2013-04-08 Transcript Exhibit Page
1 ( SHE FOLLOWING IS A TRANSCRIPTION OF A PORTION OF A
2 MEETING OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS
3 WHICH WAS NOT REPORTED BY AURELIA RUFFIN & ASSOCIATES,
4 INC . THERE ARE PORTIONS OF THE MEDIA THAT ARE
5 INAUDIBLE . )
6 * * * * * PROCEEDINGS
7 CHAIRMAN: We have had one person sign up
8 on the non-agenda items of business and I would invite
9 to the podium to speak Mr. Ricky Meeks for a period of
10 three minutes . Welcome, sir.
11 IR. MEEKS: Thank you very much, Madam
12 sir. Not madam but Madam Vice Chairman and Madam and
13 all those County Commission members and staff.
14 I come today for two things real fast . One is
15 the -- take a look at it ' d be nice if we could put a
16 pipe, a drainage pipe, along North College Road from
17 Murrayville all the way to the Food Lion Northchase and
18 put a sidewalk if the County and DOT could work
19 together.
20 And across the street from Trask Middle School
21 therels a crosswalk with a crosswalk signal and the city
22 busses do drop people there off and it is very
23 undangerous (sic) place because a ditch on the other
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1 side of Trask Middle School and if there was a way to
2 put another pipe over there with a nice sidewalk, make
3 it more even.
4 So, if you had a sidewalk from Murrayville all
5 the say to the Food Lion at Northchase, it would give
6 people in the neighborhood an opportunity to walk on the
7 side of the road and also a crosswalk, which is right
8 there, from .Trask Middle School across the street .:
9 That ' s very simple .
10 The other thing I 'm here I went to my very
11 first County Commission agenda briefing this past
12 Thursday. I made the news . My golly, I made the news
13 with Mr. County Commission Berger. That ' s what I 'm here
14 tonight . New Hanover County, we are a blessed county.
15 I 've lived here almost 45 years as of 4th November.
16 And I 'd like to say some things „ I just want
17 to respectful that for people who votes, I do vote for
18 County Commission, School Board. I ran for City Council
I
19 a few times with you, one time maybe . I ran for Mayor
20 of Wilmington 2003 and also the School Board a few
21 times . j
ii
22 What I 'm asking is we have a great employees
I
23 of this great county. we have a nice County Manager. I
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1 don ' t know you that well, Mr. Chris, but I know you do a
2 great job. We 've got a nice city -- County Clerk here
3 does a great job. We 've got the magnificent county --
4 County Attorney in the great state of North Carolina,
5 Ms . Wanda Copley, always a smile, always says yes, ma 'am
6 and no ma ' am to a lot of things she does .. Shop at my
7 favorite grocery store nearby.
8 And we have great employees in all departments
9 (inaudible) fire, Sheriff ' s Department, library, Health,
10 DSS, Parks, Planning, Register of Deeds, Senior Resource
11 Center, New Hanover County Museum, Tax Department,
12 Budget, Board of Education, the Board of Elections, the
13 schools, the Town of Carolina Beach, Kure Beach,
14 Wrightsville Beach, and my City of Wilmington. We all
15 support New Hanover County. We got -- we got the
16 future, we got a lot of things to do.
17 I ' d like to ask -- I know it ' s been so much a
18 stuff for this county the past two years with you, Mr.
19 Berger. ild like to ask a few things . This security
20 detail for the County Commission meeting I hope is a
21 temporary thing, a short fix. We 're not a big city.
22 We ' re not Phoenix, we ' re not Atlanta, Georgia, we ' re not
23 Los Angeles and all those things and I ' d like for it to
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1 be -- go back to the way it was to come in here and just
2 make yourself at home .
3 Mr. Berger, I 'd like to ask of you to do a few
4 things for me, if you would. Just think about it, sir,
5 CHAIRMAN: Mr. Meeks --
6 MR. MEEKS : Yes .
7 CHAIRMAN: -- your three minutes is up .
8 As a privilege of the Chair I 'm going to extend your
9 comments to one more minute, sir.
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10 MR. MEEKS : If you would, would you --
it would you -- will you give yourself a chance to give
12 yourself a break from the County Commission through
13 three months? Not to resign but give yourself three
14 months to take a little break, talk to your family, go
15 to a doctor, get some help.
