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2013-05-20 Special Meeting Exhibit (NHC Amotion Petition and Defendant's Evidence) t f STATE OF NORTH CAROLINA BEFORE THE NEW HANOVER COUNTY F COUNTY OF NEW HANOVER BOARD OF COMMISSIONERS p(! 1 j S IN RE BRIAN BERGER PETITION IN AMOTION TO REMOVE BRIAN BERGER FROM THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS i 3 NOTICE OF HEARING 3 f TAKE NOTE that on Monday, May 20, 2013 at the New Hanover County Historic Courthouse,24 North Third Street, Room 301, Assembly Room, at such time following t conclusion of the regularly scheduled meeting of the Board of County Commissioners and any f AW lunch recess, the Board shall conduct an Amotion Hearing to consider and determine whether you, Respondent Commissioner Brian Berger, are to be removed from office. } You are directed to attend and offer admissible evidence and argument. The scheduled Amotion Hearing shall be conducted whether or not you, Respondent Commissioner Brian Berger, are in attendance. t Y d { i { i d t t I j i CERTIFICATE OF SERVICE The undersigned does hereby certify that a copy of the foregoing and attached Ik E PETITION IN AMOTION ` and NOTICE OF HEARING 1 3 was this date served by the Sheriff during or at the conclusion of the April 22, 2013,Board of jCounty Commissioners' meeting. ? i This the A� day of April, 2013. j k � I Sharon J. Assistan ounty ttorney New Hanover County 230 Government Center Dr. Suite 125 Wilmington NC 28403 7 (910) 798-7153 r (910) 798-7167 (fax) F I i I f f E k i i I f r f I I I I I k � I i 3 STATE OF NORTH CAROLINA BEFORE THE NEW HANOVER COUNTY COUNTY OF NEW HANOVER BOARD OF COMMISSIONERS P k PETITION IN AMOTION TO REMOVE IN RE BRIAN BERGER ) BRIAN BERGER FROM THE NEW r ) HANOVER COUNTY BOARD OF COMMISSIONERS � E Come now the undersigned and state and allege as follows: � P That Brian Berger is currently an elected member of the New Hanover County Board of Commissioners. mow' That New Hanover County is a corporate body created pursuant to NCGS153A-10 and 153A-11 and that the Board of County Commissioners may exercise the rights and duties of the 3 s corporate entity pursuant to NCGS 153A-12. i That the North Carolina Supreme Court provided in Ellison v Alderman of Raleigh 89 I e N.C.125 (1883) and again in State ex rel. Burke v Jenkins 148 N.C. 25, 61 S.E. 608 (1908) that I town commissioners have the inherent power of amotion (just as any corporate body) to remove I an elected town official for just cause. 8 That the New Hanover County Board of Commissioners did by resolution enact a Code Y t of Ethics on December 6, 2010 which provides that members of the Board shall maintain the E highest ethical standards and requires local officials to act in such a manner that citizens will have confidence and trust in their local officials; and 1 6 9 {� { i § Whereas, the Board of County Commissioners has a fiduciary duty to the citizens of New k i Hanover County to take such actions as they deem necessary and appropriate to remove a f member that is demonstrably unfit and incapable of being a functioning member of the Board; f and, � Whereas, in the event the Board of County Commissioners opt to take no action to f pE 8 remove Commissioner Berger from office, they may be exposing their staff and employees to a r hostile work environment that they know, or should know, is unacceptable and intolerable; and Whereas, although Brian Berger was elected to office pursuant to a public election, his actions and mental awareness of his surroundings since that time have deteriorated to such a level that he has demonstrated the lack of fitness for office in that he does not: i A. Participate meaningfully in any policy conversations of the serious issues facing the citizens of New Hanover County; B. Frequently speaks out about conspiracy theories that appear the product of a delusional mind, and makes baseless and inflammatory allegations against 1 others via written and verbal tirades, without any supporting evidence of the same; C. Drafts rambling and incoherent monologues that accuse county staff of discrimination and falsehoods, without any supporting evidence, and continues to demand that the County taxpayers provide him the use of a credit card and reimbursed expenses via cash payments that he is not entitled to by law; Whereas, as a result of Brian Berger's recent actions the Board of Commissioners and the County Manager have determined the need for increased security at the 3 r e 3 2 s f k government center and at Board of Commissioners meetings. The increased security has \✓ included the use of metal detectors, search of persons and bags before meetings and security clearance for entry into offices. i Whereas Brian Berger has on a consistent basis acted in a fashion and manner so that his } fellow Commissioners and the citizens of New Hanover County have lost confidence in his ability to act as a County Commissioner, for the following additional reasons: 1) Commissioner Brian Berger's absence and tardiness at regularly scheduled meetings of the New Hanover County Board of County Commissioners has consistently increased since the time he was sworn into office December, 6, 2010. (See Exhibit I attached and is incorporated herein and made apart of r this petition) 5 2) Wilmington Police Department responded to a 911 call to investigate a domestic disturbance at the residence of Brian Berger on January 8, 2011. D (See Exhibit 2 attached and is incorporated herein and made a part of this F r petition) 3) Wilmington Police Department responded to a 911 call to investigate the welfare of a child located at the residence of Brian Berger on January 10, € 2011. (See Exhibit 3 attached and is incorporated herein and made a part of this petition) 4) A warrant for the arrest of Brian Berger was issued on June 9, 2011 for assaulting Heather Blaylock and damaging her property. (See Exhibit 4 attached and is incorporated herein and made apart of this petition) x i 3 1 e i i s 5) Wilmington Police Department responded to investigate a 911 call for attempted suicide by Brian Berger at his residence August 29 2011. i g (See Exhibit 5 attached and is incorporated herein and made a part of this f petition) i 6) A Domestic Violence protective order was issued by Judge Sandra Criner on September 16, 2011 ordering Brian Berger not to abuse, threaten or contact I Heather Blaylock. This order references Brian Berger's recent attempts or I � threatened attempts of suicide. (See Exhibit 6 attached and is incorporated p i herein and made apart of this petition) 7) On November 23, 2011 a warrant for arrest of Brian Berger was issued for violating the Domestic Violence protective order issued on September 16, 2011. (See Exhibit 7 attached and is incorporated herein and made a part of this petition) 8) On January 5, 2012 Brian Berger was charged with drivin g with his license S revoked. (See Exhibit 8 attached and is incorporated herein and made a part j of this petition) 9) Brian Berger incurred indebtedness (see Exhibit 9 attached and incorporated i herein and made a part of this petition) and has not fully repaid monies owed f to the County according to the travel policy adopted by the Board on June 18, ! i 2012. I 10)On December 18, 2012 Brian Berger was arrested for driving while impaired. i A blood test performed reveals a blood alcohol content of .08 which caused i his driver's license to be automatically revoked for a period of 30 days. (See i s 4 E i f t i _ Exhibit 10 attached and is incorporated herein and made a part of this fir+ petition) E 11) On March 9, 2013 Brian Berger's access scanner set off security alarms at the i New Hanover County Government Center on three separate occasions after business hours. (See Exhibit 11 attached and is incorporated herein and made a part of this petition) Documents left b Brian Berger in the Y $ County Manager's Office were stamped with the County Attorney's Confidential i Attorney/Client Stamp found only in the County Attorney office suite. (See t Exhibit 12 attached and is incorporated herein and made a part of this petition) j 12)On March 21, 2013, Brian Berger was observed by citizens, media and security detail of North Carolina Governor McCrory approaching the s r Governor to hand him a document which Brian Berger has admitted at the E � April 8, 2013 Commissioner meeting being the author of (See Exhibit 13 and F Exhibit 14 which are attached and incorporated herein and made a part of s this petition) 13 In the document referenced in y ) paragraph twelve Brian Berger slanders 6 numerous leaders in the community including a sitting judge, the current E Sheriff, past and present members of the New Hanover County Board of I Commissioners and states "I am keenly aware that in the absence of intervention it is possible, if not likely, that it's only a matter of time before someone gets seriously wounded or murdered." t j E 5 i E { 4 t 14)Brian Berger has created a hostile work environment in his communications a with New Hanover County Staff from the beginning of his term as a County Commissioner until the present time. A limited selection of Exhibits e evidencing this are set forth. The referenced emails are in violation of the I New Hanover County Information Technology policy. (See Exhibit 15 which i is attached and incorporated herein and made apart of this petition) a) March 28, 2011 email from Brian Berger to Bruce Shell, Chris Coudriet, Chris O'Keefe and Shawn Ralston. (See Exhibit 16 I attached and is incorporated herein and made a part of this petition) I b) January 5, 2012 email from Brian Berger to Sheila Schult. (See 1 i ' Exhibit 17 attached and is incorporated herein and made apart of this petition) c) March 21, 2012 email from Brian Berger to Sheila Schult. (See i } Exhibit 18 attached and is incorporated herein and made a part of i t F this petition) d) April 28, 2012 email from Brian Berger to Bruce Shell and Chris Coudriet. (See Exhibit 19 attached and is incorporated herein and made apart of this petition) e) August 3, 2012 email from Brian Berger to Kym Crowell and Chris f Coudriet. (See Exhibit 20 attached and is incorporated herein and e made apart of this petition) 3 f � 6 , y a f) September 7, 2012 email from Brian Berger to Chris Coudriet. (See s Exhibit 21 attached and is incorporated herein and made a part of i this petition) I ' g) Memo created by Sheila Schult to the Board of County 4 Commissioners on September 26, 2012 in response to Brian 1 Berger's emails. (See Exhibit 22 attached and is incorporated ? i } herein and made apart of this petition) p h) February 5, 2013 communication from Clerk Sheila Schult to Brian k f Berger in response to documents left by Brian Berger for the Clerk to the Board. (See Exhibit 23 attached and is incorporated herein and made apart of this petition) i) February 11, 2013 communication from Clerk Sheila Schult to Brian Berger in response to documents left by Brian Berger for the 3 Clerk to the Board. (See Exhibit 24 attached and is incorporated 4 herein and made apart of this petition) j) Document left by Brian Berger on February 14, 2013 for the Clerk t i to the Board. (See Exhibit 25 attached and is incorporated herein i and made apart of this petition) I� k) February 22, 2013 email from Brian Berger to Kym Crowell and f 1 E Chris Coudriet. (See Exhibit 26 attached and is incorporated herein i and made apart of this petition) Ip I`{ 4 x 7 a I i I i P 9 i 1) April 1, 2013 email from Brian Berger to Sheila Schult and Chris Coudriet. (See Exhibit 27 attached and is incorporated herein and made apart of this petition) m) Sample text messages from Brian Berger's cellphone to Chris Coudriet's cell phone. (See Exhibit 28 attached and is incorporated herein and made apart of this petition) WHEREFORE, on April 8, 2013 the New Hanover County Board of Commissioners specifically directed the New Hanover County Attorney to proceed with the preparation of a Petition in Amotion and the undersigned pursuant to that direction and for the reasons set out above request the New Hanover Board County of Commissions to conduct a hearing to I i determine whether Brian Berger shall be removed from his position as a Commissioner on the New Hanover County Board of Commissioners. } This the day of April, 2013. i Sharon ufft New over County Assistant County Attorney 230 tovernment Center Drive Suite 125 { Wilmington NC 28403 s Phone: 910-798-7153 Fax: 910-798-7157 i I . t i P 7 3 -3 8 fib 0 t R i f9 { 5 STATE OF NORTH CAROLINA BEFORE THE NEW HANOVER COUNTY COUNTY OF NEW HANOVER BOARD OF COMMISSIONERS i IN RE BRIAN BERGER PETITION IN AMOTION TO REMOVE I BRIAN BERGER FROM THE NEW f HANOVER COUNTY BOARD OF COMMISSIONERS ! AFFIDAVIT I Affiant, being duly sworn, deposes and says: 1. I am the 911 Supervisor for New Hanover County, NC. 2. In my official capacity, I have access to and am the custodian of 911 calls and other emergency telephone communications. t 3. Said communications are generated in the general and customary activity and business of New Hanover County and constitute public records under North Carolina General Statute 132, Public Records. Retention of said records is a duty imposed under the referenced law. i 4. These communications as transcribed and attached as Exhibits to the above referenced Petition are true and accurate, based on the official public records in my custody and control, signed and sealed by the Clerk to the Board of County Commissioners of New Hanover County, North Carolina. RENEE TA Debora Cottle yin ,ova Sworn and subscribed before me, this the day of April, 2013. � T��Nl�l.t, �• l� _ Notary Public My commission expires i i j TI I T E TRUE COPY Clerk 1 ew anover otjg mmissioners s j F i i 3 tQ . STATE OF NORTH CAROLINA BEFORE THE NEW HANOVER COUNTY ? COUNTY OF NEW HANOVER BOARD OF COMMISSIONERS IN RE BRIAN BERGER PETITION IN AMOTION TO REMOVE BRIAN BERGER FROM THE NEW E HANOVER COUNTY BOARD OF 6 COMMISSIONERS `t l ' AFFIDAVIT E ! Affiant, being duly sworn, deposes and says: { 1. I am an Information Technology Supervisor for New Hanover County,NC. "s 2. In my official capacity, I have been given access to the County Manager's telephone E i communications including short message service (SMS) text messages and multimedia messages service (MSM) format communications. 3. Said communications are generated in the general and customary activity and business of New Hanover County and constitute public records under North Carolina General Statute j 132, Public Records. Retention of said records is a duty imposed under the referenced law upon the respective custodian. i 4. These communications are attached as Exhibits to the above referenced Petition are true and accurate, based on the official public records in my custody and control, signed and i sealed by the Clerk to the Board of County Commissioners of New Hanover County, North Carolina. David R.W. Butts R t Sworn and subscribed before me, this the day of April, 2013. I Notary Public / TA commission expires _ � �< IF D It A T UE COPY Jerk N Hanover ounty Commissioners } t r I4 s E E, STATE OF NORTH CAROLINA BEFORE THE NEW HANOVER COUNTY COUNTY OF NEW HANOVER BOARD OF COMMISSIONERS g IN RE BRIAN BERGER PETITION IN AMOTION TO REMOVE s BRIAN BERGER FROM THE NEW HANOVER COUNTY BOARD OF g COMMISSIONERS e AFFIDAVIT Affiant, being duly sworn, deposes and says: i 'I. I am an Information Technology Supervisor for New Hanover County, NC. 5 2. In my official capacity, I have been granted access to the County emails. 3. Said communications are generated in the general and customary activity and business of New Hanover County and constitute public records under North Carolina General Statute 132, Public Records. Retention of said records is a duty imposed under the referenced law upon the respective official custodian. 4. These communications as set forth as Exhibits to the above referenced Petition are true and accurate, based on the official public records, signed and sealed by the Clerk to the a Board of County Commissioners of New Hanover County, North Carolina. Mike VAMI.on Sworn and subscribed before me, this the day of April, 2013. RANEE Notary Public commission expires �QQ jpTAt 4 va i 1 R IF E T 4BETRUE COPY Clerk ew anover ommissioners t I . P 3 Commissioner Berger's Attendance Record �X . V� December 6, 2010 through Present s z i i Date of Meeting Type of Meeting Start Time Bergen's Arrival Time 12/06/2010 Regular 6:00 p.m. On time 12/16/2010 Agenda Review 4:00 p.m. Tardy 12/20/2010 Regular g 9:00 a.m. On time 1/03/2011 Regular On time 1/13/2011 Agenda Review 4:30 p.m. On time 1/14/2011 Special 8:30 a.m. Tardy 1/182011 Regular 9:00 a.m. Tardy 1/27-28/2011 Work Session 8:30 a.m. On time 2/15/2011 Special 8:30 a.m. On time 2/17/2011 Agenda Review 4:00 p.m. Tardy y Special 4:09 p.m. E i Tardy Regular 6:00 p.m. On time 3/05/2011 Special 9:37 a.m. On time 3/05/2011 Closed Session 9:40 a.m. On time 3/10/2011 Work Session 3:10 P.M. On time 3/10/2011 Agenda Review 4:15 p.m. On time 3/14/2011 Regular 3:00 p.m. On time 3/31/2011 Agenda Review 4:00 p.m. On time 3/31/2011 Closed Session 4:15 p.m. Tardy j Regular 4/04/2011 Re g 6:00 p.m. Tardy 4/14/2011 Work Session 3:04 p.m. Tardy 4/14/2011 Agenda Review 4:25 p.m. On time 4/18/2011 Regular 9:00 a.m. Tardy 4/28/2011 Joint with NHRMC 2:30 p.m. Tardy 4/28/2011 Closed Session 2:34 p.m. Tardy 4/28/2011 Agenda Review 4:31 p.m. On time 5/02/2011 Work Session 4:00 p.m. On time 5/02/2011 Regular g 6:00 p.m. On time 5/03/2011 Joint with CoW 8:30 a.m. On time 5/12/2011 Agenda Review 4:00 p.m. Tardy 5/12/2011 Work Session 4:40 p.m. On time 5/13/2011 Joint with BoE 8:30 a.m. Absent 5/16/2011/ Regular 1 9:00 a.m. On time 1 RT I E A TRUE COPY Clerk ew anover ounty ommissioners i t . 4 Commissioner Berger's Attendance Record December 6, 2010 through Present 5/16/2011 Work Session 1:45 p.m. On time i 6/02/2011 Agenda Review 4:00 p.m. On time 6/06/2011 Regular 6:00 P.M. On time 6/16/2011 Agenda Review 4:00 p.m. Tardy 6/20/2011 Regular 9:00 a.m. 7/07/2011 Agenda Review 4:00 On time p.m. On time 7/11/2011 Regular � 7 g 2:00 p.m. On time /11/2011 F Closed Session 2:04 p.m. On time 7/28/2011 Agenda Review 4:00 p.m. On time 8/01/2011 Regular 6:00 p.m. On time 8/11/2011 Agenda Review 4:00 p.m. On time 8/15/2011 Regular 9:00 a.m. 8/15/2011 Tardy Work Session 12:56 p.m. Tardy 9/01/2011 Agenda Review 4:00 p.m. On time 9/06/2011 Regular 6:00 p.m. On time 9/19/2011 Regular 9:00 a.m. On time 9/29/2011 Agenda Review 4:00 p.m. Tardy 9/30/2011 Joint with KB 8:30 a.m. On time 10/03/2011 Regular 4:00 p.m. Tardy i 10/03/2011 Closed Session 4:04 p.m. Tardy y 10/17/2011 Regular 9:00 a.m. On time 11/03/2011 Agenda Review 4:00 p.m. Tardy y 11/07/2011 Regular 6:00 p.m. Tardy 11/17/2011 Agenda Review 4:00 p.m. Tardy 11/21/2011 Regular 9:00 a.m. Tardy 12/01/2011 Agenda Review 4:00 p.m. Tardy 12/05/2011 Regular 6:00 p.m. Tardy 12/05/2011 Closed Session 6:30 pm. On time 12/15/2011 Agenda Review 4:00 p.m. On time 12/15/2011 Closed Session 5:10 p.m. On time 12/19/2011 Regular s g 9:00 a.m. Tardy 1/19/2012 Agenda Review 3:00 p.m. Tardy y 1/23/2012 Regular 9:00 a.m. On time 1/23/2012 Closed Session 11:20 a.m. On time 2/02/2012 Agenda Review 4:00 p.m. Tardy 2/02/2012 Closed Session 4:34 p. On time 8 e 2 , Clerk r j ew . over ount ommissioners Y Commissioner Berger's Attendance Record December 6, 2010 through Present 2/06/2012 Regular g 6:00 p.m. Tardy 2/20/2012 Regular 9:00 a.m. Tardy 3/08/2012 Agenda Review 4:00 p.m. Tardy 3/12/2012 Regular. 3:00 p.m. Tardy 3/29/2012 Agenda Review 3:00 p.m. On time 3/29/2012 Closed Session 4:16 p.m. On time 4/02/2012 Regular 6:00 p.m. On time 4/10/2012 Agenda Review 3:00 p.m. Tardy 4/10/2012 Work Session 3:20 On time 4/16/2012 Regular 9:00 a.m. Tardy 5/03/2012 Agenda Review 4:00 p.m. Tardy 5/07/2012 Regular 6:00 p.m. Tardy 5/11/2012 Special 8:30 a.m. On time 5/17/2012 Joint with Airport 8:00 a.m. Absent I 5/17/2012 Agenda Review 4:00 p.m. Absent 5/21/2012 Regular 9:00 a.m. Tardy 5/21/2012 Closed Session 3:09 p.m. On time 5/31/2012/ Agenda Review 4:00 p.m. Tardy 6/04/2012 Work Session 4:00 p.m. Absent 6/04/2012 Regular 6:00 p.m. On time 6/08/2012 Special 8:50 a.m. Absent 6/14/2012 Agenda Review 4:00 p.m. Absent 6/18/2012 Regular 9:00 a.m. Tardy 6/28/2012 Agenda Review 4:00 p.m. Tardy 7/02/2012 Regular 6:00 p.m. Tardy 7/19/2012 Agenda Review 4:00 p.m. Tardy i 7/23/2012 Regular 9:00 a.m. Tardy 7/25/2012 Joint with CB and KB 9:00 a.m. Tardy 8/02/2012 Agenda Review 4:00 p.m. Absent 8/06/2012 Regular ` 6:00 p.m. On time 8/09/2012 Joint with CoW 9:00 a.m. Tardy 8/20/2012 Regular 9:00 a.m. Tardy 8/20/2012 Work Session 11:05 a.m. On time 8/30/2012 Work Session 3:00 p.m. On time Ck 8/30/2012 Agenda Review 3:45 p.m. On time 9/04/2012 Regular 6:00 p. On time UE COPY 3 , Clerk ew anover oun y Commissione�� i Commissioner Berger's Attendance Record December 6, 2010 through Present 9/13/2012/ Work Session 1:00 P.M. Absent 9/13/2012 Work Session 2:09 p.m. Tardy 9/13/2012 Agenda Review 3:55 p.m. On time 9/17/2012 Regular 9:00 a.m. On time 9/27/2012 Agenda Review 3:00 p.m. Tardy 10/01/2012 2012 / / Regular 6:00 p.m. On time 10/05/2012 Special 4:40 p.m. On time ` 10/15/2012 Regular 9:00 a.m. Absent 11/08/2012 Agenda Review 4:00 p.m. Tardy 11/13/2012 Regular 1:00 P.M. Tardy 11/13/2012 Closed Session 1:05 P.M. Tard y 11/29/2012 Agenda Review 4:00 p.m. Tardy 12/03/2012 Regular 6:04 p.m. Tardy 12/13/2012 Agenda Review 4:00 p.m. On time 12/14/2012 Special 1:02 p.m. y 12/17/2012 Regular 9:00 a.m. On time 1/03/2013 Agenda Review 4:00 P.M. Tardy 1/07/2013 Regular 6:00 p.m. Tardy 1/17/2013 Agenda Review 4:00 p.m. On time 1/22/2013 Regular 9:00 a.m. Tardy 2/08/2013 Budget Work Session 9:00 a.m. 2/14/2013 Agenda Review 4: Tardy, -� 00 p.m. Absent 2/18/2013 Regular 9:00 a.m. On time 3/07/2013 Agenda Review 4:00 m. P• Absent 3/11/2013 Regular 4:00 p.m. Tardy 4/04/2013 Agenda Review 4:00 p.m. Absent 4/08/2013 Regular 6:00 p.m. Tardy I z I s 4 , Clerk ew ,anover Minty ommissioners N � ae ' � � •N-i OU N a x W N IL o ! a, °C,4 A H� c „ q y U Q o U CD a LU o W 7 M M O y N O O O y W o " rA o N C> .r 6 N N N N ri p 0 -r y \N td O O N p to 9 N ° 6 Y-"I M O O O O O $ 0 0 ° o C O GO o U c p" N U ° c o o x ° 00 to M •-- to V1 •~M O Q N M 3 h O o v� Z N z `� ? 7 C (z L� C .•. 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O #2 p All Location t Offence Tract t A 113&1 S00-BLS Commons Woy, Wilmington NC 28409 172 _ T #3 e ident O An p►�+nise Type ratan Residence A � O Com HOME OF V1C71M-SINGLE 10sko F00Y[Mule)Family How Attaeked or Committed Foreibk Vywpon/Tools MO Alecomplice/Norta, Weepomwazor D Yea No QN/A Rester #ofvietims Type mPason OBusintaa Mjury None 1 O Society O Government ❑Firieneial institute ❑Broken Bonesmor i °f Teeth 1hudAlcelwl Use: V Severe Lacerations ®Yea nimown ORPJ 'ow ❑L.E,Officer tine of Duty OOthorNnknown Interns) Unconacmw Ma pr Ti Victim/8uainess Name(l,ast,First,Middle) Victim of D08 J 1 No A V 1 BERGER BR1.l N M.l77NEW Ap Raa RaWivaft Resident Steal I Crime N 3S To Offender ®Resident M 1 W M )VA )Non-Resider !loneaddress �,lrn „ Haile Prone Employer Name/Address Business one Mobile Phone V" Mae mom e in CORES: V•Vietin V3 0. R ortin Pason if Debar than victim) T Owner if other then victim R= : ®Parses) ❑Business OSoc►ely ❑Governmant Finaneiallnatitute OReli ions OL.E.OfficerLineof 0 Code Name(Last,First,Middle) f70ther/Umkmown H ,RP F.FJ ICM yea#f Do8/Age Racc Sex r a Home Address / 1 Home Phone d Employer Name/Address Business one Mobile one € ! I N Type: OPeraon OBasiness OSo ' ❑Government Financial Institute Rel' 'ous EX E.016 of 1 V Code Name(Lest,First,Middk) i7ptha/Uiikaown L i ODB/Alle Ras Sex EHome Address D ome Phone I � Dyer Namc/Addreas s Business Phone Mobile i Phone ladcaess L=Lost S c Stolen R=Rewvaed 4=Damaged Z=Seized 8=Bumed C= C7uek"O1"eolurnn if recovered for o8ta wiadicdon Counterfeit/Forged F a Found Vdegm Do Status Value OJ OTY Pro pescrj ion g 1 79 Z i?00.00 I /,►01 F7AF,ARAf MakNMod<l Serial Number t 1 19 Z 1! 0.00 rPOIA7:r05dw tro0sj� 1 (4)PIRF.4AW AAlMUNJ7YON p R ! 19 Z 110.00 � NO)ntnrrrs � �°'" w PAIAT ae J I t , g fi Number of Vehicks Stolen 0 Number Vehicles Recovered 0 '/8, No J.E. P D6 C 961 rear re"'t�e uperv� MIS iennture A►LC'� AN D. L. U PM301? Cm Steus Case Disposition; OFuRherinvestisetion [Unfounded OLocated®Inactive OCkared by Arrest pRefuse to C Exaadirton[?eelined ❑CJossdJGleared OCkared by Anal by t ApAcy l-600F Close s Exhausted nft)lYender D COPY Clerk y ew nover Dun y OmmissinnAM Exhibit A CV 7 5 0 Case No. General Court Court of Justice "=i . . ? ';�'f:.i=' ': cMESTIC VIOLENCE OF PROTECTION District Court Division County ❑ CONSENT ORDER NORTH CAROLINA G.S.508-2,-3..3.1 PETITIONE PETITION PLAINTIFF IDENTIFIERS First Middle Last te-of O MIR16ner And/Or on behalf of minor family member(s): (Lis(..yyaT %rso s/D08: e _QL�ekSpi"i d AleydMer —rrd It tS __Mi'e,+me_1 8 el ZO-7 VERSUS RESPONDENT/DEFENDANT RESPONDENT/DEFENDANT IDENTIFIERS M. UJ Met4 r Sex First Middle Lost Race DEOB4�HT�WT Relationship to Petitioner:' ❑spouse ❑former spouse M ❑unmarried,of opposite sex, currently or formerly living together Eyes Hair Social Security Number ❑ nmarned,have a child in common 6! f 3), Yoflopposhe sex, currently or formerly in dating relationship current or former household member Drivers License No. State Expiration Date []parent [Dgrandparent E]child 0grandchild Distinguishing Features Brian Beoer hout 5ome cots edol� ht5 exrrn5 521 Coryirnorl5 Way IM IT+arl NC, Z 8 1-1 Oq CAUTION: ❑ Weapon Involved rc of 3 eO�N�vRT THE COURT HEREBY FINDS THAT: This matter was heard by the undersigned district court judge,the court has jurisdiction over the parties and subject matter,and the TH This E IsWeapon matter C a Respondent/Defendant has been provided with reasonable notice and opportunity to be WrTRUE Copy Additional findings of this order are set forth on Page 2. CLERK OF SUPERIOR COURT THE COURT HEREBY ORDERS THAT: NEW PIANOVER CO(jlqTy C )23_The above named RespondentlDefendant shall not commit any further acts of abbs&&F9noth"Webuse. )&TheT above named Respondent/Defendant shall have no contact with the Petitione'rPWYn&Aoq"'WgrbttlOdizi any defendant-initiated contact, direct or indirect,by means such as telephone,personal contact,email,pager,gift-giving or telefacsimile machine.[051 Additional terms of this order are as set forth on Pages 3 and 4. The terms of this order shall be effective until WARNINGS TO THE RESPONDENT/DEFENDANT: This order shall be enforced,even without registration, by the courts of any state,the District of Columbia,and any U.S. Territory,and may be enforced by Tribal Lands(18 U.S.C.Section 2265).Crossing state,territorial,or tribal boundaries to violatf this order may result in federal imprisonment(18 U.S.C.Section 2262). Federal law makes it a crime for you to possess,transport,ship or receive any firearm or ammunition while this order is in effec- even if this order does not prohibit you from possessing firearms. (18 U.S.C. Section 922(g)(8)). This order will be enforced anywhere in North Carolina. Only the Court can change this order.The plaintiff cannot give vou permission to violate this order. See additional warnings on Page 4. AOC-CV-306,Page I of 4.Rev.8/09 (Over) 0 2009 Administrative Office of the Courts i { ADD INDINGS 1. Present at the hearing were: the plaintiff, represented by the defendant, represented by 2. As indicated by the check block under Respondent/Defendant's name on Page 1,the parties are or have been in a personal relationship. U_ll/ ttL��-On(date of most recent conduct) t defendant p a. ❑ attempted to cause ❑intentionally caused bodily injury to ❑the plaintiff ❑a minor children)in the custody of the plaintiff ❑ b. placed in fear of imminent serious bodily injury ❑ the plaintiff ❑a member of the plaintiffs family ❑a member of the plaintiff's household LN A i placed in fear of continued harassment that rises to such a level as to inflict substantial emotional distress i e plaintiff ❑a member of plaintiffs family ❑a member of plaintiffs household ❑d. mmitted an act defined in G.S. 14 ❑27.2(1st deg.rape) ❑27.3(2nd deg.rape) ❑27.4(1st deg.sexual off.) ❑27.5(2nd deg.sexual off.) ❑27.5A(sexual battery) ❑27.7(sexual activity by substitute parent) against the ❑ plaintiff ❑ child(ren)living with or in the custody of the plaintiff by(describe defendant's conduct) ^ Q�J tA ❑ 4. The defendant is in possession of,owns or has access to firearms,ammunition,and gun permits described below.