Berger can stay on commission, but must follow rules

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Submitted: Mon, 09/16/2013 - 8:35pm
Updated: Tue, 09/17/2013 - 12:15pm

WILMINGTON, NC (WWAY) — New Hanover County Commissioners say they will let Brian Berger stay on the board… for now.

Today was Berger’s first commission meeting since he was reinstated earlier this month. The board voted 4-1, with Berger against, to approve rules he will have to follow for the remainder of his term.

“We’ve had lots of red flags go up on Mr. Berger, and for us not to take action to protect these people is a mistake,” Commissioner Thomas Wolfe said.

Wolfe says Berger does not have to report to the county, so when he makes staff feel uncomfortable, it falls on his fellow commissioners. That’s why he says they set rules for Berger in place.

“We want to make sure the staff feels comfortable in what they are doing, and at the same time give him the ability to do the work he needs to do on behalf of the citizens of our community,” Commissioner Jonathan Barfield said.

The rules commissioners set for Berger say he has to be on time to all public meetings and cannot cause a disruption.

He is only permitted in the New Hanover County Government Center during business hours, unless he is attending a public meeting, and will not get a key to any building. Berger or someone on his behalf must call ahead to tell staff when he is coming, and he must be escorted by a sheriff’s deputy.

Berger cannot abuse his e-mail privileges by sending rambling messages. He may make reasonable information requests during public meetings.

He is not allowed to use any county-owned vehicle and will not be allowed a county credit card.

“We’ve got to get this behind us,” Wolfe said. “If we can contain him and get this behind us, then fine. That’s the goal.”

Berger said he could not comment on the rules because of pending legal issues.

Chairman Woody White also refused to comment.

Vice Chair Beth Dawson said she would discuss any other item on the agenda, which she deemed more newsworthy.

The commissioners will be back together again at a town hall meeting at 6:30 p.m. in Wrightsville Beach.


  • Carol Kramer says:

    Were there any votes that were taken during Brian’s banishment that would have gone down differently had Brian been able to vote? If so, can Brian challenge them and force that the votes be invalidated?

  • Cathie24 says:

    Did any of the other 4 commissioners drive drunk, have a domestic violence violation, send emails that were incoherent or make unusual requests of the commission. Have any of them not do their job or not show up? Did any of them break a court order to stay away from his victim? If you can answer yes to any of these, then your right, these rules should apply to all of them, but I doubt you can name one (no matter how much you may dislike any/all of them. If any of you think you can do better job, then run for a seat. However, I do suggest that you study up on what the seat entails.

    This man is a ticking bomb and unless he is on meds, will do more harm than good. Maybe not now (he’s got a lawyer pulling his strings), but he will blow and God help anyone within his reach. I seriously hope I’m wrong.

  • KrisC says:

    Mr. Berger has done nothing but waste the people’s time on his own personal quirks. He has never presented anything of substance and holds up the commission continually. Running the county’s business is serious work. The Commission is not a kiddie rumpus room where you get time out for bad behavior, a sticker, and then come back and do the same thing all over again. Mr. Berger is an adult, and thus he is expected to perform his duties as outlined, attending meetings on time and being cooperative in expediting all matters before the commission. There are no two ways about it. As a citizen, I expect it.

  • Guest 10101 says:

    Rein him in, cut out his unnecessary expenses, keep him from getting in the building in the middle of the night and running a gazillion copies of his manifestos and wait him out.

    Because he’s acted outside of the norm, his boundaries should be set accordingly.

  • Rick Wilson says:

    Please list the transgressions that Brian Berger has been found guilty of in a court of law with the docket numbers. Especially the one that would require him to be escorted by a deputy. Please also list your psychology degree(s) and the number of hours you have spent with Brian Berger to come to your determinations about his mental health. To my knowledge, Brian Berger is now the only person alive that has to be escorted by law enforcement when entering the county government complex. This is ridiculous, and if he chooses to challenge this in a court of law……he will prevail again. In November of 2014 the voters of New Hanover County will decide if Brian Berger remains a commissioner, the way it should have been handled all along. These rules are sour grapes on the part of White, Wolfe, and Dawson. I am surprised that Barfield went along with this.

  • Soputhern Born says:

    Berger, wins!! they have completely stepped across the line now, you had a marginal chance at this not being a personal windfall for Mr. Berger but now its for sure, rules that only apply to one person with say some issues, there are thousands with issues everywhere in Wilmington but make them only apply to Mr. Berger is discrimination, empty the check book its over.. if they had made the rules that any one who displays certain characteristics such as Mr. Berger has displayed must abide by the rules its legit. Just saying Game Over…

  • burgerboy says:

    ha ha ha, turns out Brother Burger got back on the board after all, and old woodrow white is mad because he tried to do everything he could think of to get rid of him and HE’S BACK! and now their making up all these childish rules against brother Burger to try to make him quit, they should make all those rules apply to the rest of the commishiors as well, and especially take away woodrow white’s credit card he prolly spend’s taxpayer’s money on rogaine to put on that old cue-ball gourd of his ha ha ha!

