is not going away.

If the Judge rules he does not have jurisdiction to make a decision; and returns it to the county, then he and his attorney will have all the opportunity they need to take all of the testimony and statements they wish — IF — the County decides to hold a second amotion hearing.

They ought to do the right thing for the taxpayers; end this now and cut the legal costs. Let him resume his seat; 2014 is not that far off.

“…including arrests for domestic violence, driving while impaired and his frequently erratic behavior,…” If these are all reasons to remove an elected official from office, this could create a clean sweeping effect in virtually every county and many towns and cities in North Carolina. Then they can move on to the Legislature.

2015 years 8 months ago

Berger has succeeded where many independents ad Democrats fail – they have completely made the GOP Commission to look like a bunch of over spending zealots hell bent on appointing another commissioner without electing him/her.
The stench rising from this group is awful


2015 years 8 months ago

Not to mention the politicians on the federal level.

Rick Wilson
2015 years 8 months ago

The voters would have taken care of this problem. White, Wolfe, and Dawson have not accomplished anything other than wasting taxpayer money. He still gets his salary and benefits without attending any more meetings. Wasn’t absenteeism one of the charges against him? This makes as much sense as suspending students for skipping school……

Guest 10101
2015 years 8 months ago

What a can of worms has been opened by these foolish commissioners. As ridiculous as this discrimination issue is, it too will now have to be dealt with.

If these egotistical fools had just listened to all of the people around them who told them to just wait Berger out, they could have quietly painted him into a powerless corner …. but noooo … they had to act like horse’s behinds instead!

And the stupidity in NHC continues …………..

2015 years 8 months ago

What a bonehead! Will this saga ever go away?!?!

2015 years 8 months ago

White attacked Berger on mental health and other issues long before amotion so Whitew coulkd cover his tail. Copley sttod by and di nothin when Confidential infoim was leaked to star news in violation of law- would she have done the same for her firend caster. EEOC has it right–and so are other agencies now looking into White, Copley and Criner.\
Bonehead– just the folks who have stood by and allowed this group of political thugs to distort the truth.

2015 years 8 months ago

You said just what I was going to. What a typical left wing moron; can’t even read an article and throws out insults. Hey basement-dwelling liberal troll – if it wasn’t for the first Tea Party we wouldn’t even have a country.

Monkey Junction
2015 years 8 months ago

Oh the irony. You just criticized a poster for writing insults and turn around in the next sentence and insult liberals as basement dwelling trolls. Have some self-awareness please.

beach guy
2015 years 8 months ago

Thanks ! I truly believe that those of us that still love our country and the constitution have to stand up to the tyranny of not only the lefts rampant implementation of their self serving ideology but the portrayal by the mass media as knuckle dragging miscreants. Folks Just like us started ad built the greatest nation the world has ever known and we have willingly handed it over to people that are either too ignorant or too self serving that they will get what they want no matter what they have to do. whether it is to constantly denigrate a politician and try and hurt them in their private financial matters,or try and make gun owners and hunters ashamed of practicing their God given Rights. Let me clarify for those who can’t read the constitution Rights are GOD given not from the government it is the governments duty to protect those rights. If it is not in the constitution as a right it is an amenity that some politician has bestowed upon us whether we want it or not as in health care is not a right. I am so tired of being marginalized by the so called elite and I am sure there are a whole bunch of folks just like me and feel that this nation is being stolen from us by those who do not love it.
Thanks, Again
Beach Guy

2015 years 8 months ago

Sen. Goolsby’s facebook page shows him as a member of the Tea Party’s facebook page, as well as a group called the Cape Fear Tea Party Patriots, so Yes, Virginia, he is a teabagger.

Guest 038875
2015 years 8 months ago

Wasn’t sure myself if he was actually a bonafide tea-partier because I was lazy and didn’t look it up. Turns out he is. Great job!

Unfortunately, and here it comes, this very news article names his attorney. And it isn’t Goolsby.

So …… I guess that just makes Guestshelia just a giant 1/2 *ss!

(I’m so 1/2 sorry)