(oescdbe all firearms,ammunimn,gun permits and give Identifying number(s)If known.and Indicate where defendant keeps fuearms.) CW The defendant 7 "❑ a.❑used ❑threatened to use a deadly weapon against the ❑plaintiff ❑minor children) residing with or in the custody of the plaintiff ❑ b. has a pattern of prior conduct involving the ❑ use ❑threatened use of violence with a firearm against persons ❑ c. made threats to seriously injure or kill the ❑plaintiff ❑minor children)residing with or in the custody of the plaintiff r_ ^ made threats to commit suicide 3�'� -[ e. inflicted serious injuries upon the ❑plaintiff ❑minor children)residing with or in the custody of the plaintiff in that(state facts) ❑ 6. The ❑ defendant ❑ plaintiff is presently in possession of the parties'residence at ❑ 7. The ❑ defendant ❑plaintiff is presently in possession of the parties'vehicles described below: ❑ B. Other: (speciry) CW IAOC-CV-306,Page 2 of 4,Rev.8109 (Over) ®2009 Administrative Office of the Courts J Exhibit A Name O/Defendant file No. 1 CONCLUSIONS '�, :; ti = �? ' 3 . +}}_ Based on these facts,the Court makes the following conclusions of law: . The defendant has committed acts of domestic violence against the plaintiff. ❑2. The defendant has committed acts of domestic violence against the minor children)residing with or in the custody of the plaintiff. There is danger of serious and immediate injury to the amtiff. ❑minor child(ren).[G.S. 506-2(b)j The defendant's conduct requires that he/she surrende alI firearms,ammunition and gun permits. (G.S.50.8-3.1) j ❑5. The plaintiff has failed to prove grounds for issuance of a domestic violence protective order. ' ORDER It is ORDERED that: 1. the defendant shall not assault,threaten,abuse,follow,harass(by telephone,visiting the home or workplace or other means), or interfere with the plaintiff. A law enforcement officer shall arrest the defendant if the officer has probable cause to believe the defendant has violated this provision.[011 2. the defendant shall not assault,threaten,abuse,follow, harass(by telephone,visiting the home or workplace or other means), or interfere with the minor children)residing with or in the custody of the plaintiff. A law enforcement officer shall arrest the defendant if the officer has probable cause to believe the defendant has violated this provision. [01j 3. the defendant shall not threaten a member of the plaintiffs family or household.[021 ❑ 3a. the defendant shall not cruelly treat or abuse an animal owned, possessed,kept,or held as a pet by either party or minor child residing in the household. ❑ 4. the plaintiff is granted possession of,and the defendant is excluded from,the parties'residence described above and all personal property located in the residence except for the defendant's personal clothing,toiletries and tools of trade.[031 ❑ 5. any law enforcement agency with jurisdiction shall evict the defendant from the residence and shall assist the plaintiff in returning to the residence. [081 6. theplaintiff[08] C3 defendant[08J is entitled to get personal clothing,toiletries,and tools of trade from the parties' residence. A law enforcement officer shall assist the I�plaintiff ❑defendant in returning to the residence to get these items ❑ control of any animal owned,possessed, kept,or held as a pet by either party or 6a. the plaintiff is granted the care,custody,and minor child residing in the household. 7. the defendant shall stay away from the plaintiffs residence or any place where the plaintiff receives temporary shelter.A law enforcement officer shall arrest the defendant if the officer has probable cause to believe the defendant has violated this ' provision. [041 i 8 thAc)defendant shall stay away from the following places: a) the place where the plaintiff works. [041 �(b) any school(s)the children)attend.(041 the place where the children)receives day care. [041 ❑ (d) the plaintiffs school.[04] (e) Other: (name other laces)[041 Such The sheriff must deliver a copy of this order to the principal or principal's designee at the following school(s):(name schools) # l v? V �l e y Ele MOn.��r� �c-�+o�1 ❑ 9. the plaintiff is granted possession and use of the vehicle described in Block 7 on Page 2.[08] ❑ 10. the defendant is ordered to make payments to the plaintiff for support of the minor children)as required by law. [081 i 11. the defendant is proibited from possessing,owning or receiving[07j J5�purchasing a firearm for the effective period of this Order[07). Q nd the endant's concealed handgun permit is suspended for the effective period of this Order.[081 ❑The defendant is a law enforcement officer/member of the armed services and ❑may ❑may not possess or use a firearm for official use. 12. the defendant surrender to the Sheriff serving this order the firearms,ammunition,gun permits described in block No.4 of the Findings on Page 2 of this Order and any other firearms and ammunition in the defendant's care, custody, possession,ownership or control. NOTE TO DEFENDANT: You must surrender these items at the time the sheriff serves this Order on you.ff the weapons cannot be surrendered at that time,you must surrender them to the sheriff within 24 hours at the time and place specified by the sheriff.failure to surrender the weapons and permits as ordered or possessing,owning,purchasing,or receiving a firearm, ammunition or permits to purchase or carry concealed firearms after being ordered not to possess firearms,ammunition or permits is crime.See"Notice To Parties: To The Defendant"on Page 4 of this Order for information regarding the penalty for these crimes and instructions on how to request return of surrendered weapons. ❑ 13. the defendant shall attend and complete an abuser treatment program offered by the following agency,which is approved by the Domestic Violence Commission:[081 AOC-CV-306,Page 3 of 4,Rev.8/09 (Over) ®2009 Administrative Office of the Courts t ' E " -14. Other:(specify)[08] Exhibit A e ❑ 15. this action is dismissed and as of this date any ex parte order issued in this case is null and void. TEMPORARY CUST - ❑ Temporary Child Custody Addendum To Domestic Violence Protective Order,"AOC-CV-306A, is attached and incorporated into this Order. i FOR-CONSENT JUDGMENTS ONLY �.-:.:... 2'�.• �:,:,, ..: - -:�*,::.3%;:x.:,3> ��?c�':j Each of us enters into this Consent Order knowingly, freely,and voluntarily.The defendant understands that in consenting to this Order all of the consequences set out in the Notice to Parties and Warnings to Respondent/Defendant in this Order apply. Date Signature ofplalntlff Date Signature Of Defendant :. �- GN E OF JUDGE 1147 f 4Dfict Co Judg�jype O Print) Signature O rstriet 1 rr J~ge V NOTICE TO PARTIES TO THE DEFENDANT: 1. If this Order prohibits you from possessing,owning,receiving or purchasing a firearm and you violate or attempt to violate that provision,you may be charged with a Class H felony pursuant to North Carolina G.S. 14-269.8 and may be imprisoned for up to 30 months. 2. If you have been ordered to surrender your firearms,ammunition,and gun permits and you fail to surrender them as required by this Order,or if you failed to disclose to the Court all information requested about possession of these items,or provided false information to the Court about any of these items you may be charged with a Class H felony and may be imprisoned for up to 30 months. If you surrendered your firearms,ammunition,and permits,you may file a motion for the return of weapons with the clerk of court in the county in which this Order was entered when the protective order is no longer in effect,except i at the time this Order expires criminal charges,in either state or federal court,are pending against you alleged to have been committed against the person who is protected by this order,you may not file for return of the firearms until final disposition of the criminal charges.The form motion,"Motion For Return Of Weapons Surrendered Under Domestic Violence Order"AOC-CV 319, is available from the clerk of court's office.The motion must be filed not later than 90 days after the expiration of the Order that required you to surrender the firearms or if you have pending criminal charges alleged to have been committed against the person who is protected by the domestic violence protection order,the motion must be riled not later than 90 days after final disposition of the criminal charges.At the time you file the motion,the clerk will schedule a hearing before the district court for a judge to determine whether to return the surrendered weapons to you.The sheriff cannot return your weapons unless the Court orders the sheriff to do so.You must pay the sheriffs storage fee before the sheriff returns your weapon. If you fail to file a motion for return of the weapons within 90 days after the expiration of this Order,or the final disposition of criminal charges pending at the time this Order expired,or if you fail to pay the storage fees within 30 days after the Court enters an order to return your weapons, the sheriff may seek an order from the Court to dispose of your weapons. TO THE PLAINTIFF: 1. You should keep a copy of this protective order on you at all times and should make copies to give to your friends and family.If you move to another county or state,you may wish to give a copy to the law enforcement agency where you move,but you are not required to do so. 2. The court or judge is the only one that can make changes to this order. If you wish to change any of the terms of this order,you must come back into court to have the judge modify the order. 3. If the defendant violates any provision of this order,you may call a law enforcement officer or go to a magistrate to charge the defendant with the crime of violating a protective order.You also may go to the Clerk of Court's office in the county where the protective order was issued and ask to fill out form AOC-CV-307, Motion For Order To Show Cause Domestic Violence Protection Order,to have an order issued for the defendant to appear before a district court judge to be held in contempt for violating the order. h' CERTIFICATE OF SERVICE WHEN DEFENDANT NOT PRESENT AT HEARING I certify that this Order and Notice to Parties has been served on the defendant named by depositing a copy in a post-paid,properly addressed envelope in a post office or official depository under the exclusive care and custody of the United States Postal Service. 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O it Q o m �.` D F-W r « m m 0 oN �f1 -s ' tied ai o O OmeQp` Lam. d0'oo — o a _ a x a E ,8 v U ra m a•„ x mom„ <f: �sw o ° ` N Q m o a $ $y E°ord N C a 'D E° ° m O i� o Z �' o e W Wm m o ` N V wma a c v`o s ° °tF' > c m o A l a vW ° p fA v o -9E eoa $a ' �« `O w m �' o m W o o U A o e v=-0 c > o �� w E W J y m 1�- m N U v u Ju 2t°. �c 2 w $ z m 2 W � E Q W $ W CS ps �� z y� m m E Z QQ r o O` m o E f °c c 3 v = mp F- m $ L' Z ro $ N d W m .5 o Lb Lb r-E o 9 c .so. _ O qs /V� I § Imo a F- W v W �r W W V: �m w`° W o v Q O p ui y p C d W to aZ O Q IL o d� c fo A o .0 EwSW -S c v a a a °V W Q c i p 3 awe, -as '� m m N p Q�... o imam cc s 'smv �ar g m W W - o $ W _ m a t :! $ ° °D E F- fn F- m c '3 y r f nor e: n uvvi use r+vi-un-svz stove or Hui un-sou ronarwn.u sane semence uw Use Mw- n c.a u iv�seu iu awn use nu. -owe. o MAGISTRATE'S ORDER - MISDEMEANOR ONLY J The named defendant has been arrested without a warrant and there is QrobeWe pose for the it dant's Date Signature Of A1Wg1stra/e1De",1Assislai detention on the slated eharges.This Magistrate's Order is issued N the named officer.A oop of this Order has been delivered to the defendant.brmation famished order oath 4 _ �, 0 8 COURT USE ONLY L 7 u District Affomey Affomey For Defendant At Time Of Trial Or Plea ❑Appointed ° PRIOR CONVU G, O Retained o ® PLEA No.A_evel: O ❑I(o)_ [ C? guiltyhesp. ❑ no contest VERDICT/❑guilty/resp, m c ❑ guiHY/►esP• ❑ no contest FINDING:❑gushy/resp. MISD.CLASS:❑ Al U 1 LI 2 L o 0 o ❑ not guilty/resp. e l ❑not guiltyhesp. ❑V/D a JUDGMENT:The defendant appeared in open court and freely,voluntarily and understarid G E gty entered the above plea;on the above verdict/findmg,k is ORDERED that the defendant 11 pay costs and a fune/penalty of$ ❑be Imprisoned for a term of days n p151 ' ❑longer ❑ shorter period of ys custody of the sheriff.Pretrial credit days served ❑The Court finds that a aeo pe probation than specified in G.S.ISA-13432(d)Is necessary. ❑Execution of sentence le 1 suspended and the defendant le placed on unsryen4sea ton for subject to the regular conditions of probation and the f w r = months,s oUowing: ❑ (1)pay costs and a frre/penagy of$ ;❑(2)not operate a motor vehicle p ' until property licensed by DMV; ❑(3)complete hours of community service within days and pay the lee: ❑ (4)Oilier. 2 s o n ❑h is ORDERED that this: ❑Judgment is continued upon payment of costs. ❑case be consdidated for judgment with o c a 11 sentence is to run at the expiration of tine sentence in � P O ❑COMMITMENT.It is ORDERED that the perk deliver two certified copies of this Judgment and Commitment to the sheriff and that the sheriff cause the defendant to be retained in < s custody to serve the sentence imposed or until the defendant shall have complied with the conditions of release pending appeal. ie Cl The defendant In open court,gives notice of appeal to the Superior Court. ❑ The current pretrial release order is modified as follows: t z Date Signature Of District Court Judge Ice r } *that this Date SOW—Of Depuly/Assigiaj* C Judgment is a true copy. m m ' a=� 3 to 0 a 2 -�41 i- � � �c � m ❑ 'g3��` � y m � � � N Q� �� .0� S O o n s Z • ET m ❑ 3 7 f a o 8 0 o m � � -cart ° 0 0 J� ,g 11 v 3. z . 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M G031 l ! � . ^ @ � s / ui � c k / Z � O } 0 2 ~ � ■ } kz w J / 4) L) z UJ J ■ av « ■ SE� z �� zz o ` e | � � ■ \ LM } � \ �f/ 8 IL .9� K » Bc ■ f � 0 0 c\ ' } � ok22� } . l 1 � U \ C k / k r / 0 CL ' EQ t 2 \ w CL q } m o CD a» l P § ! � � i - k ) � 3 a Bank ofAmerica { 1 Bank of America SS' Commercial Card Statement Date og-31-,l This is Not' Bdl Credit Limit $5,000 Do Not Pay le Cardholder Activity Cash Limit so Days in Billing Cycle 31 Total Activity $1, NEW HANOVER G UN r n� r o NEW HANOVER COUN �w F = p Card Account Num XXXX-XXXX-XXXX- �7 n •�� NEW HANOVER CO. Page 1 of 1 BD. OF COMMISSIONERS CARDHOLDER ACTIVITY Post Iran Date Date Reference Number Transactions 118 22 0S-19 24135651231197000051615 EMBASSY SUITES CONCORD CONCORD NC MCC Charge Credit Arrival:08-18-11 3695 145.45 i 1 i i Customer Service 1 1.888.449.2273, 24 hours Acconot Summary Previous Balance $0.00 Outside the U.S. Credits 1.509.353.6656, 24 hours Cash + $0.00 For Lost or Stolen Card: Purchases + $145.45 i 1.888.449.2273, 24 hours Other Debits + Overlimit Fees + $0.00 Send Billing inquiries to: Cash Fees + � BANK OF AMERICA Other Fees + 50.00 %q BOX 15184 Total Activity — WILMINGTON DE 19850-5184 $145.45 ' Please see the reverse side for iaronnaiion about your axow, i Commercial Card Bankof America 1p- Account No. XXXX-XXXX-XXXX-1276 Total Actnity, $145.45 Cardholder Signature Date +r r�r��u�n�n��rurr��un��nr�u��rrr�r�rr�r�r�r�rrr��r� Manager Signature Date KYMBERLEIGH G CROWELL =:POOOSet,o NEW HANOVER COUNTY STE 175 230 230 GVNT CTR DR WILMINGTON NC 28403-1732 Vew T F O B A TRUE COPY 4 71546600212127600000000000000 anover ounty Commissioners 3 f 1 t 1: S""00 1 1i: 1 2 2 1600 2 1 2 1 2 ?611a 5WW JOHN Q HAMMONS DRIVE NW CONCORD,NC 28027 EMBASSY B U I T E 8 1EI.FPH0NE(704)455-8200 • FAX(704)433-8201 NAME 6 ADDRESS RESERVATIONS HOTELS• www.Nlton.00m or 1 800 HILTONS BERGER,BRIAN ROOM ' 230 GOV CENTER DRIVE VML.MINGTON,NC 28403 ARRIVAL DATE 8/17/2011 US DEPARTURE DATE 8/18/2011 ADULT/CHILD 1/0 ROOM RATE $129.00 RATE PLAN C-COC Hhonors# AL: CONFIRMATION NUMBER: 80267810 i i 9/9/2011 PAGE 1 7aR DESCRIPTION ID REF NO CHARGES CREDITS BALANCE E RANTEED NO SHOW HOOKS 1075620 $129.00 CITY TAX HOOKS 1075620 $7.74 STATE TAX HOOKS 1075620 $8.711278 HOOKS 1075621 ANCE 1145.45 $0.00 ACCOUNJNO DAZE OF CHARGE FOLIO VS •1276 08/18/11 9:49:00AM 296991 A CARD NEdNR NAIL AUTHORIZAnON BERGER,BRIAN WnAI. 073798 ,$ ESTABLISHMENT NO 8 ESTABLISHMENT AGREES TO p� SERVICES LOCATION TRANSMIT TO CARD HOLDER FOR TAXES TIPS&bBSC R FE p E AMOUNT M¢ItCRAMIM ANDM SERVICES PMa ASBOON TADS CAM SHAD NOT BE AEIUMED FOR A CAM REF Im over ounty PAY="Dm UPON RZCYRT .I 1 0 co co tpp C? v cm UJ E Vol 150 0 LuU) c 0 0 cc 0 H iu 0 LU C4 CD o; C, co 0 to to 1: 8 LO O O in d ^ o 0 ui 0 0 0 0 0 0 0 0 CM Z C a g Oz on:, N z 0 N a' ,u I —0 C rw r r v C a I C 162 M OD E 0 CD m L 0 IL CL CD o m t0 0 IT L) 0 hm a x CL 100 is CD O a .0 4Th,- add- as be.,,. 1�.Iananl n h=tdhd. =;: gob date ki,�b5t a rges.7 eVn is Da fUt-narned offiCir.A of this Order ties been der"Of0d 10 the defendant. I , / District A Homey SE 0 Attorney F-Defendant At 77me 0i Td&l Or plea -!!IOR CONVIMC PLEA:0 guV/r_p. 0 01(0)_ 011( 0 no contest VERDICTf 0 guillytrup. 0-91111tYllrOSP. 0 no contest FINDING:o gurty/reep. MISD.CILASS:0 Al E MISI).CLASS:O At 0 1 0 2 0 3 C' 0 not quilty/resp. JUDGMEN7:IT9hundlye/frendpant appeared In open court and freely 0 V/D costs and a finalpenally of S �voluntarily and understandingly entered the above plea,on the above verdiclAinding,it Is ORDERED that the,defendant: 0 pay 0 be irnprisoned for a term of— days In cusiody of the sh9riff.Pretrial credit days served.0 The Court rinds ft a or- 0 longer 0 shorter period of Probation then specified In G.S.I 5A-1343.2(d)is necessary. 0 Execution of sentence is suspended and the defendant Is placed on unsupervised 0 probation for—months,subject to the regular conditions of probation and the following: 0 (1)pay*)at$and a&Wpenalty of S_;0(2)not operate motor vehide if until Property licensed by DMV. [](3)complete—hours of community service within—days and pay the fee; 0 (4)Other 2 0 0 It Is ORDERED that this: [)judWrient is continued upon P&ym nso 0 ant Of costs. 0 case be co Odated for judgment vW[h 0 0 sentence Is 10 fun at the expiration of the sentence in 13 commamENT.It Is ORDERED that ft Clerk deliver defis"n'4 De Sli7nalu Copy nder ca",t�jo r ISE ON 0 AAwktd 0 ReWhed PL.. g no n,., 0 No. fv`0 cer"red Copies Of this Judil"Ient and COMMIUmIlInt tO'ft sheriff and that the sheriff cause the defendant to be retained in custody to Serve the sentence irriposed or unlif he deFeWdan!shall have cornplied vvith ft c0ndiffions of release g appeaL 0 The defendant pendin In open cOurL gives n0rclil Of appeal to the Superfor Court. 0 The current Pretrial release order is modified as follows: Date Swalum Of Dbw cowl t*e I Certify that this Judgr—I is a Irue coW Satn-at:ur—O:Of�Dltl:putoylAs-si�s�iantC;SC�� to z C3 Q. 1117 a a L) - g 0 0 9 A c3 1 1 - W F_ -1-1 Z z h N 0 10 L-.Z- 0 1 C) m g� m oc- r $ P "0 1 LX w La T- a 0 t > a V _0 Pit ,T z F m > F" P a' . _J0 m a 0 g C e, N "n - --I-r- a) z US s� I m 0 > OR m z > 9 C) 0 q4- .9 t C __J 'Ark, Cl c1b" — (40 3,11 n rb� 0 0 m 0 e� U -0 > 0 16� jil 6 0 w 0 .a a m N) arc Ul- in z -W-2- 0 R C I i';137 i: M, cD U U I L3 Z.to OC) 31 1 C) SL 0 -C It 0 I I AL -b MEP 0, call z 0 - 0 0 0 0 00 00 0 0 0 Cqk 0 -00 O's ; :- , a m J In HOUR cis-4 0 gg 6;*1 < rt A 110, 6 its P a Cog z In all I ir 0 w a_4MU &L . m 0 NzmiT.S — — ?.1 Jacq- isal-;:- S.- R:o ,- I a&L E-4 a . g S N= if- -I I x 1� -SUN 61 1 1 1 1 a 0 Sit., L a Ha- CV 14691 . > liffic-9,2ka-1-1 F-3 1 1%c IL 6L I a a n E.Bt. 3.3 14,11 9 a It- - I, . - . r B-Z 0 cL S. cc f F CON > a 2P w _o M. -9 "Rip"1 0 9 m a�-n In 0 0 Ki F r;� 3'--. . - . c - B c o A!"T EF 8 FW i m L RK _ cog F 9? EW E ffe . Xn�htj Deputy Clerk of Superior Court I I i U N v f �1r I ' vl i i i � •� �I i•,f.�l :i I .�.'?i Jam• ' d i «. u co i I i E FE E Z Z Z ca ..7 / % i c 9 s S $ s i NOTE TO OFFICER: The officer slit '— In The Genelal ATE OF NORTH CAROLINA District Court Division S County ov defined in t;.S.20-4.ol(3d). AND REVOCATION REPORT OF i AFFIDAVIT A OFFICER •rOTE: A"commercial motor vEtnna ITTER OF, LAW ENFORCEMENT 1N TH CHEMICAL ANALYST Nam it �� aired supervision- instruction nstru under The charged offense is impaired "suPervtsorhnsWdo�wherever j ❑ G.S.20-12.1.Accordingly. Address „driver"appears below. 20_16.5.20-17.8,20-19(c3),20-139.1 C5 �'� t State Zip GHez lya 6 2, Citation No. i t1 Vehtole Type CMV _ /' 16 • g City ` y rg� state l' 1 rivers License No. �- sex Dot Of rth 1. at_—_(a)(P-)m•,a law j Rao t erated a t n says: "71<.0 C rl !<! –�1 '• rst duly sw day of 1� �,hereinafe�eferred to as dnver,op The undersigned b rn9 ) ' OrPar^/B8i rounds to behave tha co�ntY upped pars Y I am a law enforcement officer. On the_�. t enforcement officer•had reasonable a to the above nam v`el� commercial motor vehicle) A�� 4 n vehicle(❑ t3� r '�" an implied- consent offense in that �z i w ile committing P , aL P , 6 conditional restoration(Restr.•s). • L t N dent Facts To estebnsh pmbabte o")interlock. ❑ arable ignition ri ❑ ignition not having an op ❑alcohol concentration. orted for testing. ❑ driven. ❑ refusing to be transp ignition interlock on the vehicle being 2. The driver has a drivers drivers�iceensetrrestriction by tp ersonally activate the r9 ❑ driven. ❑ failing P ❑ 3. The driver violated a G S 20.138.1; ending offenses in th, interlock on the vehicle being had-consent offense of: i exceeding the drivers alcohol concentration limitation. ❑and the driver has one or more p 4. The driver was charged with the imp had-Consent Offense: ,a chemical Other Imp following county(ies) the drivers Ircense had been or is revoked under G.S.20-16. i for which ed,I took the driver before { After the driver was charg artment of Health and Human Services authorizing me 5• E'` permit issued by the Dep analyst authorized to administossess aocurrent perm t Itox ECAR II. p-16.2(a)•I completed informing the chemical analyst and p the Into hts specified in G.S.2 g. I am a Ses of the breath utilizing of the rig i conduct chemical analy and also gave notice in writing i I informed the driver orally indicated on the attached DHHS 4081- the observation period requirements for a breath analysis in 7 driver of the rights as Indic ur ose of complying an observing the driver for the purpose by the Department of Health and Human Services a g. I beg methods/rules app 0)m•,I requested the driver to v alt ❑ accordance with the day of 20� ,at O on the r I directed the taking of a blood or urine sample day of Iy� g. On the hts and request to submit fi chemical analysts of his/her breath 1 blood or urine.For blood or uneeefore the notification of rignder G 5 20.13 .1, chem qualified u ' person qualified under G.S.20-139. able of refusal and t by a person q of a blood sample sis to the driver in accordai it anted the r ❑10. The driver was unconscious r not made.I directed the taking n Services using an latex EC/IAffidavit.The most race an ical analysis nal sis of his/her breath.I administered the chemical analY chem art of this []11. The driver submitted t roved byre Department of Health and Human which is made pot the methods/rules OPP ical analysis on the attached test record.DHHS 4082, of the attached test record before any tria { s chem on this Intox EC1IR 11 on the with a�day the driver performed preventive maintenance was P be used. .own on the preventive mainseo the chemical analysis may be driver concentration of 0;15 or more: ttached DHHS 4081. s in which the result proceeding' ❑ DHHS 4082. ❑ DI- The chemical analysis of the drivers breath indicated an ache arson. 2 or urine was collected for a chemiaited on the ttached on the another p ❑1 analysis as in 13. A sample of the drivers blood death or critical injury DHHS Permit No -consent offenseinvoivingorchemi ►Anatystn.aWE"r0mement �Qt i 014. The driver willfully usal occurred n submit n implied chemical aria Y Sig natu ❑The willful Nlaw Fn forcemeat Ocer f SUBSCRIBED TO BEFORE ME 1 tN9 a a icalAnarys SWORNIAFFIRMED A�rD 1 ,ut nz dTo Administer Oaths i Da e Sign u C Agency Name Deputy CSC AsswantCSC ❑CSC �.� isfra CountyWhe►eNotartred A TRU C A Date MY Commission Expires COURT 3 I Notary E SEAL NEWS HANA ( t ? BY: �� e �t AOG�v4dm�isHafNe p�ryce of the Courts 9epl4ty C19rk Of SUPOHOr CDtlr( a I 9 I� s 0 NOTES TO LAW ENFORCEMENT OFFICER/CHEMICAL NOTE TO LAW ENFORCEMENT OFFICER WHO IS NOT GOING TO administerbrest. 1. Complete the identifying information at the top, 2. Check the"Law Enforcement Officer'block under"Affidavit and Revocaton Report of'in the ti, j for this case paragraphs i-5(and if the driver is unconscious, 3. Review and check as appropriate P g implied-consent rights need not be read,also review and check as appropriate paragraph 10),ar, 4. Swear or affirm before notary or magistrate,sign and file copies as indicated. NOTE TO LAW ENFORCEMENT OFFICER WHO CHARGES DRIVER AND IS CHEMICAL. breath test or reads the implied-consent rights for a blood test 1. Complete the identifying information at the top, Officer"and"Chemical Analyst"blocks under"Affidavit and Revocatr 2. Check both the"Law Enforcement O section, 3. Review and check as appropriate for this case paragraphs 1-14,and { 4. Swear or affirm before notary or magistrate,sign and file copies as indicated. NOTE TO CHEMICAL ANALYST WHO IS NOT THE CHARGING OFFICER: 1. Complete the identifying information at the top, 2. Check the"Chemical Analyst block under Affidavit and Revocation Report.of in the title section, 3. Review and check as appropriate for this case paragraphs 6-14, and 4. Swear or affirm before notary or magistrate,sign and file copies as indicated. INSTRUCTIONS j 1. This form should be used in District Court to prove alcohol concentration in implied-consent criminal c 2. This form should be used before the Magistrate for the pretrial civil revocation (CVR)when the driver is with DWI or another implied-consent offense and the driver a. has an alcohol concentration of 0.08 or more; j b. has an alcohol concentration of 0.04 or more and was operating a commercial motor vehicle; c. is under age 21 and has an alcohol concentration of 0.01 or more; or i d. refuses.the breath test and/or a blood or urine test. 3. This form should be used to notify DMV of(i) an alcohol concentration of 0.15 or more or(ii) a refusal to submit a breath test and/or a blood or urine test. 4. This form should be used to notify DMV of violations of the following drivers license restrictions a. *9= the driver has a Conditional Restoration of his or her drivers license b. 19= alcohol concentration (A/C)of 0.04 c. 20= A/C 0.04+ignition interlock i d. 21= A/C 0.00 e. 22= A/C 0.00+ignition interlock f. 23= ignition interlock only + When a driver has violated a restriction and Paragraphs 2 and 3 on Side One are completed, ALL sections in these paragraphs that apply must be checked. For example, if the driver had a restriction 20 and violated both the alcohol concentration and the ignition interlock provisions, both the"alcohol concentration" and the "ignition interlock"blocks should be checked in Paragraph 2. The same applies to Paragraph 3. 5. File the original and copse ,with a copy of the test record ticket attached, as follows: a. Original -To the Magistrate for the pretrial civil revocation (CVR). b. Second copy-To the Court for the criminal case. c. Yellow copy-To DMV for violation of any alcohol or ignition interlock restriction on drivers license, alcohol concentration of 0.15 or more, or for refusal to submit to a breath test and/or a blood or urine test. DMV's address is: DMV, Information Processing Services, 3120 Mail Service Center, Raleigh, NC 27699-3120. j d. Pink copy-To the Law Enforcement Officer/Chemical Analyst. E x e. Green copy-To the driver. I 5 -AWtVRAA/DHHS 3907,Side Two,Rev.3/10 i STATr OF NORTH CAROLINA IF In The General Court Of Justice NEW HANOVER County R)District ❑Superior Court Division STATE VERSUS Name Of Defendant ENTION OF IMPAIRED DRIVER BRIAN MATTHEW BERGER DET Date Of 9!rth G.S.15A-5342 .5.•'. �..�• - _ FINDINGS '' •� The undersigned judicial official conducting an initial appearance for the defendant named above finds the following by clear and convincing evidence: i 1. The defendant has been charged with an offense involving impaired driving as defined in G.S.20-4.01(24a). 