I
15 If there ' s some medications you need, this
17 county would be very happy for you to get the proper
18 help, come back and get a fresher -- and I know you as a
19 good person, I ' d like to ask of you to take a leave of
20 absence for three months from New Hanover County so we
21 can go on to the future of the people business of this
22 great county of New Hanover County and the great state
23 of North Carolina.
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1 Thank you so much.
2 CHAIRMAN: Thank you, Mr. Meeks .
3 Commissioner Berger, if you 'd like to respond, you are
4 welcome to do so.
5 MR. BERGER: Well, certainly, Mr. Meeks,
6 your -- I know we were talking the other day and saying
7 that you might be New Hanover County' s most famous
8 resident and I might be its most infamous resident..
9 But that being said, I have seen and observed
10 how this Board has operated for at least the last decade
11 and I know that my presence and my independent style is
12 not -- not something that is something that everyone who
13 has been involved in working with this Board is
14 accustomed to and I realize that . And I certainly
15 recognize that because I have a bit of a different style
16 and different agenda than what this Board and previous
17 members of this Board and the County itself and
18 residents have become used to.
19 When somebody comes along and has a different
20 way of looking at things, that can create some shock and
21 that ' s certainly been the case. I don' t think that in
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22 any way, shape, or form that justifies some of the
23 comments that have been made by other members of this
r,
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1 Board, certain members of the media which have really
2 crossed the line and gone way beyond any level of
3 decency and any level of intelligent discourse where
4 there could be and where there ' s room for some of the
5 issues which I think have become very public with this
6 Board and my coming from a different viewpoint and
7 having a different way of doing things and being a
8 little more independent than I think has been the case
9 in recent years .
10 And I certainly accept a substantial amount of
11 responsibility for that . I think there ' s certainly
12 enough blame to go around. I don' t think I 'm the only
113 one that ' s had misunderstandings . I think there ' s been
14 some growing pains . I think we all know that ,
15 But to suggest that I would attempt to
16 assassinate a governor that I supported and it ' s
17 unfortunate that the main documents, and I don' t think
18 there ' s anything inappropriate with one elected official
19 greeting another elected official when a elected
20 official is -- comes to your town, your county, and we
21 all have a responsibility to make those delegates from
22 other areas feel welcome here and certainly should let
23 them know that New Hanover County as one of 100 counties
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1 in North Carolina is more than willing and in fact eager
2 to work with the 99 other counties where there ' s common
3 ground.
4 And the reality is that I think if -- Ricky,
5 if you and I were to sit down and you were to give me
6 five minutes to bring you up to speed on some of the
7 unnecessary obstacles and treatment that I ' ve received
8 in trying to -- and I think I perhaps have gone maybe
9 too far in making it a point to keep every single one of
10 the promises and pledges that I made when I campaigned
11 and I may be too rigid in that and maybe need to be a
12 little more open minded and little more willing to
13 rethink and accept that there may be more times and more
14 instances where I need to rethink and find perhaps a
15 better balance between keeping the promises that I 've
16 made and also taking into account new information that
17 becomes available as we move forward.
18 It was several years ago when I did run for
19 office and a lot of new information and a lot of changes
20 have taken place in those past couple years . so, maybe
21 I do need to rethink just how much weight I put on
22 keeping my promises . But to me I take honor in keeping
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23 my word extremely seriously. Perhaps too seriously.
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1 And that can rub people the wrong way and I understand
2 that and that ' s something that I take responsibility
3 for.
4 By the same token I 'm not going to be bullied
5 and intimidated and threatened and harassed when I have
6 a different viewpoint on an issue than certain other,
7 whether it ' s Board members or groups within the
8 community where I don' t necessarily see eye to eye with
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9 them.
10 CHAIRMAN: Would Commissioner Berger yield
11 to a question?
12 MR. BERGER: Absolutely.
13 CHAIRMAN: Can you give us an example of
14 where you've been bullied or threatened or harassed by
15 any Commissioner or any member of the staff?
16 MR. BERGER: Well, I 'm glad you brought up
17 staff because there ' s been a lot that ' s been said about
18 my supposedly being highly critical of staff and I don' t
19 pay too much attention --
20 CHAIRMAN: The question is can you give an
21 example of where you've been bullied or threatened or
22 harassed by any of us or any member of staff . That ' s --
23 if it ' s yes, then that ' s something that we ' re interested
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1 in hearing.