  • beach guy says:

    Anyone can file domestic violence charges, and by state law a judge must issue an order of protection no one has been found guilty in a court of law of anything yet so before you bash the guy give him his day in court anything less is liable, luckily we are not in some other states where one can be held accountable for the dribble they post on a blog with out any proof what so ever that this person is guilty of anything and inferring that they are mentally unstable to a point of violence. The guy has Autism do you think this could account for the e-mails? Remember in this country you are innocent until proven guilty.

    Which commissioner do you support by the way and how is it helping you
    to agree to this unconstitutional witch hunt.
    Are all of our freedoms sold so cheaply?? Remember If these wanna Be’s can pull this on Berger and get away with it who is next? I tell you who anyone that does not play ball. The people of this county state and country need to wake up and realize that no one in office has YOUR best interest at heart. All they want is the power that we cede to them through our vote and they will wield that power to their own advantage and profit unless the public holds them accountable.

  • Guesty102 says:

    Well, I know one thing for SURE…Woody White is not the lawyer to call in this town if you need legal advice. Where did he get his license, ACME mail order??
    I predict BB will sue and win and be awarded quite a nice settlement.

  • Guest4Berger says:

    Brian Berger is currently asking for donations in order to pay his past and future legal expenses. The fight to get him back into office has been expensive and the fight to protect his Constitutional rights in a potential civil rights lawsuit will also be expensive, so donations are encouraged. Details will soon follow.

  • RobSurfCity says:

    Woody White would be the first attorney I called if I needed advice. As an observer living in an adjacent county, I admire his unwaivering stance that he and others took against Mr. Berger. Just because Mr. Berger appears to have won round one in this conflict does not mean that Mr. Berger does not have any character flaws or quirks that may or may not manifest at any time.

    I commend Woody White and those that supported him in this endeavor.
    In my opinion, money well spent. I will be contributing to Mr. White’s campain for any political office he may seek in the future.

  • Barry says:

    Berger has brought all of his troubles on himself and like a cancer has spread them all around with his foolish and self serving behavior. To all the folks who think he has been wronged, that is your right. He will not win any damages. And, next year after the elections one of you that think he is so great, give him a job and support him for a while and see how that works out.

    Maybe these rules will keep him in check until that day comes.

    Meanwhile all of you Berger groupies, well, you know what I think…

  • Guest2020 says:

    As an American citizen, you should be appalled that Woody White and his cronies tried to usurp the power of the voters. He did what he did based on lies and innuendo. Thankfully, the judge saw through all of that nonsense.

  • Guest2020 says:

    What unnecessary expenses? And where is the proof that he has done anything wrong? Oh yeah, there is none. That is why the judge ruled in his favor.

  • Guest2020 says:

    The people who are defending Woody White’s attempt to usurp the authority of the voters, is what is wrong with this country. Why can’t you see how wrong it is for an elected member of a government body to work to kick out a fellow member that was also elected? If this is applauded, then why bother having an election system at all? The most powerful thing we can do as citizens is to vote. We should not be okay with someone taking that power from us.

  • paul says:

    berger is a clown he needs to be in a circus

  • Brant says:

    Character flaws and quirks? Who cares? You should do a little digging about Woody before you heap such praise on him. Those of us that share the country with him might know a few things.

  • Guest 1492 says:

    Better yet, keep you 42 cents and apply it towards trying to regain your sanity.

  • Rick Wilson says:

    Perhaps you would like to personally pay for the failed amotion process started by Woody White. It is easy for you choose to support someone who wastes taxpayer money on personal agendas when it is not your tax money being wasted……….

  • Guest2769 says:

    “F” Burger. I am tired of his antics.

  • Vog46 says:

    I guess you don’t value your constitutional right to vote eh?
    Willing to let Woody remove a duly elected official instead of doing it yourself?
    If Woody can by pass the Constitution for voting I guess you wouldn’t mind if Woody took away your second amendment rights to bear arms?

    Removing Berger is the voters job not some hack lawyer with an over inflated ego.


  • Guest123456 says:

    He’s already 20 min late to a meeting on Wrightville Beach, 20 min after the meeting ended. The reason why is because he was not invited………………………………………………………from WWAY
    “Despite the fact that Berger says he wasn’t invited to the meeting there is an open invitation for the meeting listed on the New Hanover County website.”
    So I guess they will have to hold his hand and babysit him. This person is not able to control himself in the proper manor. And no Im not picking on him because he is disabled. I have a parent who is disabled, and in an assisted living home. My parent is more responsible than this man. She keeps up with all events in the home in her notebook ( she does not have a computer to input info and remind her ) she knows if she does not do her chores then only she is responsible. Sorry Im hard on the man, but holding someones hand is not always good for them.