2. At the time of the defendant's initial appearance,the impairment of the defendant's physical or mental faculties presents a danger,if the defendant is released,of physical injury to the defendant or others or damage to property in that(specify reasons): IMPAIRED DRIVER. SEE OFFICER'S AFFIDAVIT AND REVOCATION REPORT. SAFE MOVEMENT VIOLATION, I DIFFICULTY PARKING TO SIDE OF ROAD, FUMBLED FOR PAPERWORK, RED GLASSY EYES,DIALATED PUPILS, ADMISSION OF DRINKING,MILD ODOR OF ALCOHOLIC BEVERAGE,PRESCRIPTION MED USE,HON AND PBT. r ...�4v ORDER ..;r.yr.... - ---_ :;r'aiS = i'T%v;4 P4= - -:•4 is •��_�*�• - -''�; DETE TON Based upon the to findings,the undersigned judicial official ORDERS that the defendant be detained in the custody of the Sheriff until an appropriate judicial official determines that 1. the defendant's physical and mental faculties are no longer impaired to the extent that the defendant presents a danger of physical injury to the defendant or others or of damage to property if the defendant is released or y 2. a sober,responsible adult is willing and able to assume responsibility for the defendant until the defendant's physical and mental faculties are no longer impaired. I The period of detention under this Order shall not exceed twenty-four(24)hours. Date T7me R1 AM ❑ PM ® magistrate ❑ Clem Of Superb,Court 12/1 8/2012 0607 ❑ Deputy CSC ❑ District Court Judge Signature Of Judlaa!official ❑ ❑ Superior Court Judge Assistant CSC 3 i W.R.WHITTED ;a ° ;! ,•::: :;; RELEASE FROM DETENTION ORDER - The undersigned judicial official ORDERS that the defendant be released from the detention order entered above because ❑ 1. the defendant's physical and mental faculties are no longer impaired to the extent that the defendant presents a danger of 9 ph sical injury to th efendant or others or of damage to property if the defendant is released. 2.,��AA& 2 �A�►30.1 i (name),a sober, responsible adult,has indicated by signing below that he/she is willing and able to assume responsibility for the defendant until the defendant's 1 an ntal faculties are no longer impaired. ❑ 3. the period of detention has reached twenty-four(24)hours. -By signing immediately below, I certify that I am a sober,responsible person,age 18 or older,who is willing and able to assume responsibility for the defendant until the defendant's physical or me culties are no longer impaired. Date Slgrtature /Sober Re onsib/e It , The conditions, if any, of the defendant's pretrial release are co 'so' on form AOC-CR-200. Date Time AM ❑ PM Magistrate ❑ Clark Of Superior Court j Z `'tom Deputy CSC ❑ District Court Judge j Signatu OI Ju dal Official ❑ Assistant CSC ❑ Superior Court Judge NOTE: "!f there s nding of probable cause, the magistrate shall consider whether the person is impaired to the extent that the provi ns of G.S. 15A-534.2 should be imposed."G.S. 20-38.4(a)(3). AOC-CR-270,Rev.12/06 i ®2006 Administrative Office of the Courts A TRUE IP fi CLERK OF sUPtRIOR COURT NEW HANOVER COUNTY Bl': Wichete T. Xnt &On � 'I [Deputy Clerk of Superior Cotrt Y | | � ! | | � i / 'STATE OF NORTH CAROLINA tlft No, County in The General court of jusb ce District 0 superior Court Division ' CW DETENTION FOR COMMUNICABLE Date Of Birth DISEASE TESTING FINDINGS icial conduct ig an initial appearance or first appearance for the defendant named above finds The undersigned judicial off Probable cause that an individual was explosed to the defendant in a manner that poses a significant risk of transmission of the AIDS virus or Hepatitis B by the defendant to the individual in that(sPecffy reasons): Based upon the foregoing findings,the undersigned judicial Official ORDERS that the defendant be detained in the custody of the Sheriff to allow for investigation by public health officials and for testing for AIDS virus infection and Hepatitis B infection if required by public health officials pursuant to G.S. 130A-144 and G.S. 130A-448. The period of detention under this Order shall not exceed twenty-four(24)hours. Date rime E3 Am E3 Pm D magistrate Deputy csc 0 District Court Judge E3 Assistant csc Co ull Judge )N ORDER The undersigned judicial Official ORDERS that the defendant be released from the detention order entered above because public health officials have completed their investigation and testing, if any, under G.S. 130A-144 and G.S. 02. the period of detention has reached twenty-four(24) hours. The conditions, if any, of the defendant's pretrial release are contained on form AOC-CR-200. Date 13 PM 0 megistt. cie,*of superior court Signature Of I Offidal 0 Distact Court Judge ! ! � | | / | i i / / � ' / ��- i | ` ' � | | i � | � ' i | / � � ' | | | AOC-CR-270, 12/06'" » / / 0ouonAdministrative Office m the Courts �L� ( ! . � � i -E,•=&0 vi j ca awi nel�uestea To lIIbmlt t0 a Chemical ' Analysis to Determine Alcohol Concentration or Presence of an Impairing Substance Under N.C.G.S.20-16.2(a) Last 1 First MI l 1 Driver License Nrrmbe /State Date of Birtlr Citntron Number [ ] Breath [�]Blood [ ] Subsequent Test g 1. You have been charged with an implied-consent offense. Under the implied-consent law,you can refuse any test, but your drivers license will be revoked for one year and could be revoked for a longer period of time under certain circumstances, and an officer can compel you to be tested under other laws. 2. The test results, or the fact of Your refusal, will be admissible in evidence at trial. I 3. Your driving privilege will be revoked immediately for at least 30 days if you refuse any test or the test result is 0.08 or more, 0.04 or more if were driving a I I commercial vehicle,or 0.01 or more ifyou are under the age of21. i 4. After you are released,you may seek your own test in addition to this test. 5. You may call an attorney for advice and select a witness to view the testing procedures remaining after the witness arrives, but the testing may not be delayed for sw these purposes longer than 30 minutes from the time you are notified of these rights. You must take the test at the end of 30 minutes even ifyou have not contacted an X attorney or your witness has not arrived. s a Date i' o) Time__ �w Signature of Person Charged r"D Did defendant call an attorney and/or witness? �]NO ] YES a C---®' r•• [ : Time a.m. Jj — j ] Blood mple Taken " JD) )#!J/ a.m. [ ) P.M. on the)A day of kC_F I a person qualified to withdraw the blood sample pursuant to N.C.G.S. 2�� 1 [ ) Refused Test a ,7 � [ ] .m. [ )P M. OO�r s i ure of Chemical:An].�h,., Permit No DISTRIBUTION OF COPIES: ? f iST-MAGISTRATE COPY 2ND-COURT COPY 4�-ANALYST/OFFICER'S COPY j DHHS 4081 (07/09) 3RD-DMV COPY 5�-DEFENDANT'S COPY i A TRUE COPY i 8 CLERK OF SUPERIOR COURT I NEW HANOVER COUNTY OY: WichetTe T. Xnighton Deputy Clerk of Superior Coed a I i Wilmington police Department 95h Crime Laboratory ... PO Box 1810 _n N 2'1402�11 'm'�l I Wilmington,NC 28402-1810 y Report 2 P"i, Laboratory , F/20/2012 DATE- NE. i-, , C�wpC1202 16 I TO: A.D.SchwIrb" LAB REpoj;ff NO: ---.2012-046729 Wilmington Police Department AGENCY CASE E§O.- KIT PO Box 1810 ITEM DFSCRITrIlON: BLOOD Wilmington,NC 28402-1810 DA-MITDC-OF INCIDENT 12/18/2012 02:36 OF SALE DRAW' 12/18/2012 02-53 D ATE/TMO 12/20/2012 DATE RECEIVED BY LAB: 12/20/2012 LOCATION: DATE COMPLETED: Typip,OF CASE,' DWI BrianMatthcw ----------------------------- SUBJF,CT(S)-. BERGER- ----------- ................... AFFIDAVIT AND REVOCATION REPORT (BLOOD TEST) The undersigned being first duty sworn say: to analyze a Person's blood to determine the presence and concentration of I. duly authorized I am a Chemical Analyst ethanol. and Human rent Permit issued by the Department Of Health )d a cm analysis was performed,I possessed pennitNurnber is 356. At the time this ana A Services authorizing me to conduct such sn*s's, Sery a method approved by the hmdsPace gas chromatography; above-named person using d of the 3. 1 analyzed the blood Services,and made the f0llowing deteiminafion(s): Department of Health and Human 100 milliliters of whole blood* is 0.08 grains of alcohol per The alcohol concentration portion of blood will be retained for 6 months. If no The disposition of this evidence is as follows'. The unconsumed that period. blood will be destroyed following further disposition is requested,the a true and accurate result of my analysis on the This report represents Subscribed and sworn to before me item(s)described- This the 3 ay rd Of J my L. tson lop (Chemical Analyst) official administering(Sig"att N expires 09 /30t2Ql4 -c:r tar Commission exp WITH MY Z CO We IN CONNF BE,USED ONUf N CONNE ------U_z_-TMSREF [IS GAnON ----------- Z —AN OFFICIAL CRUVDNAL MITI-&O—p I�Es T Pub%\C' Mr.BA David,DA r �`��New Hanover County Clerk Of Court Department of I-lealth and Hun=ScN-"Its ""';,'/0170ver %J '%:k Division of Motor Vehicles Ph Evangelous,Chief of police thereof to any unautborized person is a 0 make public or reveal the contents the Wilmington Police Department.T AR b Confidential. This is an official file of violation of the General Statutes of North Carolina- A TRUE COPY IL (Rev 04/12) F SUPERIOR COURT DI-HiS 3176-WPD CLERK 0 NEW HANOVER COUNTY oy: q4jzhv1LT Wp piton 0cpoty Clerk of SUP00f 00urt Reader Wrack Report Csi•d'-Aders who have been admitted by selected Readers Printed: March 13,2013 8:27 GC—ATTY_COMM—SCR—EXT READER (TC9DR2) ' Event ID Date/Time Event Device Description CardCode 22,575,9% 3/9/13 9:43 Admitted GC_ATTY_COMM_SC (•BRIAN BERGER CF510B s R_EXT READER + (TC9DR2) 22,575,9E 3/9/13 9:43 Entered GC_ATTY_COMM_SC BRIAN BERGER CF510B R_EXT_READER (TC9DR2) j i 22,577,93 3/9/13 16:20 Admitted GC_ATTY_COMM SC W COPLEY 192F6D R_EXT_READER (TC9DR2) 22,577,93 3/9/13 16:20 Entered GC_ATTY_COMM_SC W COPLEY 192F6D R EXT_READER c.t _ (TC9DR2) 22,578,27 3!9/13 17.36 Admitted GC_ATTY_COMM_SC RIAN BERGER CF510B R_EXT_READER (TC9DR2) 22,578,2 3/9113 17:36 Entered GC_ATTY_COMM SC BRIAN BERGER CF510B 5�3� R_EXT_READER ` (TC9DR2) 2,578,92 3/9/13 1846 Admitted GC ATTY_COMM �_SC BRIAN BERGER CFS l OB � 10 V lA R_EXT READER (TC9DR2) ; 22,578,917 31'9/13 18:46 Entered GC_ATTY_COMM_SC BRIAN BERGER CF510B R_EXT_READER (TC9DR2) 22,580,31 3.10/13 0:01 Admitted GC ATTY COMM SC, BRIAN BERGER CF510B j R_EXT_READER (TC9DR2) 1 22,580,31 3i"10/13 0:01 Entered GC ATTY_COMM_SC BRIAN BERGER CF510B fje, a,ar R_EXT READER (TC9DR2) s I GC COMG SRV EST_READER (TC7DRI) Event ID Date/Time Event Device Description CardCode 22,584,42 3/10/13 18:16 Admitted GC COMG SRV EST RANDY TRIPP 13 7C62 — i READER (TC7DR]) ' 22,584,42 3/10/13 18:16 Admitted _ GC_COMG SRV_EST_ RANDY TRIPP 137062 READER(TC7DR 1) 22,584,42 3/10/13 18:16 Entered GC COMG_SRV_EST_ RANDY TRIPP I37C62 ILREADER(TC7DR]) F s R F Efl.EE.A TRUE COPY E Clerk ew Hanover un ommissioners 1 g ed A� n. Fi E TRUE COPY Clerk ew drover MR ommissioners r u trea mt 4j, Fabp � Arif Oki., NWIC Yv 4oy y, rr1'4A N. , . . FI BE TRUE COPY clerk ever unty ommissianers 01711 FIDE NTIA1. eA4 rave zo up 16 f c -r/e 5 06L Per h,., ce 4/0 7e vlo z ,4 -r'?J 6 Ij 'tl-7 co 'Y' 2. i7l, 7o reel Se If- ktojr bw d0 c,.'. Ay*f(t ley,5�An -bri(Ic bo'.. i ot NHC- Fero 1pi I(e,94 -hr" of Je Of D-K va S RCU*,, WooPY (mtrg, -CHAIA 20, 27, o-a 7-.I>.o,, AWW ?I T� I F R. I T B ATR E Copy J U R�OUM Clerk ew ano,.r oun Commissioners (Zksoolr c see Netj awgim IJT'tA L x i TAMIQAB RECEWT i i G..RO f.4RNET '/�+T r Date: NOWTON C*Q E, uI a gin Of ., ,. !fit ( r� ) 03199-T ST -1E LP tea niv Fare: '� �:L.:�•— ' 4 rriY,�grr, p ! � r 23, OD y 1' Q , OTAL t. 1 f'r�lTT � 4.F9 MOM l 1...1.11!-.N r1 ry. �VYV��w�Miwl�y r al' A7 C E A RUE COPY Clerk 0� ew an ver un y ommissioners boa: 2/00 CfIP1+ Ern rebate ith BP f licaY 6 q &.rvT�v - Ti-�d ►�s CQ AGAIN $ �i?IA�If� lrG�13t.97 Cli O EM- _ TAB ' S MjaM Y DR* off`' ffi` �= Us SIVL X00000#7032 CLERK03 SA CH YUU tATE r t$2.9g R RECEIPT• x!$12.99 SANDxrcH MA)k U SFRIES gg ri SICH $3.99 03/07/2013 2; Au Bo Pa i n SANDHICk ''$4.99 ' 00000 38A(y 03 STORE *000125 JUICE T $4.99 0#7113• ; CLERK03 50 Mass Ave NE E r 1$2.25 Washington DC 20001 SWCH Office Catering Specialists POSE TAX l $42.56 E r $3.99 t $2.25 �-- $4.26 JUICE,/j/ICE r,$2.25 QUESTIONS - CONCERNS? I TENS MDSE ST r,$2.25 Call us at 1 BOO TALK ABP gU i TOTAL TAxI $10. 7q Visit us at our website: 6. $ $1.07 ht#p://WWW.AUBONPAIN.COH 1 CHANGE $47.00 $0. 1$ ITEMS --- --___ *"TOTA Ticket :9116431 CASH 1 . 2013-03-07 10;25 PH CHAIVG'E $12-00 000125 1 18 116431 YO(JR RECEIP7 $0. 19 s aAl. 2,3e THANK YOU FOR HERE 2.38 ;�i.►y. ;Ul3 Tax 24 Amount Due $2.62 COPY CREDIT $2,62 r1; a,n i Change $,00 ABP GUEST CONNECTION SWEEPSTAKES Complete the guest survey: YOU COULD WIN $2,000 a A A.0 � � visit: cc eaar OWW . abpsu rvey ..cam Rest ant »> M COPY �t< , :1D' ' completed entries Nwst be received E 1031053 Christia last day of month to be included in Sale athly drawing. Opstakes open to legal US sidents Chk 6657 IYears and older. CSt W1&Wd: P employees and immediate Wily S 1 ---- it eligible. a r0 ) purchase necessary. aid where prohibited, 1 �d STI=fIR Imo, �;�; 3r coWlete rules visit abpsurvey,wm "L"I ,Ynn. t.ai�� No Z fie+ vc Aoarrd:Onllue , S4� �.x'..U141 R'a r Twwc *f----- I Pl'E49E AYE MUNt T-) R IFI E A TRUE COPY �� , Clerk d i anover oun ' ty ommissioners S f S f WLL TO TAXI RECEIPT TO C K G Time Date 0 492549 C ORK 5 Cam _iD# 124 FRIMN M MIA 12; Origin of Trip Declination F".4 2 Descr. #Y agii46it T CROCK-.S11iUilfi3 1 .t I 16OZ COFFEE 1 1.29 91, Total 41.98 " i...' Tax 0.35 TOTAL G_33 r"" ap MIT £ 5.33 ; ve DISCO R £5.33 Cj 040& kcVCffd 11: M, 0 Auth 8: 00144P ! Ref: 4F533043 Rmp Code: 000 Stan: 0874M63 SITE ID: 049"W CUSTM COPY T IE E TRUE COPY *� , y:-tro Clerk Date: . G� Ears+ rues ew er ounty Commissioners with BP Visa CMgtn of trip. GP Take mplication F and AP01r Today Pestinadow HAVE A NIJ HOLIDAY / COME AGAIN sign. �1 REM OOG2 M 020 D4 01 IRS#. 250.,8 AIQIJ12 19:39:29 ST9 (D Tax! Ca' b Receipts AXICAB RECEIPT t ggQ AA r DATE: i tTiltlr: I j Time: Date: r�� TRIP ORIGIN: Origin of trip: ` l�•� STINATION: -- ---- 4 Destination: ` F&RE: $ atf SIG NAM RE •� � Fare: • Si gn. i topy Invoke#:90690 VALOMAR i Conference Registration Fee W A$if I N G T O N DC A K11 'HDTEL Amount Billed: $515.00 ' i Amount Paid.. $515.00 Room Number.215 Balance Due: Daily Rate:328.00 $0.00 31WO13 Room Type:KGDX No.of Guests: 1/0 111. D1 W RTt RATE J 03102113 03108/13 0408 RLS IRMS OATE NO. .� 11420457034 "` kbllt�ij on 03102113 215 OVERNIGHT PARKING OV_ERNIGHT PARKING 03/02/13 215 PARKING TAX 18% PARKING T $43.00 AX 18% $7.74 03/02/13 216 ROOM CHARGE 10115 Berger,MR.Brian 03/02/13 215 CITY-OCCUPANCY TAX $329.00 CITY-OCCUPANCY TAX $47.71 03103/13 215 MISCELLANEOUS 1100 COPIES 03fi3113 215 OVERNIGHT PARKING $40.00 OVERNIGHT PARKING ;F43.00 0 03/03/13 215 PARKING TAX 18%, PARKING TAX 18% $7. 03/03/13 215 ROOM CHARGE #215 BWW,MR.Brian 03/03/13 215 CITY-OCCUPANCY TAX $329'00 CITY-OCCUPANCY TAX $47.71 03/04(13 215 IN ROOM ITEM SALES STAPPLER 03/04/13 215 MISCELLANEOUS 525.00 1200 COPIES $42.00 03/)4/13 215 OVERNIGHT PARKING OVERNIGHT PARKING 03/04113 215 PARKING TAX 18% $43.00 PAFkKING TAX 18% $7.74 03/04/13 215 ROOM CHARGE #215 Berger,MR.Brian 09104(13 215 CITY-OCCUPANCY TAX $329.00 d1TY-O000PANCY TAX $47.71 03/05/13 215 OVERNIGHT PARKING OVERNIGHT PARKING 03105/13 215 PARKING TAX 18% $43'00 PARKING TAX 18% $7.74 03/05/13 215 ROOM CHARGE #215 Berger,MR.Brian 03/06/13 215 CITY-OCCUPANCY TAX $328'00 Cm'-OCCUPANCY TAX $47.71 03/08113 215 OVERNIGHT PARKING OVERNIGHT PARKING 03/05/13 215 PARKING TAX 18% $43.00 PARKING TAX 18% $7.74 03/0613 215 ROOM CHARGE #215 Berger,MR.Brian 03106M 3 216 CITY-OCCUPANCY TAX $329.00 CITY-OCCUPANCY TAX 647.71 03/07/13 215 OVERNIGHT PARKING OVERNIGHT PARKING 03107/13 215 PARKING TAX 18% 543.00 PARKING TAX 18% $7.74 ` 03/07/13 215 ROOM CHARGE #215 Berger,MR.Brien 03107/13 215 CITY-OCCUPANCY TAX CITY-OCCUPA $329'00 NCY TAX $47.71 I TOTAL DUE: $2,871.70 TI E 4WR UE C K I MPTON"ho#els a restaur Clerk MKIMPT ON-KIMPTONHOTUCOM ew anoommissioners ! COPS' Ulmh 04,201319 6 Pager 1 Receipt t 5414110559 u"ft'cwd#:X70000000000!3115 2013J9�M 1935 aY Deaafptlon Ammot 450 ES sW a ttRtite u z11 90.00 SubToUl 90,E Taws 5.40 Total 95.40 Earn murde wdfh Fift OftiOe En pan"for YON e49ft FsdEx Office pffd a When Ya WP up for My Faft Rew v&.00 to fedoLma mu*to d p up today. The CtMhOw agma to Pry tha[am of the duwp cacti In a000rd m w4th the s frswnW batmn the hwwer and the Cardhohter. Faft office Print&Ship Centers 1919 COiuiecW Ave WAOWOgbnDC X06 20008 w ww.FldE%0Mce oom Pbm PAgde Thk Rw*t i 1 R IF T BE TRUE COPY Clerk over ounty ommissioners i g I 9 i I i k 3 g Copy P i TAXI RECEI T Time Dah 3 j Cab# ID1r I Origin of Tip OIL /�� S 6p Destination (si I S*natme 1 1 i i I I i i 3 f f 3 4 t S ' s l i i i { ' 3 k I I I f f 3, S e x IL 'Fl T BE TRUE COPY Clerk IeLw ommissioners i i I t � I POLICYAND PROCEDURES FOR APPOINTMENTS TO COUNTY BOARDS, COM COMMITTEES AND AUTHORITIES M1SS10i�IS, lr ' SECTION'i. THE POLICY OF NEW NANO ��fZA L VARIOUS BOARDS VER COUNTY QOyERNJJVQ AppO1NTMENTS TO THE 0 FOLLOWS: COMMISSIONS, COMMITTEES. OR AUTHORITIE,g o H C, j �y ieardern of Neer Hanover C committees,oraul"es of#,Cnun eNBIb1e to serve on the appointed or New. ..Co y�y ty�*110Ye such appo ant Is not prohibited Comm, si ft ask"' S r 8. /W appoJntme sfa��lte � r&win be made 800ardkV to the that boar!,comirnbsion,commit,or authority.Appohrhmerns S�tute or Ordnance that created /�f/t C. No resident of New Hanover Coon ty may serve h Governmental Cody govemmerr, uNess exempted by nature of the posoon ire o positions of New ants!service.- r she may hold in D. Unless othetwlse stated b apPofitees may serve more Statute or Charter, all terms of o� shall be three l Of County ConimWonem d than two consecutive terttrs. This poifcy may be waived ff Years. BOW functioNng of that board �eterminas that the removal of that Individual would be ' n.oan nittee,or authority, deblmental b the E. Whenever an a shall be y Pp°fitee shall Incur three unexcused ab reported by the presiding oilfcer of the reapeccgy bbd ac s�1twe to attend euthOrly to the Chairman of the Hoard of Co of any appointee may,at the election of the Commissioners. Such � siorr, or deemed to consttlute resignation on an of the Board of County absences �rs be commission,or authority. Excused absence are Me as nt0s from such board one's control and are aubJeet to approval committee, by the Board on which the appoMtae d sa eve beyond Any Board Of Coll �• County Commissb�er�ranissloners appointee may be removed,without cause,by a rcaJoNty of Upon resignation or removal,the Board of County commfssip of Pereow who applied for��m�Homers may select a replacement f� on,or authority,without further notk:e, adv � � on such board, committee Cornmissloners,or may advertise for ert�wnwd or action by the Board of app�ations M llil fie vacancy. County F. Each appoJMes must uphold County popcles Pertaining to the Committee on whk;h he/she serves. t3. If a bo�member r should state ke has a a sue.t this belief to er Interest on a per The member should state the nal a of the rasp board during paste, private or monetary kibe►eat, either direct or ci ntha detailing that he/she has a The member should then excuse hlmsefghe�lf from the issue under�nsiderottorr. tl, An appointee.will not be considered vow on the matter. heJJshe Is s nsldered fbr any ernpbyment va .until saki a agency or department ppokreir resigns his/her seat on the board;c oe sion,the` selected to fJM the va nc hW hO Wilill not id r for - Should t�h,comm�slon,or I comrntesion,or auth ftee not be ° '' the mod. 6ommass, 1. EQch Corrn g t1!Co h the t km will have available to hltn or her a binder containing a tilt of all County ' appointments with the fotiowtng data provided: 1• Nacre of the board,commission 2• Brief on the functions of each ,committee,or authority, tnt'commission,committee,or authority, s R �B�ETRLJE COP• Cleric ew anover =Missio ers; 1 6 POLICY AND PROCEDURES FOR APPOINTMENTS TO COUNTY PAGE 2 BOARDS,COMMISSIONS,COMMITTEES AND AUTHORITIES 3. Statute or cause creating the board,commission,committee,or authority. 4. Number of members and terms of office. 6. Current members, addresses, telephone numbers, terms of office, numbers of terms served,and expiration dates. 6. Regular meeting day,time,and location. SECTION 2. PROCEDURES FOR FILIJNG VACANCIES FOR APPOINTED pp$ITiONS: .A+-...•.-+t�#6�IIGL1 Pf�91lIsJ!!!t� :.•......... ,. 1. A�t of available positions end a deadline for receiving✓applieadenrwlll•bepab�hed'�in•the newspapers of New Hanover County. This procedure will be carried out by the Clerk to of County Commissioners. the 2, Thirty6(3 j days prior to the terms expiring.the Cleric to the hoard will mail a notice-to each person who is eligible for reappointment, requesting Information on his or her interest in continuing to serve, If an IndWual Is not eligible for reappointment;he or she w111 be notified anq!given the reason for being ineligible. 3. If, because of policy or otherwlse, an Individual Is not reappointed, he or she w81 be presented a Certificate of Appreciation for service signed by the Chairman of the Board. 13. Selection Process 1. As applications for a particular position will be returned to the Clerk to the Board of County Commissioners..The Clerk will check each for efigibli ty. 2. iW applications.win be forwarded to the County Commissioners with those who are b nglble noted and the reasons for Ineligibility given. 3. The Clerk to the Board shall piece on the agenda the'Appointrnents'for action at the next meeting of the County Commissioners. C. Notification of Appointment The Ciark to the Board shall prepare a letter of notification each of the appointee a d a copy to the affected board,commission,committee,or authority notlfjring ` D. Applications All applications reoeived shall be retained for 16 monthe. Applications shalt be kept on file for all active appointees. An of the above data shall be mBinteined by the Clerk to the Board for use by the Board of County Commissioners. As amended and adopted: 4`10010 ART IE RUE COPY E A T ew a>lover oun 'ommissioners 4 i 3 , '9 0 I IT W its B Is is cps ,d f ad CMIL CRT i n'- V 4AR gig is ts � Vr 3 V) IS > E IF T BE A TRUE COPY Clerk e-w--Hanover-CoOntiZommissioners i ``'� i f"4•Iq>,7'_ ��- f _ Ir ,� �fl �1 ?rL � 'r �' � r �yl�j��i i��(i.. 4X �t 1, rt, t� T Y,�• •,,r,�r'rT�+'°�� 6rs ,r''��3 �; �'ri _ r, -�- i.� . � 1y.�� X4'2 PF.. �ih X-� !S. �•Jt_ 'rY�� , !y_r�` i J e• rlJt 3 NEW HANOVIER COUNTY BOARD OF COMMISSIONERS �.. DISABILITY AWARENESS AND 1i;WLOYIVIF,NT MONTH CORD PROCLAMAT'ION WHEREAS,more than one million People With disabt7ities have entered the labor fam since the PamSe Of the Amaicsas with DisaWties.Act in 1990;and commom, and wc°dmM Pw* WI& dimbi]ities me canhgyatlqg to soci and to their folfiihnemt of the Ammr�ican dcvem;and our i �'new es of�P�IC M&disabilities are Stowing up W gto� and gta&udmg �school, NC a,� and to college,and p�+epa�g to paWcipate in the WEMtZA3Ob seWMU with disdit through self-sTeacy and �wd are striving to atfa;n«xnomaic WHEREAS,both etademts and job seclaara With dhabXdw have the most of their' meainaize dear potantW by �atellect,talents,•aad abfiNn in an of P te,Bad att WhW barier nd p rammatic, WSAS, e8nployc= fimn the Pdvsk mUD�g POW wide was as a way of Imo'' g abot t theme seo f dl may benefit f ng bmdng r+datioaehipa widr Wit, Isaias and of ' and��des;aad new and �arg;ag talent >iar i WII]MEAS,dm efforts am made possNO a broad - Qf P le Wi$i P wig the Ameri �P DisabOitiea and a dedicated local ��O�On boas,school distticls,colleges and ie of eraninn fmm , mm uaivecsities,and go NOW,Z'MMRE,BE IT PROCLAII D that October 2012 be neco b3'the New EaaoV sib Caamty. ! as 'Disabdtty AWa � in New Hanover ADOP72D this ftid day of OcMw.2012, NSW HANOVER COUNTY Jam BWMDA Jr.,Vu;e-( ATIBST: a Shave L Sahnit;Salt to dm Board S i f } $OBta Of y Vim.,,. R FI BE A TRUE COY Clerk I�ew anover ounty ommissioners NEW EUNOVEIR COUNW BOARD OF COND4MIONJERS REQUr'ST FOR BOARD ACTION AIFNI OTG DATE-- Odober 1,2012 tWU rts�r: 9 i DEPAjLTMENTt': Human Resources P 9: Gloria Garton.Executive Director,ftAb4li Resource Center ty i 9 3 CoNtrACM.Dena]1=4 human Re oiuces Director oUWEC+• i i Consideration of Dhzbility Awarenm and&nployment Month Prodamadon !. B1gM SMOIARY: Gloria Garton is the Rucutive Dimctw for the dn"lity Rcwmlce Ginter.She has eabmitted a proclamation to recognise October 2012 as DLsability Awareness and Employment Month in New Hanover County, j i SIUTBMC PLAN ALDGNMRNP. • F Superior Public Health,Safety and Educ tIon Seep the public hzkn mod on important iaibnmadon RECOIAM�IDBD M0nPN AND REQURr=ACTDONB: Adopt the proclamadom i Disablity Awareness and Employment Month ; COUNTY MANAGEBIS COQ AND RIWOMMMunon.-(doh MwNW) Recd approval. i i . t i i F i 4 i i S 3 Bowd of Coumduicam""a&g ` 10/02012 i te IFI s BE TRUE COPY Clerk anover ounty ommissioners i � I mayor , 0V A, Brenda Bauman Y , Mayor Pro Tom Herbed$Barnes 102 Town-mall Drive �nMM Leland, North Carolina 28451 ' Pat Batbsa.q Tee Ohone(910) 371-0148 �wtb.car, r�trar.u.r F'=(910) 371-1073 .x,B. c� .Muc July 29,2011 Mr:Colvin L Seovel,M General US Dnt of . N Avenue, WashhWak Ar— 20390 Re: Federal overdih ofh NMP I tan P*MbS rtio� near General Scow.. The Town of LehW4 in&rth arwtswlcir Period horn 2004 to 20pg Advitely co�ia��1PQIrA of the Wig iK lmtl4or P . betwcdn our region and the�e�w has been n�� °�! is ti�� wiry area. tta�o Aa wive of the WmPo/rAq i hm Id d membefit ofttda mnmhtee tM Y,witb=,a } moue etfcie�ot use offmds,and the need to orai�P aad � to the hr ter Bylaws vrbicb so" w,71 be °i iO� Y ofpryl fear �to rr7atr condnuai mad in opposition to the tbw wdjo®e in essence dimimtoatheg a "►id' � a �e MPo when gnesdoned ifOL a is a > who ab��e+m opinion in "PUG011110M have been metes I 1iA to the nne63hty or f t ft WWO bas not been wltb roedb g a R'lavance.The T eve oonbol the pmoess to the benefit of the �'no coopenptj�no�� 'r Oil-404 and r as its fu gena�sl,does not lirrflq)the Xm of the Amy C01WO,a n, and QI,�r7r oatJbJ.t t�71e."..� '*on ubaeclfVS a»d rar o MWd �uJr�d p�t*olea ddhwy.tht �r�ograei ►+s*Ponth►e/o fl6iidr 1"addition,thane have been inttetroes of ° r% 1 j F bymbaa of the W�pA�Hof and ethiea violettcme Inky 1 case,a S17 a>>Uion Mnetir"yfom corrt5ms is wed,wiA reward ana sum a Iooal toad is ids tying road UCDO - As Mayor of Leland,my council apd I m� d �r S2 million iiz the don Pmj act be dowaatud, rm�B in sevetral million dollars in sa a�°1p �rolation �° Ctmaniteee conourned Nor�T�a�o�Y vote oftbe � IO•s Ttadml New data TAC&Died Ufa talon. 8 i selection ofroed don m*eda(2.0)have aW1 be oo��with way to �Pke the fact the abova �ddm by the�pAC if °l Ad. �e ja subject it to repriW'ti="on bt 2,0. One bas ashes,rhenl What's the until the Iyp�AC refus,to J t R Fl E E A TRUE COPYi o i W .a over n ' Clerk ou ty ommissionrs ' f 2 llitcause the WWO does not meet the threshold in population to ulre it to be Winded in a regularly P� re9 � Y scheduled certification review,I am at a loss to find it way to call to account for their actions the leaders of -the MPO/'I'AC.The FHWA and FTA conduct b90 Cart ficadom Reviews. The IDOT and FHWA conduct ad hoc reviews based on Imes that emerge.FHWA is ultimately accountable for ensuring the Fadtml4dd Highway Program is delivered consistent with the established requirements to reduce waste,abuse;or mismanagement in U.S.Department of Transportation(DOT)programs or operations. SAFBMA-LU also requires DOT to ccMfy the metropolitan planning process ofthe 155 TMAs every 4 years.To conduct a certification review,PTA and FHWA assemble a team which typically consists of FTA and PHWA field staff,but may also include FHWA or FTA headquarters community planaars,EPA officials,other subject matter experts,or experts from DOT's Volpe National Transportation Systems Center.FHWA division office personnel generally take the lead in theso reviews,which typically fake 6 to 9 months and include(l)an initial dealt review,which inchules verifying eomplisaw with basic regulatory requirements,among other things;(2)an evaluation of the MPO's writteen nesponse to a senses of questions;(3)a 2 to 4 day site visit dui which the team gathers additional information;and(4)a meeting to inform the public Vxmt platnaang taquiremmnb and provide an opportunity for the public to express cmm=about how the process is meeting the needs of the area.Attu•the site visit;the team prepares a final report including review findings and recomewdations,which incorporates publk comments on the planning process. In conclusion,I'd like to offer the following: I. In a smaller MPO that does not meet tine population threshold fin•a 4 year review,then Luse&to be A dnpnge requiring implerrnents soon of a review no matter whet the size of the MPO. 2. A prooedure for filing a gdavance and conduce ft an investigation when the appearance of misconduct on the part of WO lesderahip is found, 3. Prohibit Man sawing an an MPO board anyone who is employed in real estate Bales or development and require any member whose property ownership could be bemai4tted by approval of pojects to In mandated by kw to be excluded Dom deliberations a g saidpropety. d, The membastrip ofsn MPO must be made nonpartisan. When the majority party in power can set the transportation pdorities over the wiskes of the minority members,especially When decisions bavo an overwhelming impact boar ecouoon*ally and aesthetically on smaller juriadictons,the process. beoenes tainted. 