2 MR . BERGER: There have been instances of
3 retaliation -- yes .
4 CHAIRMAN: For example?
5 MR. BERGER: To be perfectly honest, I don' t
6 know if this is the time and place for that discussion.
7 CHAIRMAN: It ' s in front of the citizens,
8 there ' s no better time or place . And I welcome the
9 evidence of that because it ' s troubling if it ' s true .
10 MR. BERGER: Particularly because some of
11 this goes back to when there were different members of
12 this Board and I don ' t want to give the impression that
13 those of us that are sitting up here now are necessarily
14 -- this is not necessarily the same Board when some of
15 those efforts to retaliate and harass and intimidate and
16 bully me into policy directions that I didn' t think were
17 right at the time . I probably would still maintain that
18 view that I made the right decisions at the time even
19 though I probably took a fair amount of beating for it
20 at the time.
21 But I would ask that maybe -- in fact, I would
22 implore the Chair that if that is something that you ' d
23 be interested in discussing, that I think that would
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1 warrant a full discussion and I ' d be all for having it
2 be through a public open meeting.
3 CHAIRMAN: This is a good time . We ' re
4 here, we ' re listening.
5 MR. BERGER: Well, you' re asking for
6 specifics and, again, because a lot of this --
7 CHAIRMAN: You did spend a few minutes
8 with Mr . Meeks trying to give some specifics which we
9 appreciate . And this is a good time for you to give
10 more specifics . We ' re listening and if anybody' s acted
11 illegally or mistreated you in any way, I would like to
12 know and I know the other Commissioners would share --
13 they want to know because that ' s inappropriate if it ' s
14 happened.
15 MR BERGER: Would the -- would the Chair be
16 willing to entertain initially a confidential document
17 outlining some of those instances and then from there
18 determining after you 've had a chance to look at them
19 whether you are of the opinion that those are areas that
20 should be and would not be breaching confidentiality to
21 discuss those openly? I would be all for that .
22 CHAIRMAN: what would be the basis of the
23 confidentiality?
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1 MR. BERGER: There are a number of both
2 federal and state laws that --
3 CHAIRMAN: Have you contacted the FBI or
4 the SBI about any alleged wrongdoing?
5 MR. BERGER: Absolutely I (inaudible) --
6 CHAIRMAN: Has there been an investigation
7 convened?
8 MR. BERGER: I 'm not so delusional as to
9 think that the FBI would come running if and when I 've
10 pointed things out to them. But I think it should be
11 telling that not only am I willing to stay 20 years in
12 the federal penitentiary and I 'm not crazy but I '
13 willing to because I 've studied these laws and what the
14 potential direction that federal or state regulatory
15 agencies, whether it ' s FBI, SBI, or other agencies with
16 enforcement powers I 've looked very closely at that .
17 In fact, it ' s been unfortunately much more of
18 a drain on my energy and efforts the past couple years
19 than should be . And it ' s unfortunate that it ' s even
20 necessary to have to appeal to a higher power. Not the
21 highest power but the federal government sometimes think
22 of itself as the highest power.
23 But this to me is such an important issue that
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2 CHAIRMAN: Now, what -- what specifically?
3 What is an important issue because if it ' s important to
4 you, it may be important to all of us, too. What is the
5 specific issue involving the federal government that you
6 think maybe we should look at?
7 MR. BERGER: Again, going back and looking
8 at the federal laws, state laws ---
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9 CHAIRMAN: Concerning what?
10 MR. BERGER: Concerning everything from laws
11 such as the ADA and it ' s something that being an
12 attorney yourself I would think that you would
13 understand that because of the technical legal issues
14 involved and how those are interpreted to simply have an
15 informal conversation without a little more of a formal
16 process for getting out and stating what some of the
17 issues are and whether there is in fact an issue to
18 begin with or whether it ' s just me just whining and
19 complaining in which case shame on me. But if there are
20 actual issues there and I believe that there are - -
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21 CHAIRMAN: And so the federal law you 've
22 cited is the Americans with Disabilities Act and
23 potential violations of that . Is that -- is that all?
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R. BERGER: That would be one that ' s
2 recent . I don' t want to impugn former Board members who
3 are not here today with the opportunity to present what
4 ,
5 CHAIRMAN: Are you talking about your
6 removal from the Health and -- from the DSS Board?