  • Guest123456 says:

    Not anyone can just file a protection order and get it after the 30 days instant protection unless a judge signs off on it. I went to court in 2012 and watched 7 people out of 26 not get granted a protection order based on, they had no proof. I only the other hand had a busted face, broken items in my home and a slashed tire. SO NO SWEETHEART just because a girl cries she is battered does not mean she gets protection. I think you may need to get off the net and go spend a day at your local courthouse. Anyone who posts online what they think as fact when its not has not is just dumbing down our state.

  • RobSurfCity says:

    I live in Surf City in Pender County, but have business interests and several rental properties in New Hanover County that pay taxes. So I do have an interest in this issue.

    Oh, by the way, I would not only consult with Woody White if I needed an attorney, I would recommend him to my friends and business associates as well. Give Berger a few months, and let’s see whose posture prevails. My tax dollars are on Woody White.

  • Guest 10101 says:

    Gee, I can’t think of any at all, unless I was to include stuff like going into the center’s office in the middle of the night and using NHC’s equipment as his personal copy store or creating make work for the NHC staff with a ton of requests for useless reports or perhaps no-show travel reservations were to be included. Those might be deemed unnecessary by a sane individual.

    Not showing up for county business or not being prepared to address county business might not be wrong if your approach it from an irrational point of view, otherwise it’s probably wrong.

    The judge ruled in his favor exclusively because the amotion procedure itself was wrong. That was all the ruling was about.

  • Guestwit says:

    Better the good heart of this young man- than the sleazeball and vile tactics of weasels like White and Dawson. Their tactics to corrupt our system and stifle free speech is pathetic. Lets take a hard look at his access to the same info as other Comms- odds are they are still playing games with him. Ultimately, their political thuggary will be exposed to the same ridicule as the postings here.
    Shame on Weasels Beth Dawson and Weasel Woody White!!

  • Guest Rules says:

    How can the other 4 comm. set rules for one other comm.? The only one i agree with is to be on time for meeting. I think all the other are spending there time trying to tell Berger what he can and can not do.We do need a new group of commissioners period,it one thing for sure these commissions are not for the people of New Hanover County.

  • Snarkmeister General says:

    Well said, beach guy. I am somewhat surprised that Comm. Barfield failed to recognize the discriminatory and abusive elements in these “rules” and voted for their implementation.

  • beach guy says:

    Do the same rules apply to all commissioners? If not this is discriminatory practice and once again WW and the rest of the flying circus is setting us up to get sued.
    if the guy doesn’t show up on time start without him that is what happens everywhere else in the world (except China)
    Escorted by a sheriff like he is some kind of felon that has been actually found guilty of something?
    This is this the work of the petty minded commission we have now. Why not do the work of the people and get your pound of flesh on your own time.
    You all better make hay while the sun shines because me thinks your days are numbered only to the next election cycle in which all of you power mad narcissists will be back in the private community and Barfield you are a tenured member how did you let this group of knuckleheads get so far out of line and now you want to run for higher office well good luck with that one!

  • Guest1111112 says:

    Why either of these two were EVER put in office proves to me the NC, party system is corrupted to the point that republican’s will vote for anyone branded a republican. I know many democrats that no longer vote for McIntyre b/c he’s really not a democrat at all, so I don’t believe democrats vote straight ticket, locally anyway. I know dems that did not vote for Purdue because she was lacking effective leadership experience. I know of nothing either one of the Commissioners in question did to qualify them for public office, so why all the votes????

  • Vog46 says:

    Woody caved to the pressure.
    Brian should have unfettered access however, as he has proven to be no danger to anyone. There was no direct testimony by witnesses or victims of Berger’s so called “threats” at the amotion hearing.
    As far as the judicial system is concerned they did not happen, nor is there any evidence showing that it did.

    Berger won – White lost
    We will NOT reelect Brian Berger.
    I doubt we will reelect White either.


  • Snarkmeister General says:

    Brian is an elected member of the New Hanover County Commission. He is bound to follow ONE set of rules, those rules being the General Statutes of the State of North Carolina. These additional “rules” specially governing Brian’s behavior amount to nothing more than the continuing harassment to which Brian has been subject since he first was seated on this commission.

  • Guest Reply Redux says:

    “Woody White Is Served Crow (undercooked)”

  • Guest2020 says:

    If he has to follow those rules, then the others should. Their claims about his conduct have proven to be unfounded. Therefore, he should not be treated any differently than the others.

  • Charles Walters says:

    He is a Damn nut job.

  • GuestB Jones says:

    We have been inundated with Berger”s transgressions…what are his accomplishments?

  • Guest Reply Redux says:

    Shouldn’t the rest of them follow the rules too…or just Berger???

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