5. Financial accountability needs to be emphasized and strengthened. Please advise what further steps need to be rattan to initiate a legislative and agency review process to rafte the mission of Metropolitan Planning Organizations. l am prepared to provide specific details as needed. Sincerely, Walter B.forth,Jr. Mayor . t 4R FIE E T UE OPY ew shover oun y OMMissioners i i i i • I i i • i Those whose actions on the WMPOIT'AC are questionable are: E wbid MWE&MW Lowy Come 1 A+ foUowing rotes of Parllam8ft t7 of the WMpO rY May 111, lnAobat�s R dA_ 8 o,�e contrary to BYlawe. May 18,2011 02- fly Ong some member$more latitude br meeting decorum " peaktrr�for rnors than 3 minutes)while chesWrtg (sp ng without and *vat be ing others. APd 20,2011;Lby 18,2011 3 Rescheduling 0 r+egutar mesh and establishing it as a" is Me earn,there are no provlsi m fbr crilerla for a SPWW MnQ th tg a B la and agenda dokrg�Incause of knowlsd that d�would be some absentee from theme by those whom he knew would vote in o re g,fir meeting PPos1ion to two RaeoliftleN Tom of Leland rah*e to(a) °r'agE{b)a andfng the p i n �)by the Mayor Process l01ndr have nOt yet been ertpended e. . projects for which funds the ( g P�ect+4601).A quor=wondd Oftr,O0e et the N01adY scheduled meeting.ifilag 13,2tt11. hsV+e been adrfeved despite Project 000 aittorr to a Resolution by the Council of the Town of LeJdrtd do Project 4801 at the meeting held on March 2011 while stating at*own maize NCDOT fir' Meeting on March 2011 u i01�, �.pro��` (Hampstead chastising the fdCDOT for pMW*g Wroneoue traffic counts Probably would not have voted down the Resolutiokn. about errors with data,•grey` Aoftw Conspiring to selea a preservaft corridor through the Town of Leland Cape Fear Skyway without consulting with the Mayor of the Town of Leland proposed . ,2009 DOWN the Mayor of Leland his test Pot prresenca ae a loran of indmfdatlon when the Amendment ht of free apeedr and calang for with Ord to Propriety of the Special Merlin circumstances.�r aNnply catled for a POW of Order g May 18,2011 Member, Bill Sue(Brunswick County Chairman of the Board of Commissioners) { 7 Owner of property currently involved In NCDOT P. the prioritization r�anidng of the project from number 1188 i�o�influenced app�dmateiy$2 million dollars from the condemnation of hied 3. He r Vw p j Will gain A dose business associate of his.Leland resident Eire bale nY Prof fft condemnation of his properties In the project corridor. 'Ongoing from May 18,2011. n9 g _,2p09 to 8. Conspiring in an unpublicized meeting to select a preservation,or a the proposed Cape Fear Skyway through the Town of Leland northem corridor for Mayor of the Town of Leland. Sept. 2009. without consulting with the V Ltm E TRUE COPY novunty Commissioners Formermernbers whose actiohs are questionWe but nave len Ine vviwry wi mm uia)as1 yeas, Bid Saffa,Mayor,City of Wit ington', 1. Owner of property currently located withln the selected northern corridor for the ` Cape Fear Skyway._,2010. ' 2. Consphirig In an unpu4lldzzed meeting in September 2009 to select a preservation of a northern corridor through the Town of Leland for the proposed Cape Fear Skyway without oonsulting with the Mayor of the Town of Leland. Sept, ,2009 Mr.Sat'fo resigned from the WMPO when his ownership of this property was called Irdo question by the Mayor of Leland as the appearance of an ethics violation. l3tar Dews____2010 JOW T4koWpaOA,MNAWALPwnty Ecyq�,.,��,.. 1, Owner of a business currently directly adjacent to the proposed path of the Cape Fear Skyway on the northeast side of the Cape.Fear River. Star News article 2010. -- 2. Consptrtng th an unpublicized meeting to select a preservat n of northern oo�Tildor through the Town of Leland for the proposed Cape Fear Skyway without tonsuldng with the Mayor of the Town of Leland.Sept. 2009 Potential vtnesaes: Walter Futch,Jr.,Mayor,Town of Leland,Patricia Bettaman,Member,.Leland Town Council, JIM*BaW6,Mayor,Town of BelvlOe;Dean Lambeth,Mayor,hire Beach;==,Mayor,Carolina Beach. All Static,FHWA tepresentative to the WMPO/TAC. Supporting documentation can be furnished by Mr.Futch,Ms. Belieman,Mr.Mike Koziozs , EkarxrWe birectar of the WMPO/TAC,the Minutes of the meetings of the WMPOIrAC,newspaper articles from the State Port Pilot,government N Channel video of New HanoverCourriia",*AQW Meeting held o1i March ,2011. ' r. • ,f AFR!IED E RUE COPY Clerk ew anover County'Commissioners i a 13 VP0 �w �� S 4' ca U414- fy / , 7s' 3 may (A) �� r baw S on { Jdr�a, �•, � •�la� r� C idol The HonorabL-Alleged Mations of Laws&Re ulations In New nty: a �1 ServloeS Board-Implied Use of Hover Gbu �d Start. Violence and I of the law, Tax Vold N.C, Dollars and of N.C. Gen Sta � Aral in splrtt From: ��, . . F To:r� •IImi�'rda.pe8��h�,�9ov Ibe"hWM0 Subject:- RE:Fraud- .00m Date: wed,s Feb 20122o!3s +00Head start Hello Brian, The a ors i ppointin g authority- tY must have '' htoremovea Warmest Rego a rdsr Glenda Pearce s Staff to the Social Services Commission mission 0 Coordinator North Carolina Division of Social F 2401 Mail Service Services Raleigh, Center g , NC 27699-2401 Telephone: (919) 334-1134 Email: 91enda.pe8rcG ladhha.nc.pov yFrom Brian Berger[mailbo:wilmi fit: Wednesday, Feb rua DnlibertYOhotmall.00m] To: Pea s Glenda ry 08, 2012 3:27 PM R Fl RUE COPY Subfe�; �; F , Clerk raud-Social Services; Head Start ew anover oun ommissioners l t s . d � i {P f F • • f 8 i Thank You Glenda, If 1 am undertanding correctly,an appointing body must have"good cause"to remove a member of the kKal/Cty DSS Board prior to the members three-year berm eDodng? R Correct? f` Thanks Again, r Brian r From: glenda.peame@dhhs.nc.gov To: wikningt onlibertyf hotmall.mm Subject: RE: Fraud-Social Services; Head Start Date:Wed,8 Feb 201219:02:32 +0000 Good Afternoon Mr. Berger, There is nQ identifying, relevant or relatively untested law about forcing removal of DSS Board Members "without caul". Warmest'Regards, Glenda Pearce Staff to the Social Services Commission Rule-Making Coordinator North Carolina Division of Social Services 2401 Mail Service Center Raleigh, NC 27699-2401 Telephone: (919) 334-1134 Email: glenda.pearceldhha.nc.gov From: Brian Berger[malftwilmingtonIlbe"hMnail.com] Seat:Tuesday, February 07,2012 4:56 PM To: Pearce,Glenda Subject:RE: Fraud-Sodal Services; Head Start HI Glenda, g Have you had any luck identifying the relevant and relatively untested law with regard to forced removal of DSS Board Members"without cause"prior to the completion of the three year berm on ' local/oounty Sodal Services Board and/or appropriate contacts and any other pertinent Information in the event a local effort Is waged to undermine and Ignore the law.as it appears to be written in word and spirit...and further,to ensure that local Insider-dub pofRics doesn't allow a small group to reject the laws of N.C... Please provide any contacts or share my name and contact Info with the appropriate legal authorities to enforce the law and curtail abuses of power and manipuation of the law by those with self-serving or unscrupulous intentions and the capacity to dare any victims or LEO agencies from attempting to ensure the taws regarding fordble removal"without cause"of Social Services Board members, retaliation, intimidation, threats and similar oon%%ew be tolerated. IF B A TRUE COPY Clerk . anov er ounty Commissioners S , Please feel law has to beeaadd on to any regulatory or LEO agencies. The abuse and disregard for the Best Regards, Brian a i From: wiimi If To: Y @hotmail.onm g •P�rDe@bdhhs.nc.gov Subject. RE: Fraud Date: Fri, 3 Feb 201212:39:03-1000 Ni Glenda, Wave you had any success determining � the local Social n9�a County Commissioner a he l Serves Board can be removed without cause appointed to a 3 berm� } �"�by armed deputies(I don't have an by simple majority, wanted out by the COun Attorn yand Sh ihelr conduct they ti�eir job, its the orders they were given h, Please let me know how and b herriff that are the issue). looking inbn it.Any information or��mom�l�nged law Is en f�ced...I know you were Your end? 9encies individuals I should also contact or be contacted on Thank You So Muchl Brian Brian Berger,CAE President,Strategic Communications Group 527 Commons Way Wilmington,NC 28409 ' (910)431-3115 r s From: glenda. a Pearceft1hhs.nc. To: wilmingt�onliberty@ h ftmil.com 3 _ Subject. Fraud Date:Tue, 17 Jan 2012 21:05:55 +0000 Good Afternoon, The Social Services Commission is dated 3anuary 17, 2012. �n receipt of your email information. At this time, we are reviewing the Our office will follow-u 3 is complete. Thanks and Have a Wonderful U once our review Day! Warmest Regards, Glenda Pearce Staff to the Social Services Comm ADA Rule-Making Coordinator fission Zeaphov�_eirrbVhW BE TRUE COPY Clerk Commissioners P 4 4 Program Compliance North Carolina Division of Social Services 2401 Mail Service Center Raleigh, NC 27699-2401 Telephone: (919) 334-1134 Email: glenda.pearceldhhs.nc.gov -----Original Message----- From: wilmingtonliberty0hotmail.com [maiito:wilmingtonliberty @hotmail.com] i Sent: Tuesday, January 17, 2012 2:09 PM To: DSSWEB Subject: Questions or Comments for DSS Name: Confidential - Please 3 EMail: wilmingtonliberty @hotmail.com County: Question Regarding: Fraud t Comments: } This question pertains to a Social Services Board member in a five-person system. The member having completed one-year of presumably a 3-year term, is a County Commissioner appointed the previous year to the.DSS Board for their County. During that year, this new first year DSS Board member has acted competently, compassionately, and with great empathy and f genuine concern for individuals and families needing assistance through tough times or protecting children and the elderly from abusive and dangerous situations. w The DSS Board member and Commissioner does not appear to f meet any of the criteria for "good cause." Rather, the Commissioner is forcibly removed (by nearly a dozen Sheriffs deputies) and bullying from a Commissioner with a history of conflicts on Board (Each Commissioner, traditionally sits on a handful of Boards from the Hospital to Stadium Boards, and everything in between. The end result is both the County Attorney and Sheriff justify the forced removal by claiming the DSS Board member wasn't forced to resign, they "just weren't reappointed." Is this a legal action and explaination...that there is no three year term,and the appointing body can choose not to "reappoint" or to remove by force with a simple majority vote of the SOC as the local procedures allow for local Boards? tew E TRUE COPY Clerk nnty C ommissioners S d q E s Is the Coun ty explanation of the [individual Commissioner] . was simply not reappointed" term serving on the DSS Board with to� still remaining in the differences on the Board of Commissioners outside the co e the Dept. of Social Services a 1 P of the relevant taws and legal answer acceptable under regulations concerning removal of a DSS Board member by the appointing authority? Or is it necessa to show "good cause and provide for due ry of a military style remove and- process in advance replace Justification provided??? action with no 3 Dept, of Social Services Board - Retaliation, Threats and Discrimination- Use of Violence and Intimidation, Artest and Unprecedented Abuse of Hanover County ower by the New ty Board of Commissioners, County Attorney, County Manager and 5 County Sheriff to threaten, intimindate, harass and cause harm to County Commissioner rendering dissent a dangero us ro County Sheriff, Attorney, other elected officials behind*the scheme neither the } strike any Possible argument. No accountability the re scheme to illegally not�theiractions were and continue to be criminal,,by the o�� er or 9 Social Services Board Appointee from completing his or her term in accordance with the law. Dept. of Social Services Board - Implied U has bbecome too Prevalent in Southeastern N of Violence and Intimidation. This Culture of Corruption. "Avoid N.C. law in spirit and in the letter of the law," refuse to enforce the law and retaliate against any individual or gr oup application of the law, Protection from illegal activities of others, etc...: Tax bng Dollars and Violations of N.C. Gen Statutes- Social Services; Head Start Head Start is a secretive, by all appearances unethical, unprofessional and the real victims (even more so.than the unprofessional,, corrupt children, those with the least to give allegedly were are disadvantaged young Director of the New Hanover County Community Action, Inc. administrator of ff Head Start and other programs. Executive Director Cynthia Brown a that failed to provide oversight, a black mark forthDistrict Atbornendhis�a� the to blindness Assistant Lillian Saldnes-Bright, and the County Sherifrs Office would choose to put an innocent public official in jail for seeking answers, a and then solutions, rather than accept accountability and work eth } one local, official who has a demonstrated and sincere interest In the Problems, including other staff named as financial profiteers f the cleaning up any misappropriated funds from ( Programs, Head Start, to their personal bank '= accounts). Turnover has been so high under the current "leadership" of Ms. Brown that individuals identified as "dangerous" because of a history ry of mental RTI IED E jVRUE COPY Clerk I New Hah6ver ounty ommissioners a The County Sheriff, District Attorney's office, andCommissioners Jonathan Barfield, Rick Catlin,Ted Davis and Jason Thompson bring the same attitude to this organization for disadvantaged youth as they bring to DSS. Threatening conduct, retaliation and extortion are common with these men. I would welcome the opportunity to provide substantive supporting evidence and will travel to you. Please bring outside intervention tp New Hanover County or demeaning,, misogynist and painfully out of touch elected officials have become so confident that they exist above the law that outside intervention and holding 4 any official acting under color of law or abusing their office for personal agendas is very necessary. I am keenly aware that in the absence of intervention it is possible, if not likely, that its only'a matter of time before someone gets seriously wounded or murdered. .. t There are serious concerns I have, Including: • The judge, who under color of law granted a protective order to the perpetrator of all violence and threats during our relationship, Is best Mends with the "ringleader" on the Board of Commissioners who was working the phones to pressure me to resign using the outcome of the hearing as the "last nail in the coffin." The same judge has His to one of my biggest political adversaries, they are ' = best friends and in five minutes I identified tens of thousands of dollars in flnanclal transactions between the judge and this local powerbroker typically on the other side of issues. • The judge's conflicts of interest and failure to disclose them violates 4 out of 5 Canons of the Code of Conduct for United States r Judges. • The judge cited information not discussed in the hearing but misreported in certain media. Financially, and socially and politically,the Judge, Sandra Ray Criner, has numerous conflicts of Interest, directly and undeniably the.lead "political insider's club" that has engaged in unethical and possibly illegal acttvNtes as my principal political adversaries for years, and intentionally hiding a these conflicts illustrates a deliberate attempt to game the system and avoid recusai so Ms. Criner would be in a position to execute her role in a scheme to force my ouster from public office. Did the judge have any conversations with her best friends, the 4 Commissioner trying to force me out and the local powerbroker, who Is also the campaign manager for the judge and several other Commissioners and local officials, including the Mayor. i Was Ms. Brown attempting to use Heather as a shield, to keep me j } away, like it appears? Why would Heather be there several hours A T FIED O E TRUE COPY Clerk New anover unty Commissioners I E s , • i after closing, later than she had worked all but one or two days In the previous 2.5 years? • Why was I falsely arrested for violating no "order" in my Possession? • Why Is the court allowing such extensive e u not a few or even handful of dishonest statements, but 40 or m�ore? • The only victim of violence was me, and I chose not to press charges in each of those instances. Is this really not relevant in a hearing about potential threats? • My rights continue to be violated, including my firearm, which was taken from me, very publicly, telling anyone and everyone that I am disarmed and a sitting duck in my own home (in the unlikely event someone does something crazy, which we've seen in Arizona and elsewhere). Is this common practice, the norm, in r N.C. to grant TROs and Protective Orders to the first erson requests one regardless of facts and evidence? p who • Will action finally be taken to hold accountable those who violate my and any other citizen's Constitutional and civil rights under color of law? • Corruption in the form of Illegal hiring g practices and theft of taxpayer funds for Executive Director Brown and her favorite staff members, and gross disservice to the disadvantaged children, e public trust, use of limited resources, safety of children enrolled in program, and collusion with the Board of Directors to mislead elected officials and cover-up criminal activities. • False•imprisonment • Malicious Prosecution • Cruel and Unusual Punishment • Denial of Due Process and Constitutional rights • Staff misconduct encouraged b � 9 y Cynthia Brown, and no accountability for unethical and dangerous behaviors by staff Death threats, retaliation and intimidation • Slander, Ubel and defamation to such an extreme that the damage Is very likely irreparable. • Excessive punitive fines and cruelties without due process or any i protections based on Constitutional, civil and basic human rights. k The above list is only a summary of criminal or unethical misconduct, violations of an elected official's right to intimidate and cause Immeasurable harm to a public servant committed to honest, trans arent and free government. p All of these Incidents u ents have ruined me financially due to legal fees. I'm now rendered unable to protect my rights, do m a r y public duty r t� t rr, BE FIE TRUE COPY Clerk w ew anover ounty Commissioners I � I 6 I ' I f i f t i security and the security and safety of my family in my,own home, my reputation Is ruined along with my career and finances, and relationships j with my family and friends are beyond complete repair in some cases. The County under the other four Commissioners can break any law affecting my ability to represent the taxpayers of New Hanover County- well aware that they can break the law without consequence. I have broken no laws. I fear my punishment will always be present, holding me back, preventing me from reaching my potential. I have no interest in civil i litigation or legal windfalls, I am interested In being able to represent the people and reduce corruption, waste and fraud without being arrested, humiliated to the extent few among us are able to endure, and simply being able to represent the citizens of New Hanover County without massive legal fees I can no longer endure. The Board of Commissioners, County Attorney and County Manager, among others, are fully aware they can do as they please, without legal challenge assuring certain victory. Even If surprised by a challenge the insignificant penalties, and Individual immunity, of deliberately breaking certain laws has penalties so g minor as to render them an Inducement rather than deterrent to breaking R the laws. Already, the four ruling Commissioners have used their numbers to g remove me from-every Board I serve on Including the use of overwhelming force and threats to violate, rather than uphold and enforce,the General Statutes of North Carolina. Without explanation, without any justification remotely connected to the language, spirit and enforcement of the law, the former Chairman and current Vice Chairman i of the Board of Commissioners, communicated that he would illegally and with violence(If necessary) disregard the laws of N.C., aided by the Sheriff, County Attorney and to a lesser extent, the County Manager and three like-minded Commissioners. i The initiation of violence, threats, including threats to repeat actions already used to intimidate and cause indescribable damage such as false imprisonment, malicious prosecution and civil rights violations that were fresh in my mind, and so devastating that a palpable fear and significant emotional damage were fresh in my mind and to nyfing-that those authorities and officials entrusted to protect and serve and defend the Constitution and rights of all citizens were In fact comfortable and remorseless in abusing power and authority to deprive dissenting or perceived threatening individuals of their civil rights, causing fear, z intimidation and exacting punishment to presumably silence-through fear and emotional distress, and physical discomfort, any potential Opposition. i i UNean D tE A TRUE COPY I , Clerk over ounty Commissioners ' 1 A h i • i ' The Initial violation of my Constitutional rights by these authorities, disregarding the oath many or all of these officials swore to protect and z defend the Constituion of the United States and North Carolina, was quite r effective as a form of intimidation and retaliation. I have no Interest in i Pursuing any civil action, but at the risk of appearing experience I suffered in June 2011 devastated man weak and timid, the and trust in law enforcement, local Y o f my core beliefs Southeastern NC that is far beyond violating the ethical guidelines s i Code of Conduct for United States Judges; p es, corru tion is so n the the norm rather than a rare exception. pervasive it is z Replacing me with staff instructed to act as surrogates for the Commissioners who are deeply associated'polfflcally, socially and financially with the areas leading lobbyist and powerbroker, Louise McColl, effectively eliminates the only independent, conflict-free County elected official. McColl specializes in placing those beholden or friendly to her agenda,-defined by pushing by any means necessary massive public spending projects and various endeavors profitable to McColl and her agents in elected or appointed office who do the leg work to secure approval of her desired civic projects. Documentation of a small sample of these ventures at taxpayer expense is Included at the end of this document. Commissioners Barfield, Thompson, and but not exclusively,financially from serving at the Powerful all profited, typically Irreputable lobbyist. The$60 million Convention Centrec ntly many claim completed, billion dollar Cape Fear Skyway proposed baseball stadium have provid business(see appendix), and Commissioner Catlin, a key figure in the convention center and baseball stadium projects, Commissioner Thompson, Incredible expense and waste that best defin s the biilllion dollar ride scheme, and Thompson is one of the politicians and authorities "handled" by Louise McColl and it is on her shoulders that Thompson has relied upon to stay in office and win elections. The sheriff, Mayor of Wilmington, another.bridge profiteer, and other elected officials are part of the McColl camp, Its reasonable to speculate that membership in this elite club does not come without a price. The Sheriff who quite possibly faked an Investigation into criminal misconduct targeting me in yet another New Hanover County first, who Participated in my false imprisonment and cruel and unusual punishment IL In June 2011, and who had me arrested the day before Thanksgivin a In egregious manipulation of the law, a law which lacked applicability for n a reasons i'll address here in this document, and who set o JRT miliat d E TRUE COPY � Clerk e New anover County Commissioners Intimidate and retaliate against me on several occasions, Is also a disciple and member of McColl's team of profiteers and corrupt abusers of power. Its not surprising that he would send more than a handful of deputies to violate the law, not the first time, yes, violate not enforce the law, by threatening through the use of tenor, fear of harm,false Imprisonment and Invented charges of criminal activity that follows the victim for a ffetime; scars just as long, destroys reputations, businesses, careers, credibility, political effectiveness (extremely beneficial to McColl and her ethically. challenged team of law-breakers and rights takers, acting under the color of law). Any hope that the judiciary would correct violations of the law, restore civil rights, hold the real criminals accountable, quickly fades since the Judge, Sandra Ray CrIner, Is best friends with McColl, with extensive financial connections, and CrIner's disrespect for the bench and egregious vl o* laffon of 4 out of 5 canons that are the ethical guidelines for judges In the U.S., adds'to the tenor and Injustice In the criminal and civil Justice system In the region. County Attorney Wanda Copley Is, equal pads, extremely close hiends with CrIner and McColl, and her actions only make sense when viewed with that understanding. Commissioner Rick Catlin Is also a close personal hiend of CrIner, and a co-conspirator In the campaign to force me to resign by using the power of the judiciary and law enforcement to grossly abuse the powers entrusted to these Individuals who work In tandem, constituting a conspiracy Iffegardless of whether the parties discussed and planned their actions together or acted In unison with the goal of forcing me from the public office I was elected to serve In before voluntarily returning the office to the people. The historic path chosen by these Individuals under MCColl but acting on thelrJown without regard for the oath they swore Is such a dangerous course and foolhardy precedent that compels me to seek your help, discreetly, at the risk of any consequences that are a part of the patlem of behavior discussed at length In this document, and likewise at the risk of unknown harm or real or threatened loss of life. R FE E A TRUE Copy Clerk w * 0 Ou ty C 'Ne an v�ern Ommissioners NEW ELANOVER COUNTY BOARD OF COMMSSIONERS REQUEST FOR BOARD ACTION MEETING DATE: Od0ber 1,,2012 RWULAR ITEM: DEPARTWM. PRL%NTKR(S): New Hanover county Schools Representative CONTACM):Commissioner Berger SUBJECT, Upbte`on New Hanover co"u"y Schools'App"Icatio"to Serve as Dkw"Dg Agency for the H Program ead 13EMSUMMARY: "Update on NHCS 8PPlication to serve as directing agency for the Head Start Program-Please reguest in a formal letter to the Superintendent that an update On timelines, and a copy (confidential pub]c disartion)of the Application submitted be prov, or i at his hand to address any questions from the Board." ded, and Dr Markley or his chosen representative be on New Hanover Board of education successfully subnatted the Head Start Grant to the Federa] Government last month.As of September 21,2012 they had not heard if they have been awarded the Grant A COPY of the aPPlicati0n is available for review in the Commismoners,office. STRATEGIC PLAN AUGNWfENT- Productive Strategic Partnerships Collaborate on service delivery and implement opporturuties to reduce duphca on of services RECOMMMED M077ON AM MQUESM AC77ONS: COUNTY MANAGER'S COMMENTS AM RE"MMEMATFONS:(o*Manapx) R BE TRUE COPY C r� lerk *NaMnove ounty 60mmjssioners Board of Commissioners meeting 10/01)2012 11-0 s • r 4 3 ' + GOUNTy,� NEW COUNTY p ohs BOAM O�MMISm6M6is r i 'VOtM`�.MMyr C�� Jr •r,1_M1►NGTON.NC 2840 175 �n R.Thm"m s (91 O)79&714.9 9 Z �? (91 O)79&7145 FAX .