7 MR. BERGER: No .
8 CHAIRMAN: No?
9 MR. BERGER: I 'm talking -- I 'm talking
10 about Commissioners who are no longer County
1.1 Commissioners but as of a year ago were . I don ' t think
12 it would be right for me to bring them into a discussion
13 without providing them the opportunity to be either
14 present to present what their decisions were at the
15 time, why they made those decisions, whether they were
16 retaliatory or not --
17 CHAIRMAN: What decisions because we can
18 ask them. We can -- because if they did something that
19 was unwarranted, we ' d like to know about it .
20 MR. BERGER: Again, I think as a matter of
21 fairness to them and -- because ultimately I ' d like to
22 see this Board -- and I 've stated this in the past that
23 I 'm not sure this Board is always as respectful and as
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1 willing to abide by state and federal laws, as well as
2 laws, general statutes, that govern how Boards of
3 Commissioners, both Commissioners , Board Chairman,
4 County Managers what specifically under North Carolina
5 General Statutes each are empowered to implement or
6 pursue and where legally there have been times when the
7 general statutes, at least from my reading of them, have
8 been ignored or overlooked.
9 CHAIRMAN: Can you give us an example of
10 one or more examples of that? Because if that ' s true,
11 that ' s of concern to us and we want to pursue it ®
12 MR. BERGER: well, I hate to come back to
13 the Social Services Board but the general statutes are
14 very clear that this -- that -- for that matter any
15 Board of Commissioners and for any county in the state
16 there are I believe four boards that a Board of
17 Commission (sic) such as this one and in at least 98 of
18 the other counties across the state are very
19 specifically and without a whole lot of gray area from
20 at least my reading of the statute it ' s pretty clear
21 that for example, with the Board of Social Services, the
22 Board of Health, Board of Elections and there ' s one more
23 that ' s escaping me at the moment it ' s very clear that
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the local Board of Commissioners cannot change the
2 makeup or the manner in which those boards are appointed
3 and positions filled and replacements made when there ' s
4 a vacancy, if there happens to be a vacancy.
5 CHAIRMAN: Are there any other
6 Commissioners wishing to -- we ' re in the additional
7 agenda items . Commissioner Berger I think in responding
8 to Mr. Meeks has said some things and we can move on to
9 additional items from other Commissioners, if that ' s
10 okay, and certainly can come back to Commissioner Berger
11 if he ' d like at a later time .
12 MR . BARFIELD: Mr. Chairman?
13 CHAIRMAN: Commissioner Barfield.
14 MR. BARFIELD: I had a great opportunity this
15 weekend to be one of the final judges for the Boys &
16 Girls Clubs Youth of the Year for the State of North
17 Carolina and we had clubs from all over the state
18 convene here in Wilmington and they culminated at the
19 Blockade Runner this past Saturday and I had a tough
20 task of weaning down the five to the one youth of the
21 year for the whole state.
22 A young lady from the Charlotte area won. I
23 think she got a $6, 0004. 00 scholarship and she ' ll be able
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1 to compete in the national competition. I think they' ll
2 compete for a $50 , 000 . 00 scholarship there .
3 But it was great to see so many young people
4 come into our community that were bright and talented
5 and gifted and done hard work in school and to hear
6 their stories of triumphs that they overcame to get
7 where they are .
8 And I shared with my daughters they just
9 really don' t know how blessed they are to have food in
10 their refrigerator every day and clothes to wear and not
11 worrying about whether the lights are on or off and
12 those kind of things that many of these kids have had to
13 deal with. But really enjoyed that .
14 I also had the opportunity to attend the
15 Creekwood South reopening a few weeks ago. It was great
16 to see homeowners be able to move back into that
17 community as well .
18 And a few weeks ago I was invited out to Cape
19 Fear Community College . They had what they call a
20 student political forum and what it was was a forum to
i21 encourage students to get involved in the student
22 government . And I was a keynote speaker there and
23 talking about leadership and community service and what
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1 it really means to give back. And it was just great to
2 be part of that event as well ..
3 And I also went to the Best Foot Forward
4 Program at Brogden Hall a few weeks ago. It was great
5 to see all of our talented students from the public
6 school system here in New Hanover County competing and
7 performing -- not competing but performing and showing
8 their skills and talents of the arts .
9 I just had a great week overall . Been a
10 little sick, ready to go home and continue to recuperate
11 tour . "Fat ' s it, sir,
12 CHAIRMAN: Well , we missed you Thursday.
13 We are glad to hear that you' re feeling better and have
14 been active in the community. Thank you, Commissioner
15 Barfield.
16 At this time we ' ll recognize Commissioner
17 Wolfe .
18 MR. WOLFE: Yes , sir. Commissioner Berger,
19 I notice that you've made some serious accusations about
20 people . And one of the things I wanted to ask you is
121 that you were appointed to a lot of these committees,
22 don ' t you think you have a responsibility to attend the
23 meetings when they' re called, to be there punctually and
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1 on time, and participate and the fact that you didn' t
2 was one of the reasons that you were removed from these
3 committees?
4 MR. BERGER: Absolutely not . I ' d be glad to
5 hand you right now an attendance sheet at that time --
6 CHAIRMAN: Brian, push your - - push your
i
7 microphone so the citizens can hear what you' re saying,
8 MR. BERGER: I ' d be more than happy to hand
9 you right now a copy of the attendance at that time .
10 And I think what you ' ll see is that across the board the
11 attendance at that time was fairly almost identical at
12 that time and the makeup of this Board was different
13 then. This was several years ago. But despite what was
14 reported when looked at the actual attendance and I ' d be
15 happy to give you a copy of it --
16 MR. WOLFE: Well, I just want to make some
17 observations . I know that you have turned in expense
' 18 reports for meetings that you 've put down that you
19 attended and I have been sitting at a table where your
20 name was and you never showed. So, I know that you have
21 a propensity to shall we say be there and not be there .
22 And I also know that you have made this staff
23 really completely uncomfortable in the -- I 'm talking
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1 about the female staff in the office to the point of
2 tears, fearful for their lives, and I would say paranoid
3 about you coming in there.
4 I know that you talk about these people, these
5 wrongs that have been done to you but you don ' t want to
6 discuss them publically. Yet you go to Washington and
7 hand out a manifesto about these wrongs quoting these
8 laws, slurring the reputations of many good people here
9 in Wilmington.
10 So, I 'm just -- I 'm just a little confused
11 about your rambling here about you don ' t want to discuss
12 it but yet you can go out in public and ostracize these
13 people in writing.
14 MR. BERGER: Do 'you know what that so-called
15 manifesto was? I don't know --
16 MR. WOLFE: Oh, I saw it and I saw you in
17 Washington.
18 MR , BERGER: Because I will tell you that
19 the main documents had to do with a young woman who was
20 almost murdered by her husband at the time and --
21 MR . WOLFE: I didn' t see any of that in
22 those documents . I just saw slanders and accusations
23 against our staff .
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1 MR. BERGER: I believe
2 MR. WOLFE: And I -- and I for one -- I for
3 one on this committee -- on this council are not going
4 to put up with you intimidating this staff . Somebody' s
5 got to take a stand. If it has to be me against you,
6 I ' ll do it . But you are -- you ' re a disgrace to what we
7 call a public office . And I haven' t chastised you
8 before but I 'm chastising you now.
9 I think the best thing you could do is resign.
10 You 've brought shame and dishonor upon this council .
11 And I 'm mad about it and I don' t want to put up with it
12 anymore .
13 MR. BERGER: we ' re going to have to disagree
14 on that and - -
15 MR. WOLFE: Of course we are, you can' t see
16 where you 've done anything wrong. You think you' re a
17 white knight on a shining horse . Well, I got news for
18 you, Mr. Berger, you' re not . You ' re a disgrace. Do the
19 community a right thing. Stand up like a man and
20 resign.
21 MR. BERGER: I think frankly --
22 CHAIRMAN: I ' ll call on Vice-Chairman
23 Dawson at this point . Commissioner Berger, you ' ll have
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1 ample opportunity to talk again --
2 MR. BARFIELD: Mr. Chair, if you don ' t mind if
3 I could be excused, I am not feeling well . I 'm holding
4 on trying to reserve my coughs but I am just not here..
5 MS. DAWSON: Mr. Chairman?
6 CHAIRMAN: Vice-Chairman Dawson.
7 MS . DAWSON: In light of recent events --
8 CHAIRMAN: Commissioner Barfield, you
9 don' t need my permission to be excused I don' t think. I
10 certainly know you feel bad but I think this is
11 important dialogue for the public ..