� RWWd Q CAM --- ' RESOLMON OF THE Em b } BO W ftNOM COiiNTy Book_VPag$ 1 . - ,1 BOARD OF CO11 MSSIONERS ` evWHEREAen ts on S,the Ne �,County Board of Co �nO ;and mmissto attend aD aad New Naaover County and e,,u 0n be1Pfff � travel, won and lodging s for attending Canty Jonas;and WMMEAS, if a County Co �a travel, or 1 Mend, faits m attend �u7s to end,m as scheme or taxpayea'finds;and °�i�rvabioa in a ti®Gty ,� �C, B this Resolution shall aPPlY-to anyCDu fiords at the time of the adoption of this Resolution;and Commissioner who has fOlfeited Paid basis,and the Board of Caammission�May vote to excuse� . m4uttement on a mse�by-case a O00missioner may travel at his/her pe15onat NOW THEREFORE, BE iT RESOLVED fat a ` fails to attu;ad � Coin•-Comunim ed, a a 'manner so that or event without wLo farts in , or Withm travel at the CO3'does not forfeit �noelIing d1e boa Y have Commissioner's behatfhavebeen�f'ds pr"oUpY florfei'ted ma not additional to the County by that Commis�u•'onM.CO�3' on > 9 v this the 18*day Of June 12.20 New Hangver County ; z o r T Davis,Jr., 3 Sheila L.Schutt, Cleric to the Board New Hanover County is committed to Progressive public pol/ry,superior service,courteous co of authority,and sound fiscal monogement to meet the needs and concerns o our WD A T U E IO PY rdtkens t Clerk, Adapted 612o1201y i t OfY1t1115SI0r18rS `t i I Y NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 1,2012 4 - i P REGULAR 'i ITEM: 9 DEPARTMENT: Human Resources PRESENTER(S): Gloria Garton,Executive Director,dsAbility I Resource Center k CONTACT(S):Dennis llmat,Human Resources Director 4 i SUBJECT: s i Consideration of Disability Awareness and Employment Month Prodamation € BRIEF SUMMARY- Gloria Garton is the Executive Director for the disAbility Resource Center.She has submitted a proclamation to recognize October 2012 as Disability Awareness and Employment Month in New Hanover County. STRATEGIC PLAN ALIGNMENT: s Superior Public Health,Safety and Education • Keep the public informed on important information i RECOMME 9)ED MOTION AND REQUESTED ACTIONS: 9 Adopt the proclamation. ATTAR k Disablity Awareness and Employment Month i - COUNTY MANAGER'S COboff,NTS AND RECObOMMATIONS:(only himnu) h Recommend approval. k `s t 1 1 t ER IFIE BE TRUE COPY , Clerk Board of Commissioners Meeting ew anover ounty Commissioners 10/01/2012 9-0 documented probation violation and personal-Ott-.request Page ] of 3 j I documented probation violation and personal meeting Tressa Angermeler[tressa.angenneier@aol.00m] Vest ' Wed�Y, 12,2012 6:59 AM To: s �vlob&. Behr;ice,Ted Aitachma�:a pdf(11,96) { Good Morning Mr. Thomspon- 1 am requesting a personal meeting to cover all it r legal actions of the district attorneys office. 1 have s Probation violation of the abuser, Dr. Thomas S. Bumbalo, attached the i . The domestic assistant attorney is more focused outcomes that he had no violations. The DAs' office soaccoountablle fou nd �oand end taking Documented justice and accountability are being overlooked by the office when g and edf him curt with � 9 Probation. s Regards, y laws. Tressa Bumbalo Angermeier --Original Message- ; From:Tressa Angermeier<tressa.angermeierQaol.00m> To:Thompson, Jason<JThom Pson(tnhcgov.com> Sent:Thu, Sep 6,2012 12:35 pm Subject The felony was plead guilty to lets connect by phone f i The felony was pleas guilty to. Call me 9106173278 On Sep 6,2012,at 3:05 PM, "Thompson,Jason"<JThom son nh M�v_rr►rn>wrote: I.donl see where this has anything to do with the commissio The email is hard to fbIlow/understand. If a felony is alleged that is for the DA's office. The elected Sherritf s an Complaints about his of�roe. Im not sure what claims you have against the hospital hould handle Y P like civil court. Your attorneys should know who to contact. � but it sounds Sent from Jason's iPhone On Sep 6,2012, at 2:07 PM, "Tressa Angermeier'<tressa.angermeier col com> wrote: Dear County commissioners- I was advised by the North Carolina Office of Yctims governing board.Thank you Aida. Services to cones Your g I have notified multiple law enforcement agencies in regard to the following illegal acts. Please advise which commissioner-my attorneys should work with following demanded investigations. in regard to the 'a i I am personally sponsoring a nationally renowned strangulation expert training on September 11th at our county building.The local media coverage and comments document the sever need for training in our community. 1 have attached an invitation. -('am sure you are all aware, I am the second wife who is a strangulation survivor of a 1 physician employeed by New Hanover hospital.Tom was initally involuntarily committed which the ER physican documented all my injuries. No mandated felony phone call to the authories, only the medical board. The state victim does not, which is a law.) Prosecutes felonies:the I have networked with multiple nationally supported organizations. I have atta TI I E A TRUE COPY photo of my art donation with Gael Straek who founded the Family Justice Ce , Clerk ' Hanover ounty ommissioner https://mail.nhcgov.com/owa/?ae=Item&t=IPM.NOte&id=RgAAAAB12 TDd4 i Y QYQtmSxr... 9/13/?.Al') documented probatibn violation and personal meeting request Link: hftp://famjlyiusticecenter.com/. I also have coordinated efforts with the Centers of Justice. I have developed a lipstick that all donations will proceed the Centers of Justice. The group will be featured on America's Most wanW*this season.The I(pst1& and donations for the organization will be featured on the show. I am coordinating efforts for a book that wJJI be published in the next year with the nationally recognized organizations. I have years of professional successes as a Director of National Accounts in medical devices and travel extensively. I have demanded multiple investigations in the email below. I have doctimentertion for the illegal acts of our community low enforcement and healthcare. My attorneys Will be V the point of contact with my travel schedule.They are James Lea and Chris Anglin. Regards, Tresse Bumbalo Angerrneier 910-617-3278 --Original Message From: Tressa Angermaier<tressa.anQerrneier(ZD-ao1.corn> To: Benjamin.R.David<Beniamin.R.David(&-nccourts.oro>; Samantha.Dooies <Samantha.Qooies0D-nccourts.orQ>; Rogdr.A.Simmonds, <Ro -ger.A.SimmondsO-)nceourts.orci>; Erin.E.Schober <Erin.E.Schober(&-nccourts.orq>; !an<ian(&-an-Qlinlawl`irm.corn>;chris <chrJs0-angilinlawfirrn.com>;chayes<chayes(&-nhcQ com>:wcrowningshield <wcrowningshield(&-nhggov.com>, mcmahom<mcrnahomdZD-nhcgov.com>; Charlotte.public<Qhar1otte.I2ub1ic0-icJbi.Qov>;ssaxton <ssaxtonowect.com>; catheAnelee<cathedneleeD-theiusticelea-gueohio.org> Cc:jwl<iw1(&-thelealawfirm.com>;cbp<cbl2(Q-theIealawfirm.com> Sent: Mon, Sep 3,2012 6:05 pm Subject: Demanded investigations-illegal actions of Geannie Boyette, iCarolina Beach police,Sherriff department and illegal actions of New Hanover hosital Demanded investigations: Geannine Boyetle was noticed by FBI agent Richard Novell!that her client Thomas S. Bumbalos personal computer was subpoenaed by Wilmington courts. The investigation verified 2 photos of child pomographyof girls under 12. Geannie Boye#e,-requested a meeting and met with Lillian Bright during this time. Thomas S. Bumbalos- attorney was aware that he wai s diagnosed as a sex and drug addict by North Carolina Physician Health program physician Dr.Warren Pendergast.The medical boards mandated therapy of Talbot recovery in Atlanta was attended and not completed by her client. Family violence assistant district attorney requested a meeting with me following her meeting With Boyette.The information shared with me about the meeting was based on Geannie Boyette operating out of her scope as an attorney with slanderous and false accusations. I noticed the Wilmington Domestic Violence unit,Assistant District attorney Lillian Bright and Detective Larry Edgerton that a New Hanover Sheriff deputy was videoed'and recorded entering my current residence, of 9114 River RD Wilmington NC 28412. 1 have 9 revo security cameras that are streamed to the intemet.The date is when the Mmington FBI office was noticed there was a second hard drive at the residence. The Patrol car video and timing of the sherriff activating the ADT alarm's also document unauthorized entrance. Demanded InvaWaaltion one Demanded investigation of the illegal actions attorney Geann I T BE TRUE COPY by days end 9-7-12. - -- ..I Clerk New d4(Z�yr�iiover Gotin1tv tommissioners� https://mail.nhegov.com/owa/?ae=lt.em&t--IPM.Note&id=RgAAAABI2yTD Qr'115)ff--- 9/11M012 4 documented probation violation and personal meertnwg regUOSL ti Demanded InvesUndon two Demanded investigation of Carolina Beach Police. No written 4 report when Thomas S. Bumbalo was detained at gun point when the 911 call book place.Demanded investigation by days end 9-7-12. Demanded ImadkWan three Demanded investigation of New Hanover hospital. Documented interference before Grande jury indictment stating there was no video of me being at the New Hanover hospital.Video recording of detective Larry Edgerton's initial interrogation of Thomas S. Bumbalo documents his hands around my neck 3 times in the call room at the t hospital.Court documented Involuntary commitment verify rry presence and injuries at the hospital. Security of the hospital stated to the district attorneys offic e there was no video verification. National hospital mandates 24 hour security patrol and I recordings stored. Demanded investigation by days end 9-7-12. t The two year probationary period of Thomas S. Bumbalo plea deal for R assault has NO reporting or safe guard in place. Patti Kucan verified i Thomas S. Bumbalo has no reporting in place which is mandated on his plea. Drug paraphernalia charges dropped for a diagngsed sex and drug addict?Attached is Talbott recovery that was mandated for sex and drug addict Thomas S. Bumbalo by the medical board. i The Anglin law firm will be the point of contact for all above demanded E investigations. Regards, Tressa Bumbalo Angemieier j 9 Total Control Panel Lo in To:bberaer(aD-nhcgov.com Message Scone:43 High(80):Pass From:tressa.anoermeier0mol.com My Spam Blocking Level:High Medium(76):Pass a z Low(90):Pass i Block this sender Block aol.com t z This message was deliuet+ed because the content flterseore did not exceed yourblterievel. i t 4 3 t 3 a " kNew T E TRUE COPY Clerk Hanover Un ommissioners https://mail.nhcgov.com/owa/?ae=Item&t--IPM.Note&id=RgAAAAB 12yTDd4QyQrm5xr... 9/13/2012 i 4 jS • ' u I_ Walter B Fula Jr. Mayor Town o fLeland Brenda Bozeman Mayor Pro Tern Herbert E ears 102 Town Hall Drive ' § I CoUnalman Leland, North Carolina 2845, _ s Pat Batteman ti 0oiaioi1in Telephone (910) 371-0148 Mmhji Councihnc mb e Fax (910) 371-1073 William un B.Farris. Town mel &r t:arol Mn Ftoyd,MMC t Town Clerk July 29,2011 i Mr.Calvin L.Scovel,III Inspector General R US Department of Transportation 1200 New Jersey Avenue,S£ Washington,D.C. 20590 a Re: Federal Oversight of Metropolitan Planning Organizations Dear General Scovel: The Town of Leland,in North Brunswick County NC,is a member of the Wilmington Organization and Transportation Advisory Committee Metropolitan planning Period from 2004 to 2008 an in (WI►'�O/TAC) Due to unprecedented between our region ands in road projects has been necessitated to• growth in the the W�ImingtOwNew Hanover County area. Prove the flow of traffic E • r As a representative of the WMpo/TAC,I have tried repeatedly i members of this committee the discrepancies nin 'With much fivsttation,to ra11 attention to the eed to s in dais,platming,Mapping,and more efficient use of fiords,and the need to maintain financial Piohtiration,ways to accomplish in its Bylaws which states the meetings will be conducted in accord OfProject delrv�• ��a Chairman continually disregards i m es provision opposition to the few whose ; sence discriminating t ,the MPO agenda has been set.The FAWA re y r'eP�►tative who steles an opinion in when questioned ifthere is a lN�tative m the WMPO has not been re Process for accountability or for fling a grlevance.The Town of Leland, captive � representative,have been met with roadblocks,no cooperation d,and l as its control the process to the benefit of the 1 ,no collaboration,heavy,handed in general,does not fulfill the mission oftb�areas namely New Hanover designed to struauro: County and Wilmington,and '7he Secretary shall establish an oversight program to monitar the effective and authorized to carry out this title."... 'At a minimum, the program shall be respo 1 °f•Jmds to financial integrity and project delivery" a$relating In addition,there have been instances of blatant conflicts of interest and ethics violations property owned by members of the WMPO/TAC who _ involving personal projects. For example,in one case,a$21 million prof s�tetnto widen benefit ot: y Leland's lY from decisions involving road confirms is not needed,will reward one such member with approximately o d million Le in the sale oftio land c the NCDOT. As Mayor of Leland,my council and I submitted a unanimously approved Resolution sale o his l which data project be downsized,resulting in several million dollars in savin asking Committee concurred. Nonetheless,a majority vote of the TAC denied this RresolOu s Technical Coordinating this New data-driven prioritization criteria(2.0)have been announced with much fanfare as a way to de- selection of road projects but, unfortunately,can still be overridden by despite the fact the above-referenced Leland project will not commence until 2015, if the so de-politicize the subject it to reprioritization in 2.0. One has to ask,then,what's the y choose. And, MPO/TAC point? RIFE t�E TRUE CC.�'f , Clerk w hover County CoMmissioners E I I i i s i i i 2 Because the WMPO does not meet the threshold in population to require it to be included in a regularly scheduled certification review,I am at a loss to fwd a way to call to account for their actions the leaders of the MPO/fAC.The FHWA and FTA conduct MPO Certification Reviews. The IDOT and FHWA conduct ad ho;reviews based on issues that emerge.FHWA is ultimately accountable for ensuring the Federal-aid Highway Program is delivered consistent with the established requirements to reduce waste,abuse,or mismanagement in U.S.Department of Transportation(DOT)programs or operations. P 9 y I SAFETEA-LU also requires DOT to certify the metropolitan planning process of the 155 TMAs every 4 years.To conduct a certification review,FTA and FHWA assemble a team which typically consists of FTA and FHWA field staff,but may also include FHWA or FTA headquarters community planners,EPA officials,other subject matter experts,or experts from DOT's Volpe National Transpdttation Systems Center.FHWA division office personnel generally take the lead in these reviews,which typically take 6 to 9 months and include(1)an initial desk review,which includes verifying compliance with basic regulatory requirements,among other things;(2)an evaluation of the MPO's written response to a series of questions;(3)a 2 to 4 day site visit during which the team gathers additional information;and(4)a meeting to inform the public about planning requirements and provide an opportunity for the public to express concerns about how the process is meeting the needs of the area.After the site visit,the team prepares a final report including review findings and recommendations,which incorporates public comments on the planning process. a In conclusion,I'd like to offer the following: z I. In a smaller MPO that does not meet the population threshold for a 4 year review,there needs to be a change requiring implementation of a review no matter what the size of the MPO. 2. A procedure for filing a grievance and conducting an investigation when the appearance of misconduct on the part of MPO leadership is found. 3. Prohibit from serving on an MPO board anyone who is employed in real estate sales or development- and require any member whose property ownership could be benelytted by approval of projects to be mandated by law to be excluded from deliberations affecting said property. 4. The membership of an MPO must be made nonpartisan. When the majority party in power can set the transportation priorities over the wishes of the minority members,especially when decisions have an overwhelming impact both economically and aesthetically on smaller jurisdictions,the process becomes tainted. 5. Financial accountability needs to be emphasized and strengthened. Please advise what further steps need to be taken to initiate a legislative and agency review process to refine the mission of Metropolitan Planning Organizations. 1 am prepared to provide specific details as needed. x Sincerely, ` Walter B.Futch,Jr. Mayor 1 r } VR 4DE TRUE COPY Clerk n ommissioners i i f i • S � S k } Those whose actions on the WMPO/TAC are questionable are: a Chairman Jonathan Barfield(New Hanover County Commission Chairman) f I. Selectively following rules of Parliamentary Procedure Article , Number , of.tbe WMPO Bylaws May 18,2011 Roberts Ruler of Order contrary to I i 2. Selectively allowing some members more latitude In meeting decorum(speaking being recognized;speaking for more than 3 minutes)while chastising peaking without and verbally beTrttiing others. April 20, 2011;May 18, 2011 g 3. Rescheduling a regular meeting and establishing it as a'S F is the same,there are no provisions for en for a Special penal Meeting"when the agenda doing so because of knowledge that there would be so aabsseences from heeeg I and by those whom he knew would vote in o regular meeting of the Town of Leland relative to(a)Project �1On to Resolutions PrOPOsed and(b)amending the new Prioritization Process to include 9 1mington B the Mayor Vass). have not yet been expended(e.g. P ) 9 y Projects for which funds ( 9 roject 4601 .A quorum would have been achieved despite the absences at the regularly scheduled meeting. May 13,2011, 4. Stating Opposition to a Resolution'by land to downsize NCDOT the Council of the Town of Le Project 4601 at the meeting held on March 2011 while stating at his own Commissioners' F Meeting on March 2011 upon chastising the NCDOT for providing erroneous traffic counts for project (Hampstead Bypass)that had he known about errors with data 'they probably would not have voted down the Resolution. 5. Conspiring to select a preservation corridor through the Town of Leland for the ro Cape Fear Skyway without consulting with the Mayor of the T p Posed own of Leland.Sept, ,'2009 6. Denying the Mayor of Leland his First Amendment right of free speech and callin for police presence as a form of intimidation when the Mayor simply caged for a Po in of Order with regard to propriety of the Special Meeting circumstances. May 18,201 i i Member, Bill Sue (Brunswick County Chairman of the Board of Commissioners) 7. Owner of property currently involved in NCDOT Project 4601 who has influenced the prioritization ranking of the project from number 16 to number 3. He personally wg ill ain 4 approximately$2 million dollars from the condemnation of his ro e A close business associate of his, Leland resident Ezra Dale, will also benefit om condemnation of his properties in the project corridor. Ongoing from 2009 to May 18, 2011, 4L8_ Conspiring in an unpublicized meeting to select a preservation of a northem corridor for the proposed Cape Fear Skyway through the Town of Leland without consulting Mayor of the Town of Leland. Sept. 2009, with the } R FIE E TRUE COPY Clerk le w anover un ommissioners i , 3 S Former members whose actions are questionable but have left the WMPO within the last year { Bill Saffo,Mayor,City of Wilmington, j i 1. Owner of property currently located within the selected northern corridor for the Cape Fear Skyway._,2010. _ • i 2. Conspiring in an unpublicized meeting in September 2009 to select a preservation of a i ! northern corridor through the Town of Leland for the proposed Cape Fear Skyway without i consulting with the Mayor of the Town of Leland. Sept. ,2009 9 Mr. Saffo resigned from the WMPO when his ownership of this property was called into question by the Mayor of Leland as the appearance of an ethics violation. Star News_2010 E Jason Thompson, Member New Hanover County Commissioners. 1 1. Owner of a business currently directly adjacent to the proposed path of the Cape Fear Skyway on the northeast side of the Cape Fear River._Star News article 2010. 2. Conspiring in an unpublicized meeting to select a preservation of a northern corridor through the Town of Leland for the proposed Cape Fear Skyway without consulting with the Mayor of the Town of Leland. Sept 2009 F _ I Potential witnesses: Walter Futch, Jr.,Mayor,Town of Leland; Patricia Batleman, Member, Leland Town Council, Jack Batson,Mayor,Town of Belville;Dean Lambeth, Mayor, Kure Beach;Xxxxx,Mayor,Carolina Beach. Jill Stark, FHWA representative to the WMPOITAC. Supporting documentation can be furnished by Mr. Futch, Ms. Batleman, Mr. Mike Kozlozsky, Executive Director of the WMPOITAC,the Minutes of the meetings of the WMPO/TAC,newspaper articles from the State Port Pilot,government TV Channel video of New Hanover County Commissioners, Meeting held on March ,2011. CW i 7 a 3 Uewanover D B A UE COPY leek oun ommissioner i Page STATE OF NORTH CAROLINA ORIGINAL COUNTY OF NEW HANOVER Aurella Ruffin Associates NEW HANOVER COUNTY BOARD OF COMMISSIONERS NON-AGENDA ITEMS TRANSCRIBED BY: AURELIA RUFFIN & ASSOCIATES, INC. 215 South Water Street, Unit 104 Post Office Box 2025 Wilmington, North Carolina 28402-2025 pbruffiniii@att .net www.peterruffin. com TELEPHONE: 910 343-1035 DATE: April 8 , 2013 LOCATION: Wilmington, N rt Carolina RIf TJIBE AjRUE COPY 9rF I0 Clerk NHC Board of Commissioners Page 29 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 4 10 Hanover Regional Medical Center and that somehow got 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 -- R 16 was really a domestic violence incident that escalated 17 to the point of attempted murder and -- n 18 CHAIRMAN: Will you yield to a question, 19 Commissioner Berger? 20 MR. 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. Clerk NEC Board of Commissioners New Hanover County Commissioners ' I Page 30 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 MR. BERGER: Well, I -- apparently there ' s t 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 23 ambush. It ' s a public forum and I think it ' s i i R IFIE O E A TR A NHC Board of Commissioners nover oun ommissioners t' Page 31 1 appropriate for you and I and Commissioner Dawson and f 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. 11 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 NHC Board of Commissioners , Clerk eW N Hanover ounty Commissioners Page 32 1 detail that were in plain clothes . And I shared that 4 2 information with County staff because it worried me . I i { 3 shared it with members of the press who followed up and i 4 in fact verified with the Highway Patrol that those a j 5 actions occurred. i 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 9 sort and some odd behavior took place . No one has ever 10 used the word assassinate except you today. i i it MR. BERGER: That ' s absolutely physically 12 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 with 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 - - 22 CHAIRMAN: Yes or no? 23 MR, COUDRIET: We did not have a meeting. No, Ei 3 C M Y Clerk NHC Board of Commissioners a^over County Commissioners a f j `s i Page 37 1 STATE OF NORTH CAROLINA ) � 2 COUNTY OF NEW HANOVER ) 3 CERTIFICATION I 4 I, PETER B. RUFFIN, III, Notary Public, Court 5 Reporter and President of AURELIA RUFFIN & ASSOCIATES, 6 INC. , do hereby certify that the foregoing transcript 7 constitutes a true and correct transcript to the best of 8 our ability of the electronic sound recording provided 9 of the proceedings taken on the date previously stated 10 in the above matter. 11 FURTHER, that we are not related to any of 12 Counsel; we are not employed by any of Counsel or 4 13 parties to this action, save and except for the explicit 14 purpose of transcribing same; and that we, in no way, 15 are interested in the outcome of said litigation. 16 This the 15th day of April, 2013 . 17 18 19 20 Notary Public, #19971470080 21 22 23 TI IE TO BE A TRUE COPY j Clerk I I NHC Board of Commissioners i I e i, I *-'-,,New Hanover County New Hanover County Issued: 11/01/01 ORTH CA R061NA Information Technology www cwrwluiigvirnGUc Department Policy Number: 02-01 Subject: NEW HANOVER COUNTY ELECTRONIC MAIL POLICY G C, 15 Purpose and Scope The purpose of this policy is to establish acceptable use guidelines for those who use the county-owned email system. This policy applies to all users of the system and each person that signs on to that system agree to abide by this policy. Failure to abide by this policy can result in the county denying its use to offending staff member. Change Summary 11/01/01 Original Policy 11/25/02 Revised to incorporate Confidential Email guidelines 7/7/09 Updated for Exchange Email System I Policy € 7 Electronic mail (email) is the preferred method for distributing written communications at New Hanover *ounty. To assist staff members with the distribution of written communications, the county has installed an email system (Microsoft Exchange) that has become essential to county operation. The Exchange system and its contents are County property and are intended to be used for official County business. Incidental personal use of this system may occur, but such usage must not interfere with County business activities. All messages sent or received via email are County property and do not belong to either the sender or receiver. Consequently, all Email created on the County email system (except Confidential or Secure) are subject to Public Access statutes and may be released to the public. It is against County policy to use email for any unlawful activity. Controlling Authority The county email system operates under several controlling guidelines of which the user must be mindful. These guidelines specify the several responsibilities that an email user must meet and they apply to all users of this system. They are listed below for each user's review and compliance. • All New Hanover County Policies and Procedures • GS 132 - North Carolina Public Records Statute • GS 121 - North Carolina Records Retention Statute • Guidelines from the North Carolina Department of Archives and History Copies of all North Carolina guidelines mentioned above are currently located on the State of North Carolina web site. Each user should familiarize themselves with the contents of these documents and nage their email in accordance with the requirements contained therein. i The Copyright Act, the Patent Act or the Uniform Trade Secrets t may also protect some email � content. Make sure that your use of the email system does not violate h .T SE TRUE COPY Clerk New Hanover ounty Commissione Information Technology Department Electronic Mail Policy 4 9 h i Confidential Email I The ability to send Confidential Email is a feature of the Microsoft Exchange Email system that enables a user to identify an Email as Confidential so that both the sender and the receiver will be aware of its designation and handle it� g appropriately. Confidential Email is not Secure Email! This means that anyone who receives a Confidential Email can read it even if they are not the intended receiver. The only way that the Email system treats Confidential Email any differently from open Email, is that Confidential Email is stored separately and is not automatically released under Public Access statutes. When Confidential Email is being created, sent, and received, it is the responsibility of both the sender and the receiver to handle the Email properly, just as they would for a confidential paper memo. To review the categories of confidential information authorized under the Public Access Statutes, email users may refer to the Summary of Categories of Confidential Information that has been prepared by the County Attorney. a S Acceptable Use Guidelines When the County grants an employee an Email account, that employee is responsible for and agrees to adhere to the contents of this Policy. Some usage guidelines follow: 4 3 Messages must not be threatening, insulting, obscene, abusive or derogatory. • Messages must not include remarks that are defamatory toward any person, or constitute sexual I harassment. • Ask yourself: would I want a jury to read this email? Would it look good on the front page of the paper? • Don't write anything you don't want repeated. Email can be forwarded to hundreds of people, in and out of this organization. • Resolve sensitive problems face-to-face, not on email. • Personal Email messages must not involve sales or solicitation and must not be associated with any for-profit business activity. Some examples of inappropriate personal messages are: sale of personal items, locating homes for animals, religious or political causes and personal real estate needs. • Messages must not be used to "moonlight", search for jobs or advertise personal services. • Messages must not embarrass the addressee, New Hanover County, its officials or any third party. • Chain letters are illegal and must not be transmitted through Email. I INTERNET EMAIL IS NOT ALWAYS CONFIDENTIAL OR SECURE. Make sure you designate your email appropriately if you need these features. See the Confidential email FAQ for instructions on marking email as confidential. Be aware that incorrectly designating your email may be violating the Public Access statutes. t e County Email system requires extensive network capacity q p city to operate properly. Sending unnecessary Email, transmitting very large files and sending messages to a large number of recipients should be minimized since that action consumes excessive network resources that are needed for other County business. R IFI BE TRUE COPY Clerk anover oun nmmicQirm=- y Information Technology Department Electronic Mail Policy Monitoring of Email Messages I New Hanover County does not currently monitor the contents of email messages transmitted on its system but the County does reserve the right and intends to exercise that right to access and disclose contents of Email messages under certain situations such as but not limited to the following: • Providing copies of non-confidential E-Mail to the Public as specified under Public Access statutes. • Finding lost messages • Searching for and eliminating all viruses attached to or imbedded in incoming messages • Providing assistance in performing departmental duties when employees are out of the office or otherwise unavailable • Evaluating the effectiveness of electronic mail • Complying with an investigation into suspected illegal acts • Recovering from system failures or other emergencies Investigating suspected breaches of security or violation of County policies. 