12 Vice-Chairman Dawson?
13 MS . DAWSON: Thank you, Mr. Chairman. In
14 light of recent events, citizens ' concerns, and due to
15 the commitment of four members of this Board of County
16 Commissioners to positively represent the citizens of
17 New Hanover County and to provide for a professional,
18 safe, harassment free workplace environment for our
19 staff and for all of our citizens, I would like to first
20 and foremost reference the Code of Ethics adopted by the
21 Board of County Commissioners, signed by Jonathan
22 Barfield, Jr. , Chairman, in December of 2010 which
23 currently stands on record could reference just the
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1 first three sentences , won' t take long. Anyone can find
2 this online .
3 "Whereas, New Hanover County citizens deserve
4 to be served by public officials who maintain the
5 highest ethical standards . And whereas, the stability
6 and proper operation of democratic representative
7 government depends upon public confidence in the
8 integrity of the government and upon responsible
9 exercise of the trust conferred by the citizens upon
their elected officials . And whereas, Board members
11 must act in a manner that maintains their integrity and
12 independence and be responsive to the interests and
13 needs of those they represent . " Four members of this
14 Board do adhere to these Code of Ethics .
15 The citizens are looking to us for leadership.
16 Therefore, Mr. Chairman, I make a motion that the Board
17 direct our county staff to prepare for the April 22nd,
8 2013 , Commissioners meeting a public censure of Brian
19 Berger and to proceed with the necessary documents to
20 initiate an amotion proceeding.
21 Thank you That ' s my motion, Mr . Chairman.
22 CHAIRMAN: If I understand the motion
23 correctly, you' re directly staff to take any and all
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1 steps necessary to consider a resolution of censure that
2 would include a possible remedy of removal from office
3 for Commissioner Berger. Is that your motion?
4 MS . DAWSON: Yes , sir, Mr. Chairman.
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5 CHAIRMAN: Is there a second to that
6 motion?
7 MR. WOLFE: I second.
8 CHAIRMAN: Seconded by Commissioner Wolfe .
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9 Any further discussion?
10 Just as a matter of discussing this I ' ll
11 direct our staff A, to consult with the State Bar, Ms .
12 Copley, to make sure that you are empowered to do that
13 and it ' s not a violation of the attorney-client
14 privilege . B, that any censure documents contain
15 allegations that are verified under oath with firsthand
16 knowledge of a violation of the ethics that is alleged.
17 The staff can take note of public documents
18 including domestic violence restraining orders, pending
19 criminal charges, and any and all email or firsthand
20 knowledge of verbal communication from Commissioner
21 Berger to members of the staff of which the staff have
22 firsthand knowledge of .
23 This censure document and its pleadings and
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1 verified attachments are to be served on Mr. Berger at a
2 time that precedes any hearing so that he can have an
3 opportunity to read it so that it has fundamental
4 fairness and guarantees of due process . And he might at
5 that point be in a position to respond to it at either
6 the April 22 meeting or a specially called meeting
7 alternatively.
8 I think just as a summary comment the last 15
9 or 20 minutes where Mr. Berger was given ample
10 opportunity to further demonstrate why he has the
11 opinions he has and failed to do so, A. And B, while we
12 have great sympathy for what obviously is a difficult
13 situation that he is in, I don' t think there ' s a citizen
14 that watched or listened to that exchange that believes
15 that Mr. Berger is fit to conduct public business, to
16 comprehend the serious business that we have and deal
17 with every day, Anyone that would conclude otherwise I
1s think would be wrong:
19 But having said that, I understand the
20 difficult position that Mr. Berger is in, that we all
21 are in, and therefore, that will be the extent of my
22 comments .
23 The motion is properly before the Board and
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1., before taking a vote, Madam Attorney, do you have any
2 clarification questions for us?
3 MS. COPLEY: (Inaudible) .
4 CHAIRMAN: Okay. Any further discussion?
5 Hearing none, all those in favor please signify by say
6 aye .
7 MS . DAWSON: Aye ,
8 MR. WOLFE: Aye .
9 CHAIRMAN: Aye . Any opposed?
10 MR. BERGER: No.
11 CHAIRMAN: The motion carries three to one
12 with one absence. Is it necessary to make a ruling on
13 the excuse of Commissioner -- okay.
14 At this point is there any further agenda
15 items from the Manager, the Clerk, or the County
16 Attorney or any other Commissioners?
17 MR. BERGER: Mr. Chairman?
18 CHAIRMAN: Commissioner Berger.
19 MR. BERGER: I -- it would be irresponsible
20 of me not to point out that just within the past couple
21 days, particularly given comments you've made publically
22 as well as actions you 've taken at taxpayer expense
23 pointing to and accusing me of somehow posing a threat
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1 to anybody when I haven ' t been in a fight of any sort
2 since third grade going back three decades and you' re
3 accusing me of drooling and attempting to assassinate
4 the governor who I supported and frankly, I thought it
5 was a little inappropriate of you to put your hands on
6 me for simply asking the governor to -- well, welcoming
7 him,, to New Hanover County to have if you wouldn' t mind
8 is people take a look at a couple documents having to do
9 with an attempted murder that happened here at the New
10 Hanover Regional Medical Center and that somehow got
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11 lost in pulling of and I guess the Star News running a
12 piece of a draft of a document going back to 2011 ,
13 That grossly misrepresents the message and the
14 request that I made of the governor to take a look at
15 the handling of that particular incident involving a --
16 was really a domestic violence incident that escalated
17 to the point of attempted murder and --
18 CHAIRMAN: will you yield to a question,
19 Commissioner Berger?
20 M . BERGER: Absolutely.
21 CHAIRMAN: Did you write in the manifesto
22 and infer that the Sheriff of New Hanover County faked
23 an investigation in the criminal misconduct? Yes or no.
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1 MR. BERGER: Well, I 'm not sure precisely
2 what document you' re --
3 CHAIRMAN: The document that you authored
4 that you passed around in Washington and that you handed
5 to the governor. Did you say that? Did you -- did you
6 author that? And if that ' s the case, did you call the
7 SBI and suggest that the Sheriff did these things and
8 ask them to investigate him?
9 M :. BERGER: Well, I -- apparently there ' s
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10 five different versions at least going around of what I
11 did or didn' t give to the governor. But --
12 CHAIRMAN: This is the one I saw you hand.
13 Is that your handwriting at the top page there?
14 MR. BERGER: Oh, I don' t dispute that .
15 CHAIRMAN: Okay.
16 MR. BERGER: My handwriting is very unique..
17 CHAIRMAN: Did you comment in there, did
18 you author the phrase that -- I 'm not going to belabor
19 this point but I do want to ask you --
20 MR. BERGER: And I don' t know that ambushing
21 me now is necessarily the most - -
22 CHAIRMAN: Well, this certainly is not an
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23 ambush, It ' s a public forum and I think it ' s
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1 appropriate for you and I and Commissioner Dawson and
2 Commissioner Wolfe to discuss this openly because you ' re
3 right, there has been a lot of opinions and things going
4 around in the press . And since you brought up the
5 governor ' s visit, I ' ll share with you what my firsthand
6 experience and my observations were of that exchange .
7 They were as follows . That you stepped up on
8 the stage, that you appeared disoriented to me . You
9 were shaking. You handed this document that I had
10 already seen to him. I was worried about his safety.
i11 But you did not pose a physical threat to him. I 've
12 said that to the press and everyone else .
13 But knowing what I know about the troubles
14 you 've had when you stepped up there for those few
15 seconds , my heart skipped a beat and I was nervous ..
16 MR. BERGER: (Inaudible) .
17 CHAIRMAN: Things -- let me finish, hold
18 on a second. I 've let you go on and on and I ' ll give
19 you that opportunity again. Thankfully it was fine, you
20 were just handing him paper, the ceremony went on. And
21 a few minutes later I did not witness you knocking on
22 the window of the SW. I was in a building, I didn' t
23 see that . I heard about it and from his security
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1 detail that were in plain clothes . And I shared that
2 information with County staff because it worried me . I
3 shared it with members of the press who followed up and
4 in fact verified with the Highway Patrol that those
5 actions occurred.
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6 MR. BERGER: They
7 CHAIRMAN: I don' t think they thought that
8 any security risk was posed but that some threat of some
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9 sort and some odd behavior took place. No one has ever
10 used the word assassinate except you today.