3 i ExchangeEveryone Email : g 1 You should be aware that email sent to "ExchangeEveryone" is received by approximately 1,500 system sers. This volume of mail messages generates a heavy workload on the computer systems that have o route and store them. Because of this fact, the IT Department has developed an alternative method for distributing these messages that requires less system resources. It is still imperative that everyone t adhere to the following suggestions when using the county email system. 3 • ExchangeEveryone email is reserved for infrequent usage. • Personal messages are not sent to ExchangeEveryone. I Large or graphically intensive messages are avoided. Retention of Email New Hanover County has implemented an email archiving procedure. This procedure will retain copies of all incoming and outgoing email messages in that archive. The archive will be placed in permanent storage on a weekly basis. Messages can be retrieved from this archive as outlined in the above paragraph entitled "Monitoring of Email Messages". Public requests for non-confidential email can also be fulfilled using this archive. Mailbox Size In order to conserve disk space on the networks, minimize administrative duties and preserve the integrity of our email systems, the county has established some operational guidelines that each user must follow. These guidelines specify the maximum size of each mailbox. As the user's mailbox fills and that maximum size, the user will receive warning messages to which they must react. If the user es not remove some of the obsolete messages from the mailbox, incoming messages will have no place to reside and will be lost. In order to prevent this outcome, each email user must manage their mailbox size. R IFIE T BE A TRUE COY Clerk ners Information Technology Department Electronic Mail Policy Summary Compliance with this policy is mandatory and failure to comply with its provisions may cause the user to lose the use of the system. Any violation(s) of this policy may result in disciplinary action as specified in the County's Personnel Manual. Email is a strategic business application designed to facilitate and improve communication between employees and other business associations. Please use sound judgment as you use the County's email systems. Change History: Version Date Author Comments A C orinin.1 r),,,, 11/1/01 BC ment B 11/25/02 DB Revised to incorporate Confidential Email Guidelines LCS C 7/6/09 LCS Revised to change from Notes to Exchange ARTkFIED(Z!� E ATRUE COPY ,- IL a\tL -a-K. Clerk -71-lanover Couhty Commissioners Nem Circhwell, Kym E)(- I b From: Thompson, Jason Sent: Monday, March 28, 2011 12:57 PM -0: Shell, Bruce Cc: Berger, Brian; Coudriet, Chris; O'Keefe, Chris; Ralston, Shawn; County Commissioners; Schult, Sheilz Subject: Re: Request for Information on Non-Attainment Issues This is ridiculous. Brian you are a commissioner not der fiffirer! Your e ail shows you do not d d a manager m un erstan commissioner form o,govt. You continue to spew rhetoric without proof Please send me the following once your questions are answered. 1. The list of secret meetings. 2. What info you requested but were denied. 3. What decisions were made and acted upon in said secret meetings. 4. The date and minutes of any board action directing you or any other commissioner to act on behalf of NHC. Since I am a reasonable guy I do not need this TODAY. You may provide it next week. Sent from Jason's Whone On Mar 28,2011, at 12:21 PM, "Shell, Bruce" < > wrote: Brian, I am meeting with staff to understand where we have not complied with your request and to determine next steps. I have tried numerous time to reach you. Please contact me at your earliest convenience. I offer a copy of this to the board for full disclosure of where we are at this moment. Bruce Bruce Shell County Manager New Hanover County 910-798-7184 From: Berger, Brian Sent: Monday, March 28, 2011 10:59 AM T�IEM TRUE COPY _ME Ale Clark To: Shell, Bruce; Coudriet, Chris; O'Keefe, Chris; Ralston, Shawn ;eSwb an�vw;r C'ou"M-tommissioners f Cc: wilmingtonlibertyaabhotmail.com ! Subject: RE: Request for Information on Non-Attainment Issues s Chris and Shawn, I j Where are the original documents and information I requested and have yet to receive from your department? i If I wanted filtered documents I'd have asked for filtered documents and information, I asked for a complete file of raw information, documents, meeting schedules and written summaries of previous meetings from the last six months and next six months. I do not want that information "cleansed""filtered"or"altered"and my patience is wearing thin. I don't appreciate the secrecy and games being played with this issue. t Shawn, Please PROVIDE THE RESPONSE TO MY REQUEST DIRECTLY TO ME TODAY WITH ALL THE RAW INFORMATION I REQUESTED. I did not ask for that information to be sent to a middleman to"filter"the 4 information for me and decide what I can and can't see, this is not acceptable. Shawn, I want all the documents I requested which you have not provided to me delivered to me AS I REQUESTED immediately. A full un-altered file as you provided to the County Manager(s) EXACTLY as CWprovided. I Bruce and Chris C, if you have directed Chris O'Keefe and Shawn to stonewall my request that is unacceptable. However, given the secretive meetings involving other commissioners and staff on the non- ; attainment issues, please add the dates of any meetings among staff and any commissioners present and a f briefing of who was at those meetings, the dates, decisions and proposals discussed, and an explanation for why 1 was left in the dark? 3 r I want added to Shawn's documents which should be delivered to me this morning in full without any revisions, a separate set of documentation from the County Manager including a list of all meetings involving internal staff, commissioners selected without discussion who were part of that process I have been kept in the dark about, and any documentation of substance not in Shawn's file for me—priovdided separately TODAY--this can be added to Shawn's file sent to County staff but not me(who made the request but apparently the only one to not receive s the information despite being the source of the request). Rick Catlin has alluded to secretive meetings where issues have been discussed and misinformation and I strategies were discussed. I want a full account of all such meetings. } 3 I expect to be invited to and involved in scheduling for any meeting (including internal)on non-attainment and related issues beginning TODAY!!!! b 1,:N FEE ' BE A TRUE COPY 6.1 , Clerk l 2 e anover County Commissioners j s . This stonewalling and secrecy and attempt to filter information is NOT ACCEPTABLE. 3 6 i Any information you can add that supplements the file Shawn has compiled send to me under separate cover. I expect to receive Shawn's raw information responding to my original request sent to me electronically THIS MORNING. BRUCE and Chris C., I expect any additional information provided separately without altering one word or removing a single document from shawn's file fulfilling my request.Any additions to meetings Rick C. has alluded to I expect from the County Manager today! Separate from Shawn's Shawn's fle with including meetings documents, correspondence and other info I requested. I want full information on these internal meetings and external meetings, and strategy discussions I was barred ' from any knowledge or notice about over the last six months. Who was there?What strategies were discussed? Date?Location? All memos, correspondence, strategy and position documents I Want this morning!!I!, , 9 I EXPECT TO BE INVOLVED IN EVERY MEETING FROM NOW ON THIS ISSUE,. 9 Y The way this is being handled is, I repeat, NOT ACCEPTABLE. Maybe this is how things were done in the past ! and some(Commissioners and unelected individuals in the community want to handle this)but it HAS TO CHANGE. I m I want the documents I requested today, directly from Shawn and Chris O'Keefe unedited and unchanged, in full compliance with my request. PLEASE TELL ME HOW YOU WILL FINALLY MEET MY REQUEST TODAY...ALL DOCUMENTS AND INFO SHOULD be provided electronically ASAP.Any information on meetings, documents, correspondence or additions to fulfill the spirit of my request which are in possession of Any County Manager(s), Legal staff, I expect to be provided as well today, Separate from the raw documents I want directly from County Planning, Bruce and Chris C, provide ALL ADDITIONS requested here or reasonable additions and documentation and correspondence not in Shawn's file fulfilling my request may be inserted into Shawn's file I asked for but you received while I have been kept in the dark, sent under separate cover or inserted into Shawn's file but how you provide these documents and written information SHOULD NOT DELAY THE FILES SHAWN WAS TO PROVIDE TO ME, DIRECTLY, THIS APPROACH IS NOT ACCEPTABLE. I want a list of every meeting involving County Manager(s)today, I want any correspondence not in Shawn's file today. I want a list of meetings involving County staff, commissioners, external regulatory agencies, community organizations, correspondence, memos, strategy suggestions, meeting summaries, sent to me today separate from Shawn's complete file of unaltered or filtered documents delivered to me today unfiltered. a I EXPECT TO BE FULLY SATISFIED IN MY REQUESTS TODAY, AND A FULL SCHEDULE OF ALL MEETINGS FROM THE COUNTY MANAGER TODAY!!!! I expect a complete list of past and future meetings on "non-attainment"today, and an invitation to attend every meeting scheduled from 9:00 am today until further notice. R IF E T B A TRUE COPY ew anover , Clerk a u ty Commissioners After MY REQUEST for written files, is fully satisfied today(after unnecessary and unacceptable delay tactics). A I 3 j F i I am absolutely appalled by the handling of this matter and I don't want phone calls, or"updates"...It's too late for e that after what has occurred so far,.After I receive complete fulfillment of my requests from the Planning Dept. and County Manager(s), in writing, complete today, then discussions can occur on moving forward in a practical l manner that ends the unacceptable handling of this issue to date. a � BRUCE AND CHRIS C, instead of"filtering"the information from Planning, please send me a full transcript of meetings on this issue the past six months,who was present, who said what, strategy and position statements, I correspondence, memos, and I want a schedule of internal and external meetings (every single meeting held s or scheduled)with extensive details. e The secrecy and "spinning games" demand that I formally request a seat at the table for EVERY SINGLE meeting and conversation on this issue effective immediately, beginning today. b 5 g t After my request is met today, in full, with separate responses from Shawn and Chris O'Keefe, and separate responses from the County Manager(s)to the request sent to Planning Dept. last week from the County today, as well,provided separately, in writing, with all electronic files sent electronically. e c r x I am appalled at the way this has been handled. Secrecy was unneccessary but clearly the approach of County staff, and Commissioners who were not "kept out of the loop" as I have been. I was elected by- the people and should not have to file FOIA requests or deal with this abuse of power by certain commissioners and/or staff. i When my r equest is sastified by both the County Manager(s) and Shawn,today, , then we can A talk about this issue,but not until my request is met, exactly as requested. 3 "Updates" are not an appropriate response to my request for original information,until I am satisfied my request has been met, all documents and meeting briefings are provided, TODAY!!!! EVERY MEETING ENSURE I AM PRESENT AND ACCOUNTED FOR FROM NOW ONH H m Every document and correspondence I want from both Planning and County Managers,provided separately...and I want staff to develop a document with a complete list of what actions are needed to ensure the way this non-attainment issue has been dealt with NEVER happens again on any issue!!!! i > 4Ha BE,P TRUE COPY k , Clerk 4 ew ver oun ty Commissioners I EXPECT MY REQUEST WILL BE FULFILLED TODAY, that from today forward I will have a seat at the table for every single meeting on this issue from now on, every document requested from the period I was kept out of the loon and who was involved,-decisions made suggestions position � recommendations, correspondence. s E p I expect the information from Planning provided in full...exactly as requested, including the file sent to County Manager's exactly as sent...And County Manager's to only add ANY additional materials which are not part of the file prepared by the Planning department. Those materials from County Management and Legal should be provided today, separately, in writing, original documents and only meetings scheduling from today forward, and a full account of meetings the past six months or documents not s provided to Shawn sent to me under separate cover. 3 j R 4 3 I This secrecy and approach ends today. I am fed up at being excluded and the misinformation and unauthorized activity on "non-attainment." E a Y Bruce and Chris C., I will send you the request sent to Chris O'Keefe and Shawn last week which I } await a response too...I expect it today directly from Shawn. Nothing changed. You may revise that file but not delay or alter that file. If you wish to make any changes that must be provided in addition to the "raw"information. I expect TODAY a response in writing with all the information requested from Planning from your office as well. 6 Before amending anything from Shawn and Chris O'Keefe's file in response to my request I WANT A LIST OF MEETINGS SCHEDULED,A SUMMARY OF PAST MEETINGS, STRATEGY DOCUMENTS<ANY SUBSTANTIVE CORRESPONDENCE TO ANY OTHER STAFF, COMMISSIONERS, EXTERNAL AGENCIES, OFFICIALS, COMMUNITY ORGANIZATIONS, A COMPLETE FILE ON NON-ATTAINMENT, TODAYM 3 2 THIS PROCESS IS ABUSIVE, INDICATIVE OF CORRUPTION,AND IT ENDS TODAY. WE CAN TALK ABOUT THIS AFTER MY REQUEST IS FULFILLED BY THE COUNTY MANAGER(S)- DO NOT EVEN BOTHER TO REVISE AND STALL THE REQUEST SENT TO SHAWN AND CHRIS O'KEEFE. SEND ME YOUR RESPONSE TO THE REQUEST I DIRECTED TO SHAWN LAST WEEK, ENSURING ANYTHING OMMITTED OR NOT INVOLVING THE PLANNING t DEPARTMENT IS SENT TO ME IN WRITING TODAY, ELECTRONICALLY OR AVAILABLE IN THE COMMISSIONER'S OFFICE BY 5:00 PM TONIGHT AS A HARD COPY. FIRST,AND FOREMOST, SEND A LIST OF FUTURE MEETINGS, WITH ALL DETAILS, THIS MORNING,AND A LIST OF ALL DETAILS ON MEETINGS THE PAST SIX MONTHS, AND ANY CORRESPONDENCE,AND ANY INFORMATION ON STRATEGY DISCUSSIONS, I DOCUMENTS, MEMOS, CORRESPONDENCE. BY CLOSE OF BUSINESS TODAY.\ i TIFI T B TRUE COPY 5 ew ann.,e. _ Clerk i i f I am extremely disappointed in the County's secrecy, concealment of information, indications of hidden agendas, and if there's no validity to these assertions...drop the games. I was elected by the citizens and I am appalled that I am being stonewalled and excluded from secretive discussions on the "non- attainment"issue. Get me that schedule of future meetings THIS MORNING,NOTE I WILL EXPECT TO BE PRESENT AT EVERY MEETING FROM NOW ON,AND GET ME ALL THE INFORMATION ON THIS MATTER PER MY REQUEST TODAY. e g s THE ACTIONS OF STAFF AND CERTAIN COMMISSIONERS HAS BEEN AN AFFRONT TO OPENNESS AND ACCOUNTABILITY. s 3 s HOW MANY TIMES DO I HAVE TO REQUEST INFORMATION AS AN ELECTED OFFICIAL TO GET A RESPONSE???? I i s P 3 s Thank You for Getting Me a FULL Response with unaltered materials and documentation TODAY!!! (See request below to Chris O'Keefe and Shawn Ralston..I expect a full response from Planning today and a separate response from County Manager's, completely separate from the response from Planning Dept., TODAY as well) i i I t I hope this process will end now and this is the last time I am excluded from discussions I should be involved in and the last time I request information and get stonewalled instead of a response, a total disregard for the public who expect that this "business as usual" from New Hanover County Government will end and we the people will be spared misleading information like that which has defined the handling of this non-attainment issue by the County is never repeated. i i A FULL RESPONSE TO MY REQUEST I EXPECT TODAY! No More excuses. We can talk "updates" and other actions to prevent a repeat of this affront to accountable open transparent government following fulfilment of my request,now with the same request being delivered (with this e- mail) to County Management that was previously sent to Planning Dept,. and I want responses from both today! i I expect to be at EVERY meeting and copied on all correspondence pertaining to "non-attainment" effective immediately, forwarded all previous correspondence and meeting info, today. 3 a Thank You, T IED E A TRUE COPY Brian , Clerk i New Hanover Couffy Commissioners 6 Brian M. Berger New Hanover County Commissioner 230 Government Center Drive, Suite 175 Wilmington, NC 28403 office: 910-798-7149 cell: 910-431-3115 bbecqer(ZD_nhcqov.com From: Shell, Bruce Sent: Fri 3/25/20112:00 PM To: Berger, Brian; Coudriet, Chris; O'Keefe, Chris; Ralston, Shawn Subject: RE: Request for Information on Non-Attainment Issues Chris and Shawn are certainly free to answer your questions. My objective is to provide more complete information not less. Please call me to discuss. Bruce Shell County Manager New Hanover County 910-798-7184 From: Berger, Brian Sent: Friday, March 25, 2011 11:50 AM To: Shell, Bruce; Coudriet, Chris; O'Keefe, Chris; Ralston, Shawn Subject: RE: Request for Information on Non-Attainment Issues T1�1ED7,,?TIE 4TRUE CO Hi Bruce, PY IL..e I Clerk NW HanoveN oun C ommissioners If there's a reason why the information I requested from the County"point of contact"can't be provided to me as is, please provide an explanation for limiting my access to those materials. I am capable of reviewing the materials from the County's designated "point of contact,"in this case Ms. Ralston, who is more than qualified to 7 i I , fulfill my request and who has answered questions for me in the past when others simply refused to answer even j the most basic questions pertaining to non-attainment(which precipitated my current request for information). I will treat materials recieved directly from County staff with the understanding that those materials may be j amended, nulled, explained, augmented or otherwise revised by your office, but fail to see any need to withhold the information compiled by Ms. Ralston per my request while other reviews and consideration by other individuals or groups might be occuring or planned...No compelling justification to delay or deny my request has been provided. Materials marked confidential will be treated confidentially, as always. I would like to obtain the information and documents requested today, and will remain understanding that some of that material may be "raw"and refinements pending, i @ e a E 6 i Receiving the information and documents I requested does not in any way limit or effect any other activities or policies, and if my request is being denied or delayed to prevent access to this information this morning, I would like an explanation in writing providing a justification for denying my request when other commissioners have been acting without any formal authority or oversight, and have been E given access to information denied to other commissioners. i r Please revise your instructions to Ms. Ralston so that she can fulfill my request for information without fear of consequences or retribution for responding to a request from a commissioner that is reasonable in nature, and conducive to future collaboration and consensus-building which should be part of future objectives related to the non-attainment issues. i ' Best Regards, Brian jY d S Brian M. Berger i New Hanover County Commissioner 230 Government Center Drive, Suite 175 P I I Wilmington, NC 28403 t I office: 910-798-7149 cell: 910-431-3115 f bbenger _Mcgov.com f From: Shell, Bruce T IED E A TRUE COPY Clerk Sent: Fri 3/25/2011 11:08 AM ew 'a over ounty C omm ssioners ! I 8 ♦ w i - Sclhult, Sheila g From: Berger, Brian Sent: Thursday,January 05,201211:32 AM ! To: Schult,Sheila Cc: Crowell, Kym; Elmore,Teresa;Shell, Bruce Subject: CONFIDENTIAL Iw r Sheila and Co., And I don't mean you personally, but don't have the time or knowledge to address all redpients or lose the focus of this e-mail. I was elected to represent the people, no different than any one of the four other commissioners. The personal,6 spiteful and resultin p giy negative impact on the citizens of New Hanover County by, in an unprecedented, unjustifiable � (regardless of what Trida Vance or people who have spent more than five years accusing me of blocking out the sun), I extremely dangerous maneuver to abandon publicly funded, community-based organizations completely or to try to hurt I me and denigrate me by suggesting staff reporting to the County Manager; and In some Instances multiple supervisors before the County Manager is a disservice to the tY 9 people of this county and the organizations(many are not pleased) disrespected and belittled by the short-sighted actions of the County Board in Its approach to "personal"and political differences,with me, having nothing to do with my partidpation In those departments and agendes this past year, unlike ; some of my four colleagues who have violated the very spirit of the County's Ethics Policy, not to mention the Illegal aspects of those actions, and joke of an explanation defending breaking the law...well I still have a job to do. You can "marginalize" me and cut me out of all meetings and access to Information, but this has gone too far...I will fulfill my duty by being as involved as possible In every Board, demanding answers seeking justification for cutting some of the i 30+ Boards traditionally assigned a Commissioner to serve on the group's Board, as free from multilayers of filters as possible. 