11 Wit . BERGER: That ' s absolutely physically
112 impossible because A, I never saw nor do I have any idea
13 what kind of vehicle the governor was in. When that - -
14 CHAIRMAN: The Highway Patrol --
15 MR. BERGER: When that supposedly happened,
16 I was wJx.,th the County Manager and Commissioner Barfield
17 --
18 CHAIRMAN: Mr, Coudriet, was he - - did you
19 have a meeting with Commissioner Berger on the afternoon
20 that the governor was here? Yes or no.
21 MR. BERGER: And we were walking
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22 CHAIRMAN: Yes or no?
23 CSR. .COUDRIET: We did not have a meeting. No,
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1 sir..
2 CHAIRMAN: So, either you ' re --
3 MR. COURDRIET: I did see --
4 CHAIRMAN: Either you're not telling the
5 truth or you' re not telling the truth.
6 MR. BERGER: Were we walking in a direction
7 that it ' s safe to say was towards the Coastline
8 Convention Center and the nice railroad engine there and
9 you and I during that walk made plans to have lunch?
10 Commissioner Barfield was with us and you asked if you
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11 could join us and certainly was all for that .
12 CHAIRMAN: That ' s a -- he ' s asked a
13 question. You can
14 MR. COURDRIET: May I --
15 CHAIRMAN: -- certainly clarify. Yes,
16 please .
17 MR. COURDRIET: Thank you. No, and I was
18 responding to the specific question was there a meetings
19 No. I did engage in a conversation twice with
20 Commissioner Berger before the event and immediately
21 after the event where we did agree to schedule lunch for
22 12 o ' clock on Monday. That meeting did not take place .
23 But, no, I did not walk off --
t
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1 CHAIRMAN: Why didn' t it take place?
2 MR. COURDRIET: I can ' t speak to that
3 CHAIRMAN: Understand.
4 MR. COURDRIET: -- Commissioner Berger did not
5 appear,
6 CHAIRMAN: Okay. Well, that ' s enough for
7 right now. Let me say -- clarify a couple of other
8 things for Commissioner Berger and for members of the
9 public because this is important . I didn't witness that
10 but 15 or 20 minutes later is when the State Highway
11 Patrol detail said that these things occurred and I
12 would defer any truth or untruth if that ' s the case to
13 them. IOm not sure why or how they would know to
14 prevaricate on something that important .
15 But, again, having said that, I think it ' s
16 evident, Commissioner, that you -- you have a different
17 view of the world than most folks . And, therefore, this
18 Board believes and has instructed its staff to take
19 whatever steps necessary to consider a censure for the
20 purpose of considering your removal from this County
21 corporate entity.
22 We have spent almost 40 minutes tonight
23 discussing something that could have been devoted to
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1 discussing a whole range of other important issues
2 facing these citizens . And - - and we 've done it in a
3 respectful way but it has been short on facts and long
4 on unsubstantiated allegations from you. And at this
5 point hearing no further business --
6 MR. BERGER: I think there ' s one other thing
7 that needs to be stated and that is the fact that a
8 number of students working on a project asked if you
9 would take a few minutes to assist them with their
project and you referred them to me .
11 CHAIRMAN: Okay, let me address --
12 MR. BERGER: Now, if I 'm -- if I 'm such a
13 danger and such a threat, why would you refer students?
14 CHAIRMAN: Let me address that . I
15 received an email from a student from a university that
16 wished to interview a member of the Commission. I think
17 the student emailed all five Commissioners . I hit reply
18 all that I was unavailable but any of the other
19 Commissioners possibly could meet with them and answer
20 questions . I did not say Commissioner Berger. I would
21 not do that .
22 I did say some of the other Commissioners
23 might be available . And when I hit reply all, I failed
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1 to see that your name was up there . I would have
2 deleted your name had I noticed. That answers that .
3 MR. BERGER: Actually you specifically
4 stated Mr . Berger and I ' ll be glad to produce that . So,
5 let ' s be honest here .
6 CHAIRMAN: Well, I don ' t recall doing that
7 but I ' ll.. be happy to look at that email . I can ' t
8 imagine that I would have done that .
9 But in any event, I think you've had a good
10 opportunity to explain yourself here today,
1 Commissioner, and we look forward to you continuing to
12 do so when we consider your censure and your removal
13 from this Board.
14 Is there any other business to come before the
15 citizens of this great county? Hearing none this
16 meeting is adjourned.
17 (END OF TRANSCRIPT)
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