1611fthere's a single email contact group I will glad) request agendas and minutes Y �i 9 for every one of them in a timely manner, direct and unfiltered. However, in making such a major, unprecedented and in part, Illegal, move to "punish"me 1 (but really hurting the dtizens), the County and staff have overstepped boundaries. i I'm not interested in political games, backstabbing, etc...but I am interested in doing the job I was elected to do...and that now requires all substantive information from every agency represented by a.Commissioner or designee in 2011 for i 2012.It necessitates my being present at more meetings on issues of general Interest(Stadiums, Solid Waste, etc). The who, what, why, where, when for these meetings I am requesting in writing now until further notice_. I'm quiet and f shy and I know I can come off as a jerk even though that's not my Intention at all' I dont Intimidate or take kindly to bullying and payback for resisting and acting Independently in accordance with my conscience and.commitments. If there isn't a single email list for those 30+ contacts it Is the role of the County Manager, If I'm not mistaken, to facilitate my request for Information In a timely manner.This Is not to be confused with the meeting schedule I had requested prior to Christmas...I understand that takes time. Please don't feel rushed.I know you've got much more on your plate as well.I ask nothing more than you do the best you can even If its done a little at a time, piecemeal. You've I done a great job thus far Sheila, I have no complaints, and no concerns. Lastly,I would like a list of all meetings and conversations and documents pertaining to kicking me off Boards without cause.Though legal, in some Instances, perhaps, anytime a majority by sole virtue of numerical superiority squash minority dissent its a major, substantial threat to the Integrity and expectations of our system of government. Replacing a duly elected official with an underling or unerling's underling poses a threat that warrants some review. With that In mind, please send me In writing the dates(Inc. conference calls), participants, documents, "action items"and related materials regarding kicking me off Boards. Clank You, Brian T IE O E A TRUE COPY Clerk i New Hanover County Commissioners 3 ! Owokbeing email I realize the tone here could easily be misconstrued as angry or something similar, but please know that's not the case...I apologize If It reads that way...but that's not the Intention. It's serious, matter of fact, 1 emotionless...but please don't take it as angry or critical - It was not meant to be critical of anyone copied, In any way.I appreciate the fine work you all do, but I do need answers sometimes...this being one of those times!) a , E Brian M. Berger New Hanover County Commissioner 230 Government Center Drive, Suite 175 Wilmington, NC 28403 office: 910-798-7149 cell: 910431-3115 bberger _nhoov.com j E I From: Schutt, Sheila Sent:Thursday, January 05, 2012 10:04 AM To: Berger, Brian s Cc: Crowell, Kym; Elmore, Teresa; Shell, Bruce 4 Subject: response to your request for information s 3 I Good morning Commissioner Berger, Per your request below,and as promised by January 6th, I am attaching a list of all the Boards/Committees that a commissioner and/or designee serve on that are appointed by the Board of Commissioners. The"Information Includes their meeting information as well a contact name and number for you to use in requesting minutes,agenda,additional information,etc. Please remember that you have already received a "yellow"pamphlet that contains an overview of i all the board and committees that the commissioners make appointments to as well as a notebook that contains all the member information of each one of these. Teresa provides you with updates for this notebook each time a new appointment is made(normally our second board meeting of the month). Let me know if you can't find your copy of F the above. I "# Bruce Shell was to contact you concerning the second part of your request for a"list of all current staff committees, i working groups or task forces." I trust that he has already done so. I hope this information is helpful. From: Berger, Brian Sent: Friday, December 16, 20114:24 AM I To: Schutt, Sheila q Subject: stationary I Sheila, a Please provide me with a master calendar or individual copy of the date, time and location of every official meeting of each Committee, Authority, Commission,Agency, Organization, Board or other public body, Including non-profits that have a commissioner or a member of county staff on its governing body.Also, please send me a list of all current staff i committees, working groups or task forces. I realize this will probably take sometime to compile and so won't expect it Immediately. Also, please do not include my name on any document or correspondence that I'haven't reviewed and approved prior to its distribution. Gnank You, Y T ED BE A TRUE COPY Brian , Clerk ew anover oun y Commissioners 2 s � 7 3 I Brian M. Berger New Hanover County Commissioner 230 Government Center Drive, Suite 175 Wilmington, NC 28403 office: 910-798-7149 cell: 910-431-3115 bbe[gerOnhcgov.com i 6 t p a i t t i 4 fi E F I 1 f 1 F { I I i 7 I M 7 R IE E A TRUE Clerk OPY ew an over ounty ommissioners F .S d 3 i 1 g� d i rr �w Schult, Sheila Ey , ! From: Berger, Brian Sent: Wednesday, March 21,2012 5:40 PM To: Catlin, Rick;Schult, Sheila Cr Davis, Ted,Barfield,Jonathan;Thompson,Jason; Elmore,Teresa;Crowell, Kym Subject: RE: Board Attendance If the Information was readily available I wouldnt be asking for it. Agendas If I get them at all are sent post-meeting with the minutes(judging from the handfull I've received from professional dept. heads or citizen chairs of the relevant boards). I'll bite my tongue regarding the conduct and legalities, largely Instigated by you, violating N.C. Gen Statutes and even more basically, simple principles of good government, protecting minority viewpoints Not stifling dissent and prying Into private lives to exploit anything or anyone for politics. . Brian M. Berger New Hanover County Commissioner 230 Government Center Drive, Suite 175 Wilmington, NC 28403 office: 910-798-7149 cell: 910-431-3115 bberger(fthhmov.com From: Catlin, Rick �Sent: Wednesday, March 21, 2012 5:21 PM To: Schult, Sheila Cc: Berger, Brian; Davis,Ted; Barfield,Jonathan; Thompson,Jason; Elmore, Teresa; Crowell, Kym Subject: Re: Board Attendance If the information is already contained in the minutes Brian is receiving, I see no reason to place additional information requests on anybody. If you do end up making these request I do not need to be copied. Thanks, Rick, Sent from my Wad On Mar 21,2012, at 3:53 PM, "Schult, Sheila" <SSch tQnhcgov.com>wrote: Good afternoon Commissioner Berger and Commissioners, As my office does not keep the attendance records you have requested below, as with your previous request for boards and committees agendas/minutes, I will be happy to forward your request to the appropriate boards/committees and ask them to send this information to you directly. For 2012,this information should be contained in the minutes that you are already receiving. I am copying the other commissioners on this email with the intent to poll them to see if they would like to be included in this information request bef I send it out. TI IED E A TRUE COPY Clerk 1 ew anover ounty ommissioners i r From: Berger, Brian t Sent: Wednesday, March 21, 2012 2:45 PM To: Schult, Sheila Subject: Board Attendance i Hello Again Sheila, Please send me a list of every committee represented by the County Commission (or fictional proxies with € names and attendance and dates included) for 2012 up to the present date noting any excused absenses, general absenses and on-the-record times of arrival for each "County Commissioner or 'Proxie????"'ASAP. f Please include similar information for 2011 (Jan. to Dec.). Thank You, ' Brian Feel free to share this with anyone you like and let the discussion begin...please do not alter or manipulate the documents and information In any way. Let the facts speak! Brian M. Berger i E New Hanover County Commissioner Y 230 Government Center Drive, Suite 175 i Wilmington, NC 28403 j office: 910-798-7149 4 cell: 910-431-3115 bberaerOnhcaov.com i I a From: Schult, Sheila Sent: Wednesday, March 21, 2012 9:51 AM To: Davis,Ted; Barfield,Jonathan; Thompson,Jason; Berger, Brian; Catlin, Rick Cc: Shell, Bruce; Couddet, Chris; Mallette,Andre; Copley, Wanda; Wynn, Susan; Elmore, Teresa; Crowell, Kym; Griffin, Cam Subject: Change in April 12th Agenda Review Date TI I D E A TRUE COPY € Clerk .y 2 ew Hanover ounty ommissioners ' Good morning All, f , 4 Please note the following change to the Thursday, April 12t' Agenda Review date/time: Tuesday,April 10`k at 3:00 p.m. for Agenda Review with a Budget Work Session to begin immediately following the review of the agenda. Due to scheduling concerns, the work session is due to end by 5:00 p.m. Please make a note of this change on your schedule and call me with any questions or concerns. i Sheila L. SAult Clerk to the Board ti New Hanover County New Hanover County is committed to progressive public policy, superior service, j { courteous contact, i 3 r judicious exercise of authority, and sound fiscal management to meet the needs and i concerns of our citizens today and tomorrow. Adopted 6/20/2011 } TlFqEQ A I R U�Ek COPY New-Pen7par 71,717 11 6 r Q From: Shell, Bruce + Sent: Saturday,April 28,2012 2:22 PM To: Berger, Brian Cc: Coudriet, Chris Subject: RE:Confidential: Personnel and Legal Matters Brian, 3 I received your email from this morning and am perplexed. I want to serve all five commissioners as completely as I can. I cannot get involved in discussions between you all. I will provide information to you all so that you can make the i most informed decisions possible. I understand that you have frustration over your desire to serve as a Social Services Board member. As a point of j 1 clarification,that appointment was changed by the Board of County Commissioners as part of its annual review of commissioners serving on boards. I understand your disagreement with that choice but quite frankly I am not in a position as county manager to address it. I know you have'had discussions with other commissioners in this regard. If a change is made,this is where the action would take place and as manager I would carry out the directives of the board. Mr. Coudriet will serve the board as I have and does not possess the authority to make the changes you request i just as I don't. i The County Attorney works directly for the Board of County Commissioners and is independent of the County JdPk Manager. Certainly, we work closely together but legal decisions of the County Attorney are not the responsibility of the Manager. That advice is given directly to the Board of County Commissioners. 3 As to discussions with other commissioners: I have tried to find out where the board stands on outside agency funding and have not reached common ground. Bruce From: Berger, Brian —" { Sent: Saturday,Apra 28, 2012 5:38 AM To: Shell, Bruce CC Coudriet, Chris Subject: Confidential: Personnel and Legal Matters Importance: High Here's a few action items, some as old as a year and some new, almost certainly illegal and my repeated requests for answers, has gone without any action of practical purpose(usually, no action,and these requests should not be 4 necessary in the first place) 1. I am asking for the 17th time now for a written explanation why under threat of force and incarceration, with full knowledge that I have been repeatedly and at Indescribable damage subjected tao wrongful arrest, imprisonment, unnecessary humiliations, intimidations, invasions of privacy and violations of civil rights, targeted directly at me for personal and political reasons, both of you (without legal authority or basic ethics and decency),approved of and assisted In such actions to encourage unnecessary force and threats to my security, liberty, safety and security from additional harm and additional imprisonment as a means of punishment and personal basic rights to for PERFORMING MY DUTIES AS A SOCIAL SERVICES BOARD MEMBER. p personal destruction C;Again, excuses don't fly when you are so aggressive and indifferent to the consequences, am asking for an explanation in writing providing �� again, for the 17th time, I ng justification for that treatment as a means of harming and Inhibiting a a public servant, duly elected,equally or more suitable than any other elected offi ' 1 R FIED E A TRUE COPY • Clerk ew an over oun Commissioners "The County Attorney said to do W'ceased acceptance as a justlfttlon for government worker misconduct and violence with the fall of the Third Reich.�As C60h ibliibilt- 'bounty At jvme e rJ4 efy m. I ask again, y r po, y 10 send me every communication authorizing or citing any law to justify a), ri me in I Services Board G at all, b). doing so with violence and absolutely no Due Process or protection Of my Constitutional and civil rights, including that of life and liberty, C.)allowing and endorsing with nothing apparendy but your own discretion which is outside the scope of the county manager's authority ffistant ItUftlatkinbl"aff1ridividual, la, with h StOry.40 Q!�WJI.SpLsQW, fQr,other %bard miembers-on numem a rsQrial securl W_,--- 5, (�d gall 011ch In fact Is a free to 36ria persona'. i.V S FS furfdbd a n him1ri-viQlating laws d Where Is any communication from the county attorney regarding any of these fbrms of threatening and retaliatory, Coercive behaviors with no regard for the risk to human life ethics, the law and a disgraceful prioritization of an egomaniacal politician and complacent staff-After months of waiting, please ensure all communications by, from or tDO any county official, elected, appointed, or paid staff on any germane topics to the Conduct of four County Commissioners, and any individual affiliated with the County. Along with all communications, If for any reason you consider such information legally protected and not subject to lawful transparency, provide in writing the date, Individuals involved and written legal justification for that position. 3b.After months of dishonesty and lies about conversations and meetings, please pr ide a I of eve Ov ist ry meeting(related PD die.County's!;r�t 6f* In regards to every su bject, Including the date, time, participants and attendees, and m1iiiiie-s_4 i aQ backroom dealings 'that don't happen"even when they do, apparently.Th!f st W_ 'ne Is Monday,,ApHl 30, 2012t.-'�" , y In ormation purported to qge .0 mpnths ago,I rstingedwft soi hoh�!styth n OTM be 04IM616ilie public should be providedat minimum with the parties present and written legal justification for that conclusion. 4.After tales of Peter Pan and other fantasies,I'm done waiting while you, Richard Catlin,Jonathan eld,Ja n Barf! so Thompson and Ted Davis continue to act outside the scope of the law, use Sheriffs Deputies to v! I te lected ff oa e o Idals civil rights and inflict intentional harm and duress for political/personal purposes, and It is to be provided In writing a full, detailed legal brief with citations to justify such extreme, unprecedented conduct. include hofrisald County Attorney,a written.reppp jD§q to demon -theekiftrice of aPfecedent,i e ex strate th istenm.of need fbr-such extreme and violent conduct by County iWairisWer-to-thts'question ln,vw%ng!. Ms. officials;.- 06OK4&h�,M§darth,shows,ftt YOU are the only"exp ttjl�0 LY so-calt9d co ,e ROMWI, nterpretation-of n dog&th tl tbe,law,diat' it' � , ._gf 0-4S,_j;M�L d k-e Oe d�'$p e cff�M I I y at Brfan Berger, perhaps a first In the h100y'6f"NHc In* ng' ; please explain-the basis for any conclusion that you are % in -lit ond-every single e-Vert and Of6fbig! [6'hdrth Cai6flhs;6666pt yw;is wrow 5. If such answers cannot be provided, as I have done so often, too often,� p ided that YOU�-the tWo:C0Unty;-MbFWgees, have negotiated what I couldft-rifififtlate. rovi restOm thdVSS:Board In return fbr uhqdi1�tdbhIf4 approval of the o _C utskie agency portion ofiLft _Ounty!�Budq&.If-byVe.end of ken-.b Illegally-unidgr , y him _. the barrel of numerous-guns and threatsi that thOusaf*of media at home and,abroad a previously wdttm, with full hath0ig' Wei ihcfuddd�b6count ofift Copley and her relationship to Louise McColl,the latbees relationsh w fps ith others Involved In *business' at usW!w in-NHC,and that suth violence In government has become rare in the US but flourishes in NHC under the'retirifig and Incoming County Mafia g-er. I am bending over backwards to reach a compromise, which costs nothing to anybody ex e c pt the incredible damage suffered by one lowly Commissioner and the 200,000 citizens subjected to such corrupt government and employees, particularly those who are most vulnerable. You can offer Barrield nothing more than what I was willing to capitulate too, as far as his demands, immediate restoration of my term on the DSS Board, the Smart Start Board which now has the same level of neglect from the Board as the disastrous Head Start"oversight board."Apparently, even that was too much for Mr. Barfield in return ASP%, acquiescing to his demand that I approve the entire FY Budget(well aware he Is that I haven't even seen it). TII*Q �JRLIE COPY 2 New Rjngverro�XV issioners; 1 By the end of April 28, I will accept-grudgingly and against my better Instincts Barfdeld's.dem and .only,, .In regards to rubber stamping funds for the Susan.Komen organ#gVon and,outside Agency'Biidget1 tum will. re tom term b ' �y on the QSS Board, smart start,and several other-Boards to be mutuariy=agreed Bpon�iy Morldey rAp fr L O;2 , �✓ I will make myself available at any time for a conference call if that's helpful Saturday, but he is asking (like its his place a in any manner whatsoever to do an y s ��, uch thing), I'll fi'' fi} `outsd `a"j 3 'w�ill h�a va eeztirns� s9aeyh�v c°lY n.`w'wde,hm^a C a�n d$on�l`y o'aandd�`Im�s Yalve i I own f u,u.IhPt±l ail Y°a{d`kgn kn xbren�roatic rdd,a�.ii's I h�ad'�'re".be'C.en_r f= o,yr ir.lm,l•ob�n�e•:t,hf.us�l no,r w - ub�b-,e.. r ,-and I pCdoe; this°asrrtpt rhor#elsy. I could be much more vo�al�than I have been,whether you give a damn or not, some running for�fioe might.'�o'dcd�tev�en ntfaink I d eoiisidr approving the w�ioiCottnEy budget for my Ds5 seat only and no other Board°assignments. i It might be best to have me on the call actually so we dont go In circles and so there are no more misunderstandings. ' You know how to reach me of course. If you succeed where I didnt during my 40 minulte call with Barfield Thursday E evening,you may wish to consult immediately with any other Board member who might be replaced. I even agreed with extreme unease not to make an issue of the legallities and politics of the CFPUA-after Saturday my term on the CFPUA i will be very vocally back on the table and I'll accept nothing else but whats right...the exact opposite of this conduct by Barfield, his cohorts Including both of you. Let's wrap this up cleanly tomorrow. I don't have anything to lose blowing the whole lid off all of this and demanding and justifying the need to replace the entire legal staff and look elsewhere for a county manager to take over with a sense of ethics not visions of grandeur and the ego of a career politician. Trust me, I have no desire to do that but there's only so much bullying and death threats I can take and you should thank God you haven't been treated by the County the way I have. Most people would sue, but thats not my style or interest, helping citizens is...something Barfield could care less about. Lets just get this done and leave only the matter of a county attorney who should be disbarred for misconduct and other disgraceful actions in an official capacity—tabled for the time being.The DSS Board and Barfields budget demands must be resolved today. I'm not waiting one more day. Call me if needed to talk to that....barfield yourself...whichever solves this matter permanently today, Sat.April 28, 2012. I hope this is not indicative of what can be expected from you Chris, remaining humble might be wise. Bruce has that down and I doubt its coincidence and not years of experience dealing with "difficult people!" If you cant get barfield on the phone, go to his house. I dont care. I only want this finished tomorrow before it explodes...thats out of my hands. I've offered all I can for nothing gained but just to keep some peace. Happy Weekend! I Bb Brian M. Berger New Hanover County Commissioner 230 Government Center Drive, Suite 175 $ Wilmington, NC 28403 office:910-798-7149 cell: 910-431-3115 bberger _nhoov.com From: Shell, Bruce Sent: Friday,April 27, 2012 4:40 PM To: County Commissioners Cc., Management Team Subject: Update E C,pe you all are well. A few comments for you information. • Andre Mallette's last day will be Monday,April 30"'. I will be in Durham but reachable by cell. � s T IE E A TRUE COPY 1 ' , Clerk ew anover ounty Commissioners Exzo From: "Berger,Brian"<bber&eadc com> Date:Fri,Aug 3,2012 6:31 pm S u bJ e c tt-,',Q-� N-F W--0'""A L.1 N PACC Annual Conference 0-.<K Crowellfthazov.com> etowwm-it.W- -�e v That resolution makes no mention of date of reservation or did I miss that-its subject is cancellations based on my reading,and I appreciate the nonsense over$24.It's entirely expected following the last two years.Go run for your phones and call WWAY.Please provide me with expenses for all Commissioners and staff,for 2012 broken down by month,exact date,exact da e and a copy of the reque and dly t st, kin include local expenses reimbursements and the date of advance request,date of event or expenditure an d date of reimbursement request and reimbursement check transfer.7bis should include all expenses with originals or copy of the original requests and receipts.Please let me know when I ran expect this information. I believe your reading is wrong,as this was not a cancellation,and after two years of childish "I aks" e to WWAY about my$5 dinner and not other commissioners$40-$100(1 donl know exact amounts,part of your task is to provide Kym,or are you responsible for public relations devo exclusively ted to attacking me as appears to be the case . Regardless,I want and have requested to no avail all Commissioner and top staff(anyone rece in iv g more than$40,000 of taxpayer money annually)expenditures,the origina o mmis Is or c pies of Co sioner requests for reimbrusement for fiftre etai eac staff events,and complete d Is on h relevant o cial or reimbursements.I have paid too much out of pocket�at my own expense,and hear you and others joke about using tax dollars for golf and clubs. Also,and since I've waited months,I expect an attendance report similar to the one provided the Star- News in 2011,for 2012,by Monday before the Board meeting. This should not be diffi cuh if Kym and the County under your management are meeting requests for information from citizens and press under the FOIA. Chris,this is unacceptable.Help Kym show me where an ordinance precludes making a reservation for meetings and the number of days in advance before such unprofessional(attempting to "leak"for the purpose of undermining and embarassing me,and me alone).Others have also requested board and committee attendance charts please ensure I am provided a copy Monday prior to the Board meeting. Next week I would also like all correspondence fi-om and too the other commissioners and county manager and "PR"staff related to events(including local and regadl6ss of distance). I have asked numerous times for much of this information and been ignored,but your quick to"leak" even my personal information including medical to the press and as many people as you can copy.Chris, please send me a copy of the Job Responsibilities,Pay Grade,etc...for each employee in the Commissioners Office. _�TRUE COPY ClArk Newflffdovdr ZMMTCOmmissioners Since I can not trust current staff entrusted to make the most basic reservations and cannot trust the same staff due to a long,unprofessional history of misconduct intended to retaliate and intimidate,I am unable to use my office for important business,so please provide a printer(other commisssioners and staff have them)for use in my off-campus office where Pve been forced to have meetings and work. Chris,I would like to review my entire file(personnel)next week.I'll do so when a printer is ready for me to pick up(and to be clear,the printer should easily connect to a County laptop). This is a waste of my time.I will call you Chris to discuss more important matters but first and foremost provide a record of attendance for all Boards and committees the commissioners or their"proxies"serve on,yet another lapse in the Board's responsibility and an example of what happens when you have a BOC that approves of illegal fraud and malfeasance. I will book my own registration,and you can show me where it states what Kym claim's about advance reservations prior to an event,and I will apologize if I am wrong.However,if I am correct,I expect to be reimbursed immediately for the additional personal funds IT be using,and ensure I receive a county credit card ASAP to avoid any intermingling potential. If you want to leak things to the press,instead of the vindictive,malicious,self-serving insignificant info you provide,why don't you share with WWAY the bribes I;ve been offered,including by another Commissioner,and threats and actual retaliation for not voting to buy 127 College Rd. I know there's alot here,but its what you want. So get to work on that printer and information and in particular attendance by each commissioner or unelected, inappropriate staff member placed on a 'fir+ committee or board,in time for Monday's meeting. Regards, Brian Brian M.Berger New Hanover County Commissioner 230 Government Center Drive, Suite 175 ` Wilmington,NC 28403 office:910-798-7149 cell:910-431-3115 bberger ahc ov.com a R T BE A T CUi EICOPY ew anover ounty ommissioners n i l � i ! Eve it From: Berger, Brian I Sent: Friday, September 07, 2012 6:10 PM ' To: Coudriet, Chris f Cc: majure @wilmingtonchamber.org Subject: RE: North Carolina Business & Economic Summit- RSVP (Attending) t Chris, i This might come as a surprise to you, and it certainly is not set in stone, but there is a relative) Strong g possibility that I will be the County Commissioner designated to serve as the official liaison to the Chamber of Commerce in the very near future. It's a role I would welcome if that is indeed one of the many changes resulting from the outcome of the election in j November and other changes likely to affect the composition of the County Board of Commissioners. If that is the case, it would be appropriate and mutually-beneficial, and who knows, my connections in Washington D.C. might prove to be of value as they were in the approach to the non-attainment issue and ignoring DENR's claim that among other things, a meeting with Lisa Jackson would never happen. I'm not interested in seeking credit, publicity or self-glorification which is a hobby best left to politicians, but I am extremely interested in economic development and job creation (strategies might differ, but at least there is a common 5 goal unlike some issues with a wide range of desired outcomes). Whether I'm appointed to represent the BOC and foster a mutually-beneficial relationship and open lines of communication remains uncertain, but the strong possibility would in no way benefit from your shortsighted deviation from the spirit and letter of the "Code of Ethics" and Commissioner- " Manager roles and statutory authority. The potential opportunities afforded by the annual gathering wouldn't be the end of the world; it would be an inauspicious beginning and a major assumption of authority that defies the law, the spirit of democracy, and the power vested in the County Manager regardless of any abuses exercised by any Commissioner or County Attorney or Clerk. Relying on such abuses of power that contradict state law, common law, to justify our actions by pointing to those who cannot legally justify their "decisions"or pointing the finger at Bruce Shell to dodge g personal accountability, a value claimed by, but not practiced in New Hanover County reflects a major flaw in the government's culture(an area where the County Manager should set the example, not follow a clerk or Attorney holding fast to the past, the way "things have always been done")and that's not strong leadership. I know you think you're following the lead of others (commissioners, attorney), but you might find that your reliance on staff who need to go or change with the County's organizational culture, and follow the law, not the weekend's dinner r party conversations, as if such social functions serve a higher purpose, despite violating the law because the County Attorney is indifferent to N.C. General Statutes, and can't provide any substantive legal interpretations, case precedent or any other reason to deflect accountability and decision-making authority, in those areas where the County ' Manager has any authority over an individual commissioner or the BOC as a body. x Times are changing. I'm cautiously optimistic the looming transition will at a minimum increase transparency and accountability from the BOC, and this is a perfect example of why I'm concerned about a minority of staff who simply harbor too much partisanship and are too set in the "way its always been done" to make the adjustment to a county government with more integrity, respect for taxpayers and responsible policies, discussed in plain sight and debated cordially. Failure to perform your job and understand facts of circumstances and the role of elected officials as opposed to routinely exercising authority that is not granted, legally, to a County Manager is a problem I would encourage you to fix. I think you just might have found a majority of Board members concur with my assessment of a poorly-developed and misleading "resolution"wherein the County actually owes me money(but I have never made that an issue). I would encourage you to take whatever steps are necessary to facilitate (if at all possible) this important opportunity to build key relationships and take immediate measures to prevent any embarrassments in the future. I spent 15 years booking own travel in the private sector, spend the least of any current Commissioner most likely, and you are well-aware of ese facts...so whatever measures you have to take pertaining to the Chamber of Commerce Business and Economic i Summit, and providing for all future travel to be arranged on my own, please do so immediately instead of creating divisiness on the Board by your own hands. I trust you will be resourceful Uew h a Chamber on next f D E A TRUE COPY a 1 Clerk E over o Commiss ioners we/.,s Summit, and the tools I've requested (repeatedly) to prevent any future episodes of lost opportunities for the B0C I and citizens of NHC will be provided next week (later in the week is fine). I think you'll find a majority of Commissioners concur with this approach so instead of finger-pointing, it would be pleasant to see a solution per the Chamber Summit and immediate action so that in the future I can schedule my own accommodations and save the County even more than I have to date. Please ensure that both initiatives are fast-tracked and accomplished next week, as necessary. (I'll be I happy to show you the savings I've achieved and reimbursements I've never requested at your convenience). s However, resolving the Chamber Summit and ALL matters pertaining to my travel on County business arranged by me from this point forward has been so poorly handled and unprofessional that the resources requested should be provided i no later than next week! Government need not be this dysfunctional and I have provided a plan to solve a problem. Now please do your part and ensure that plan is fulfilled so that this never happens again. Thank You for your prompt attention and immediate resolutions to this matter which should be ancient history after next I 3 week! 7 Brian Brian M. Berger New Hanover County Commissioner 230 Government Center Drive, Suite 175 Wilmington, NC 28403 office: 910-798-7149 cell: 910-431-3115 bberger _nhcgov.com I From: Connie Majure-Rhett[majure @wilmingtonchamber.org] Sent: Friday,August 24, 2012 2:35 PM fir+To: Berger, Brian Cc: Coudriet, Chris Subject: RE: North Carolina Business &Economic Summit- RSVP (Attending) l Hey Brian- The county did not submit a list. We were verifying who from the county was going and who would be on the master account. I s If you will send me your credit card number before 3:30, 1 will be happy to make your reservation and then if things change, I can always add you to the master account. Kind Regards- Connie Connie Majure-Rhett, CCE President & CEO Greater Wilmington Chamber of Commerce One Estell Lee Place Wilmington, NC 28401 910.762.2611, ext. 214 (phone) 10.762.9765 (fax) `10.524.9500 (cell) majure @wilmingtonchamber.org R IE O E TRUE COPY Clerk lw ew anover oun ommissioners 2 lo Jonathan Barfield,Jr. VIce-Chairman NT Y. NEW HANOVER COUNTY Jason R.Thompson Ty EY BOARD OF COMMISSIONEF Commissioner Brian M.Berger 0 ny 230 GOVERNMENT CENTER DRIVE,SUITE 1 /0 Commissioner WILMINGTON, NC 28403 Richard G.Catlin (910)798-7149 Commissioner (910)798-7145 FAX WWW.NHCgQY.COM Shelia L Schuft Clerk to the Board MEMORANDUM TO: COMMISSIONERS FROM: SHEILA L. SCHULT9 CLERK TO THE BOARD Sig DATE: SEPTEMBER 26,2012 RE: STATUS OF 2011 AND 2012 INFORMATION REQUESTS MADE BY COMMISSIONER BERGER Commissioners, On numerous occasions Commissioner Berger has made serious allegations against me in I my role of Clerk to the Board, and my office staff, that we were not responding to his requests for information. I take these allegations very seriously and in an attempt to address his allegations I have attached a list of all the requests for information my office has received from Commissioner Berger. You will note that the list reflects the date the request was received and the date and format in which the information was provided. Please let me know if you have any questions. Commissioner Berger, if after reviewing the list you still feel we have omitted information that you have requested I would ask that you please put the request in writing to me and as previously done, we will fill it as quickly as possible. As I have done for the past eight years here in New Hanover County, and in my professional career in other organizations, I stand ready to provide service to the Board of Commissioners and citizens of New Hanover County with integrity,transparency,professionalism and honesty. Attachment =IEDaE A TRUE COPY Clerk New Hanover Coullity Commissioners New Hanover County is committed to progressive public policy,superior service,courteous contact,judicious exercise of authority,and sound fiscal management to meet the needs and concerns of our citizens today and tomorrow. Adopted 612012011 !!t `I t STATUS OF 2011 INFORMATION REQUESTS MADE BY COMMISSIONER BERGER I • Upon election, Commissioner Berger was provided the following Information: • Phone and contact list for all commissioners and senior staff • Board meeting and agenda review calendar for 2011 • A listing for the current year Commissioner Appointments for Boards and Committees. • A copy of the current NHC Board of Commissioners Code of Ethics. • A copy of the current Rules of Procedure for Meetings of the NHC Board of Commissioners adopted February 15, 1993 • A notebook containing all the boards/committees that the commissioners appoint to (this is updated monthly on an ongoing basis with hard copies being placed in your in-basket at the Government Center.) • . March 20, 2011 — email requesting copies of "six months of emails". I responded on March 30,2011 that the "cd of emalls is In your In-basket" • November 1, 2011 — email requesting "roster of current board members for New Hanover County Community Action". I responded via email on November 2,2011 that ® "Teresa emalled you the board membership roster this morning as you requested". Also Included was an update from me concerning the areas of Head Start non- compliance. • September 2011 — the Star News requested attendance records for 2011 for Commissioners serving on various boards and committees. On September 23, 2011 Teresa sent to all commissioners (as an attachment) a copy of the Board of Commissioners attendance records for 2011 as requested by the Star News. • December 12, 2011 — email request for a list of all boards and committees that the board of commissioners serve on. 1 responded via email on December 12, 2011 with the list requested which Included the years 1997-2011. • December 15, 2011 — email with questions concerning."other board organizations that require board of commissioner representation and or participation, and rely on designees or proxies". I responded via email to the questions on December 15,2011. • December 16, 2011 — email requesting a "master calendar or individual copy of the date, time and location of every official meeting of each committee, authority, commission, agency, organization, board or other public body, including non-profits that have a commissioner or a member of county staff on its governing body. Also, please send me a list of all current staff committees, working groups or task forces". I responded via email on January 5, 2012 with the requested Information as well as 1 UR E E A TRUE COPY Clerk over aunty Commissioners i t reminding him that he had already received a pamphlet that contains all the board and committees that the commissioners make appointments to as well as a notebook r that contains all the member Information of each one of these. I also reminded him that Bruce Shell was to contact him concerning the second portion of his request s concerning staff committees, working groups or tasks groups. • December 19, 2011—Teresa emolled a 15 page attachment In response to the request a for copies of past commissioner appointments. i i d I R IE E TR UE COPY Clerk ew anover ounty ommis sioners s 2 s i STATUS OF 2012 INFORMATION REQUESTS MADE BY COMMISSIONER BERGER • January 5, 2012 — email requesting a "list of all meetings and conversations and documents pertaining to kicking me off Boards without cause" as well as "dates (include conference calls), participants, documents, "action items" and related materials regarding kicking me of Boards". I responded to Commissioner Berger via email on January 5, 2012 "that to my knowledge no such Information exists and therefore, I F , cannot provide It'. Bruce Shell also responded via email to the January 5, 2012 request. • January 20, 2012 (Friday at 5:31 p.m.) — email requesting "8 copies of General Statute 1436-273.10; the General Assemblies establishment of JCPC and all relevant requirements and guidelines in General Statutes; General Statute 131D-31; and any historical reference to removal of a Board member from a Board without cause". responded to Commissioner Berger via emall on January 24, 2012 that the requested "'Information and copies are ready as required in your box here at the Government { Center." • February 2012 per a request from Commissioner. Berger on a monthly basis we are providing him with his monthly expense report • February 9, 2012 — email requesting "the bylaws and all draft/approved agendas for ,r every Board, Authority, committee, etc...from January 1 of this year and on an ongoing ! basis till further notice. Please provide agenda for all such meetings in advance of said meetings as well". Our office does not oversee this Information., I responded via email to Commissioner Berger on February 9, 2012 that I would "'send your request to the d contact person for each board/committee requesting that they send this information directly to you via your county email address". I also responded '"that the contact Information was Included In the previous packet of information we provided to you In j response to an earlier request for board/committee Information". The letter was sent on Commissioner Berger's behalf on February 14,2012. d • February 14, 2012 — emall from me notifying Commissioner Berger that a copy of the Information responding to, a StarNews media request was In his box at the Government Center and it contained "Information concerning salary, benefits, travel, training, events, etc. received by each commissioner for the past year". I also notified Commissioner Berger that his confldential emalls had already been given to him on a flash drive stick to determine which should be released to the Star News. • February 14, 2012 — emall from me forwarding Information requested on the ABC Board. • February 15, 2012 — email requesting JCPC by-laws and agenda. I responded via email on February 25,2012 with the Information attached. C 3 R lFi T BE TRUE COPY Clerk ew anover ounty Commissioners ` t z f � 1 ,, • March 21, 2012 email requesting an "updated schedule for all budget meetings and j dates this year".I responded on March 21,2012 with the requested information. • March 21, 2012-email requesting "a list of every committee represented by the County � Commission (or fictional proxies with names and attendance and dates included) for 2012 up to the present date noting any excused absences, general absences and on-the- record times of arrival for each "County, Commissioner or Proxie????" ASAP. Please I s include similar information for 2011 (January to December)." 1 responded via email on March 21, 2012 "As my office does not keep the attendance records you have requested below, as with your previous request for boards, and committees agendas/ I i minutes, 1 will be happy to forward your request to the appropriate boards/committees_and ask them to send this Information to you directly. for 2012, this Information should be contained in the minutes that you are already receiving". The link to search the requested Information was also Included again. • March 22,;201Z — a letter was sent on behalf of Commissioner Berger to the Boards and Committees Distribution List requesting they send him the list of every committee represented by the:County Commission for 2012 up to present date and going forward and for January through December 2011. i • Memo sent by me to Commissioner Berger on March 22, 2012 listing all the Items we had been provided to dote In "respond to your information requests on boards/committees". ; • April 11, 2012 — I responded to a previous email notifying Commissioner Berger that j the updated budget calendar was provided to him at the budget work session on April 10,2012. i • April 12, 2012 — email request for a printed copy of the NHC Code of Ordinances. 1 responded via email on April 23, 2012 that the request had been process and was on his desk at the Government Center. This request Is filled on an on-going basis as the ordinances are amended by the Board. i i • June 13, 2012 - email requesting information on CFPUA and "agenda and minutes for i the New Hanover County Community Action, Inc. since 2006-2007 and the Board roster during this time, and correspondence between NHCCA and the Board of Commissioners': 1 responded via email on June 14, 2012 notifying Commissioner Berger that I had met with Bruce and he would address the CFPUA Issues directly with him. I asked him to confirm the address where he wanted to receive the information he was requesting from NHCCA and I would forward them his request as our office does not have Jurisdiction over those records. To date, 1 never received a reply from , Commissioner Berger concerning this request t F AF FIE T BE A TRUE COPY r Clerk 4 ew •anover CoUrify Commissioners t ; i February 5, 2013 I Good morning Commissioner Berger, Kym found the attached forms requesting reimbursement that you left in the office over the weekend. f Please see the following clarification: s • Request 1 — we will be able to process this request once our office receives the proper documentation to substantiate your request which in this case { would be a receipt(s). A request for reimbursement has to be submitted with the appropriate back-up. Please also complete the section on the reimbursement form listed as "REASON FOR PURCHASE" (I have highlighted ' this section in yellow). • Request 2 — this request has already been submitted and processed and you have been issued a check in the amount of$54.55. j • Request 3 — concerning the request for reimbursement for a lunch expense we will need the receipt to submit your x request for processing. • Request 4 — we will submit your request for processing for the "Toner Ink Cartridge — Black" in the amount of $28.24 since the appropriate receipt is attached. The second item listed as "postage stamps" in the amount of $24.00 we will be able to process once our office receives the proper documentation which in this case would be a receipt. j Please know that we will process these requests once we have received the requested documentation. Please also make sure that the reimbursement form has been filled out completely, signed and dated. Thank you in advance for your assistance. 3 i R FI E TRUE COPY I Clerk N nover ounty ommissioners i A A ONTY. ®r NEW ELA-NOVER COUNTY SUPPLIES REIMBURSEMENT REQUEST (Please attach all original,itemized receipts.) Name: DESCRIPTION OF SUPPLIES AMOUNT REASON FOR PURCHASE ----------------- Total Reimbursement nested w Signature of Purchaser/Employee: Date: _ t k t aloe AtJ A r(i j;j&zj-(--15- Cw kLAC TI \I ED q 'N'!VRUE COPY C ew--H-an Hanover G6-uffy—Commissioners 1 1 } r / t'jvNiY• d a qt + �G NEW HANOVER COUNTY SUPPLEES REIMBURSEMENT REQUEST lease attach all original, - = - " (p ftemized receipts,) V4 CRIPT'iON OF SUPPLIES I AMOUNT REASON FOR PURCHASE Is gg e $ Total Reimbursement Requested I s s' ,sr jo Signature of Purchaser/Employee: f Date: ._.. -0 y �Ic G n w N a m •1 N a -3 n * m�(( x 1r * » * .� C E A O ~ aIc A = • r r d,► C * 7 �* + O O I � E W T 1tll Cr n ate; . � � � Nos � m s N n { n * -d+ ca Vl O O '� ' X N M 1 •� 'O -3 A � rr- w -ai o *. •°= .WOOZDo .•► N O to N * O ~ r' f=`0 4f SIC * a M CPO N O o w « � roc * I wm �r O tC * N A * :-.• 7*Ic (n 9" tT N N O 1 O O] ' r O * * t _. W O ,,,r I �1 O% O * C * * * N to - * R IF I B 10 TRUE COPY Clerk r ew Hanover County Commissioners TRAVEL EXPENSE REPORT NEW HANOVER COUNTY 7 � 7B'1'YYE`� "'i.Y�st"��'�..Tw�ilt ��-a:a�•��w+E� ��t�?"�.t x'k Section I.Travel and Expense Re uest (Complete numbers 1-11 1. Employee Requesting Authorization: i/� ! r /' 12.Employee E-Mail j 3. Empbyee Title Ki 4.Contact Phone Number /h., ( l 5. Em&yee Department 16.0 anization Name Arri 4C { 7.Conference Title and Sponsor Wr. 8.Conference Site(city a state fiftd- Purpose of Travel L6.� . '.. .,�yl.,�e✓ a►. S,t,• 10.Departure Date MM/DD /• 11.Return Date MNI/DD t• i 12.Departure Time /I a y* 13.Return Time > 00 Section II.Expenditures (Must tum) pift r _ (M be completed within 10 business days of travel m _` •�. 1 tt _ Yb" `''`'"y ''�: "` TOTALS � a.Private Car � Mil e J LY, I 0 Miles x $000 $0.00 $0.00 $0.00 50.00 $0.00 $0.00 $0.00 $0.00 ! t Rate of 0.555 5 b.Transport Cost $0.00 3 c.Lodging $0.00 d.Breakfast Include ti $0.00 ! e Lunch Include ti s $0.00 f.Dinner Include t' $0.00 g.Garage& Parkin $0.00 h.Phone business only $0.00 i.Taxis& carfare $0.00 Registration 7 $O.oO k Misc. Ex nse c $0.00 Total $0. Haas ).00 $0.00 $o.00 $o.00 $o.00 s , ►s �-- = Approved in the amount of $0.00 f{" Was Cash Advance Given C. �I-2 What Amount? v t Less County Credit Card pmt What Amount? l M AI& s jr�--� ��55 Ij OJ Less County Check(A/P)pmt What Amount? { Amount of Refund Due County Additional Amount Due Employee 3 - i Funds are to be paid through Electronic Funds Transfer(EFT)for ALL travel advances and reimbursements. Complete the EFT workaNset tab WOW afft b0fmm of this fo M If tout EFT fnforuii is pot on 1119 and aubrnit vtrltfi your request TAls,fonri-is;epiirIte fr0'm the bkW Depi►sk Form for PayrhN and is ri ked. PDa ction Ill.To Be Completed by Department Administrator te of nest Munis Or Munis Ob'ect Vendor Code Voucher Number Finance J TDA TDA Fund Balance Sheet Use�Y 1320 Wn9 Your name in the field below,you agree that this consautes a legal signature and mat Approval for Expenditures nses listed were incurred in the conduct of county business. Employee Name: Department Head: { r Date: Date: R IF B A TRUE COPY Clerk s teW anover Ounty Commissioners i B I J { $ T r, F NEW HANOVER COUNTY 4 2 �2 SUPPLIES REIMBURSEMENT REQUEST i •�''�"""�''� (Please attach all original,itemized receipts.) Name: s � ' 4 DESCRIPTION OF SUPPLIES AMOUNT REASON FOR PURCHASE $ 4 $ f $ I i $ I Total Reimbursement Requested 1 � I Signature of Purchaser/Employee: Date: 3 i Coln ,•r�LP� _ e � *FR FIE BE A TRUE COPY Clerk i ' w, hover ounty C ommission&s s i 9 t - �UhTY.M i r RT IE E A TRUE COPY . Clerk y w a over ou y Commissioners I ti �2 Supp iE (Please attach an o ntginal,itemized receipts.) a a Name: 3 psp { i DESC ' OF I E OUNT R PURCHASE $ $ 1 F ' 4 F j S t i �I f Total Reimbumment nested $ - 3 I Signature of Pmhawffimployee: Iddft ! Date: 0 O� s�s ]`mac c e Fe,) a /cLy o�P Igo �l � . D 5 �� l� JD tit d 171 -4t Y o , f- Oe RT COPY lerk RT r-U:.eanover(;OuntY 75651�pb ommissioners ell, f fc �e C"S/ (k 41 �69 LAS/ � 7% hk� �4 y � �S a-D eavtd rTdld--eLP A4* po, co- de, 4A e or jty la -T 0-1 Ik few I Schult, Sheila E\x AWN. From: Schult, Sheila Sent: Monday, February 11, 2013 4:38 PM To: Berger, Brian Cc: White, Woody, Dawson, Beth; Barfield,Jonathan;Wolfe, Tom; Coudriet, Chris; Copley, Wanda;Crowell, Kym; Elmore, Teresa Subject: reimbursement requests Importance: High Commissioner Berger, I am in receipt of the reimbursement forms that you left on Kym's desk over the weekend. As I noted previously to you, it is county policy that all requests for reimbursements be submitted with the appropriate documentation validating the expense. I do not have the authority to submit reimbursement requests without the appropriate documentation for anyone. Based on that criteria, without the back-up documentation, I am not authorized to submit your reimbursement request for$24 listed for"postage stamps". Concerning your requests for reimbursements for the following events: $31.75—Lunch with Ambassador of Malaysia—1/24/2013 $150-The Crystal Heart Ball—2/9/2013 1&0 $50—Vintage and Vine—2/22/2013 $18—unclear what this amount is for—date listed 2/8/2013 $10—unclear what this amount is for—date listed 2/8/2013(?) Total-$259.75 As per the resolution adopted by the Board on June 18, 2012 1 do not have the authority to submit a reimbursement request for these amounts and would need Board approval to do so,also, the appropriate documentation would be required, Per your request to"subtract$50 from outstanding expenses once payment submitted", I do not have the authority to subtract an amount from your outstanding expense. In response to your note: "Where are the monthly expenses for all commissioners requested 2 full years ago?" Please refer to an email that was sent to you on October 14, 2012 by County Manager Chris Coudriet with this information attached. Subsequently,an email was sent to you on December 13, 2012 by Charles Smith that included Commissioners' salaries for the past decade and expenses for the past year. Please refer to the referenced emails. I have copied the other Board members on my response to you and will await their direction. Have a good evening. U T IE E A TRUE COPY C�ha , Clerk tv t ewano4verdunty Ommissioners I , 2 < F NEW HANOVER COUNTY 3 SUPPLIES REDOURSEMENT REQUEST { (Please attach all original,Itemized receipts. Name: vt � DESCRIPTION OF SUPPLIES I AMOUNT REASON FOR PURCHASE $ z 2 P�,..,f d ,�/ ca� 1 $ $ $ $ Total Reimbursement Requested Signature of Purchaser/Employee: Ir /� R�dnhover BE A TRUE COPY Date: , Clerk ew un omm issioners z Y /4j v LJ G��r JZ-r 4e-�°/ a (3f bxLf Are asps ,�v a 1111 a1,):l'i.TON NC a'f'ittS #3 di,Y: 3 d:'j. 30R,; 790-2 RE64 07 1 N 9 56 S 3 C/A 5 x a e e re Card t 9 e rrx 0. 41RA V14", mf 7 V ,00 - 3 Z 1 7 TOY j 2,014 tX ()T MIT 2,509 8363 0329 0 �O 16 ET WITH RECEIPT T R X 2/ 1 FEBRUARY 1. 2013 12:03 A TOP SURNARY. €o de You Saved ter° 2- back on almosi ewrutiai s in t1 �ttore ;md up [SI c€�m fit; r) �)OU �,c I AVAILA E,!S, ffilF 1NANK VbU. OPEN 21 HOUR 7 DAYS A WEEK Re ctrla ExirnCiwe Card balonrOs so of 1 � Wa0vr 2013 SPeFidiw X. � tr a TRAVEL EXPENSE REPORT ` - NEW HANOVER COUNTY i Section I.Travel and Expense Request (Complete numbers 1-1 f 3. Employee Tideuesti A�dfwrkation: c r� ` C .>' , 2.Em E-Mail �' C!✓ ° 9 5.E Department `, Contact Phone Number 8• Name R/t.,' t- 7.Conference Title and S r - 8.Conference Site a state See .,J( /,L-J v r r 9.Purpose of Travel J'C� ..ui. ,��4?7 10. Date ,✓, 11.Relum Date 12. rlure Tkne �,•, 13.Retum Time E Section II.Expenditures (Must be completed withln f0 business days of travel return) .saacm Dabs Daft Date Date TOTALS 8.PriVatc Car Mil 0 Miles x Rate of 0.555 $0.00 $0.00 $0.00 $0.00 50.00 $0.00 $0.00 $0.00 $0.00 Transport Cost $0.00 c.Lodging $0.00 d.13reakfast $0.00 e.Lunch Include ' $0.00 f.Dinner $0.00 &age& f $0.00 h.Phone business $0.00 i.Taros& carfare $0.00 Registration �� ._ (01 J" O $0.00 k Misc. Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 k , pls JApproved in the amount of $0.00 �%✓+► �.� j F vii f Q��1� Was Cash Advance Given lr. What Amount? I 1 M fir c c N�,� - S s e c c f„) -I`! c ii� L-County credit Card Pmt What Amount? 64 64d'ik, Less County Checc(AAP� t PL4 I�� C What Am ount? Amount of Refund Due County Additional Amount Due Employee Funds an to be paid through Nec&wft Funds Transfer(EFT)for ALL travel advances and reimbursements. { Complete the EFT worbhsst tab locabd at the bottom of lists form N your EFT kdom*Aon k not on Me and submit with your request This form is separate from the Direct Deposit Form for Paywil and M required. Section III.To Be Completed!y Department Administrator Date of Requen Mums OzZIM Munis Object I Vendor Code I Voucher Number I Finance/TDA TDA Fund Balance Shat Use Only 1320 ey typrrp YOm rwne h the need bebw,y-aw"that this consautea a bgal signature and mat Approval for Ex the° tumd ware Mcurred to the mnduct or count DuWrasa. Expenditures Employee Name: Department Head: Date. Date: kTIkIE? A RUE )�OPY. Clerk/�'l(� - ew anover C ounty omr�SIjle��, ,�t7e _ ` - P . x -Vroo :1000 $0.00 SO.00 �o.00 S� So:oo $oon So.00 �. 7ita �. z $0.00 �; ` 3 $0.00 Y� .�'+f°gyp. E S .3 -'S• _ V _. C f r $0.00 3 ; a c Rahatoa k' °r 1 $0.00 r x $0.00 p� i ` 50 3.00 50.00 SO.DO $000 50.00 } `. I c�'a :3 A) 1!FQ F1the.emOUnYOf - Was Cash Advance Qvpn : Lis Co,�y Cmdit cant pmt a Leas County Chxac{A/P)p-# M What Amountt Ti Amt of R&1md Due Cory Fi NO 0 �. - '.. '��'• - AmOimt Due.BmPla�ee__ - _ . mi a e lii4 ►lti o11� an aides + r iron! s i w "pctmdor Cbde Voucher Number Fineace/TT?A TDA Fiord Balance° Use. ttift xa thetuda aaspures a legal,ipn®ame erw tear Approval for Expenditures r E TIF# T . B TRUE P Dep8hmeM H d r. . F note: New Ha nover pun. 'ocrnmi Toners clrlyw i/4e AP I `s ! a a � S TRAVEL EXPENSE REPORT NEW HANOVER COUNTY te"s " 3�? z`:_ sawe�:�' ;'•.:.«:. ., !1!Ar47`f+ �llk +k"' ;5�•"; :k',: ''` Section Affravel and Expense Re uest Com lete numbers 1-11 1.Employee l6questing Authorization: 2.Employee tl 3.Em b ee T 4.Conta ne Number i s 15.Employee Depvment 6.OraoStion Name 7.Conference Title Sponsor 8 ference Site city a state 9.Purpose of Travel i 10.De rture Date MnefDD f13.Return Date MWDD 12.Departure Time Return Time Section 11. Expenditures (M a completed within 10 business days of travel return) teeyomr Date Dame Dame Date Date TOTALS ! a.Private Car Mileage 0 Miles x Rate of 0.555 $0.00 $0.00 50.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 I b.Transport Cost $0.00 c.Lodging $0.00 d.Breakfast $0.00 Include lips i e.Lunch Include tips $0.00 f.Dinner $O Include lips g.Garage& $0.00 Parking h.Phone $0.00 business only i.Taxis& $0.00 Carfare '.Registration $0.00 k.Misc. $0.00 'Expense N44L- Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 6. ' 'I�iWk"�iiprww owiiMl MgNiiiNo�ir :'•.. Approved in the amount of $0.00 h Was Cash Advance Given What ? Less County Credit Card pmt What Amo Less County Check(A/P)pmt What Amount? Amount of Refund Due County Additional Amount Due Employee Funds are to be paid through Electronic funds Transfer(EFT)for ALL travel advances and reimbursements. Complete the EFT worksheet tab located at the bottom of this form N your EFT information Is not on file and submit with your request This form Is separate from the Direct Deposit Form for Payroll and Is required. Section 111.To Be Completed by Department Administrator Date of Request Munis Organ I Munis Object I Vendor Code Voucher Number Finance/TDA TDA Fund Balance Sheet Use Only 1320 By typing your name in the field below,you agree that this consitutes a legal signature and that Approval for Expenditures the expenses listed were incurred in the conduct of county business. Employee Name: Department Head: Date: Date: RUE COPY Clerk e Commission ers i t 1 rs s� �f y fi33 �f r� a. }s i �y AIR all) Aw ij Y _ • • a 't' ► • j"I i' i la • I i 1. •.a; • •.<. ••," r II 1' �' 1' i 11 Vi �• i 0 ° • Lt • • ti I' I S F I l �. .tic�•. '� %��9 f j> '�•:� `�'+3 R�\.��:�"''�J[�` "�y '�T�si , %� i plasituts h hmAy,ftumRy W ! f 1 f 1y��, • f i . �1 • : RMRVATFMO, 1; ��. �� , '� � � '�• ��r�, 1. ' r r { . ti Esc. a5 i NEW HANOVER COUNTY Y w f i �2 SUPPLIES REEViBURSEMENT REQUEST i i �'fr�,►+�S�+F°`�. (Please attach ail o inal itemized receipts.) ` i 4 t _ r Name: 0 j DESCRIPTION OF SUPPLIES AMOUNT REASON FOR PURCHASE � loll` L a .rres�o $ j loft Total Reimbursement Requested S Signature of Purchaser/Employee: Date: S � R FIE CITRUE COPY e R , Clerk NOW d anover County Commissioners i f Q� two Oh �/ J ''7 Ci✓'G�SS ck 1 t Jason of 4&)di%" * IwIw Suf Phi � 4 s k t t r { Q Q t p 0 . a O �N ' t a i e e 3 fw CL w r ; i oho o` n UOa iQ • x e , W d''O e o '• 1: w I a � L! x 'A ' J 1 w e0 •1.�,. O GD •AN P!* G O � 7.2; r ;Z P! e n J-- w e d G V " _• E TIE p E, a d2 � d WW �° no c PC c v GiTW �. v w w e a�asa° Is' g j nrQ dp uxi o'��'�i j v. li g3ty i v �^ o vo -49 z Za ` �` � � • r �4L. IA) R l E TRUE COPY • , Clerk ew anover oun Commissioners 3 r _ a Schult, Sheila ! From: Berger, Brian I Sent: Friday, February 22, 2013 9:47 PM To: Crowell, Kym Cc: Coudriet, Chris Subject: Event Attendance Part of Commissioner Position - County Policies Must Be Non- Discriminatory Attachments: RSVPs February_March_Berger.docx j i Importance: High Kym, Please make sure I am registered and arrangements have been made(per every other Commissioner, County policy, state and Federal laws against discrimination) for my attendance and provisions for the following events. Thank You. I appreciate the help! Brian Chris, As Policy states, Please coordinate procurement of a credit card as other Commissioners receive, and A Per Diem upfront if needed, but a CC should be provided in less than a week. As County Policy establishes (a credt card for use and to prevent intermingling funds should be provided this week after several years of an 'official" policy designed by the County Manager(and according to Coudriet, Board members responsible for several years of discriminatory policies 'official'in nature, and thus 'officially in violation" of Federal laws. Discrimination, corruption, wasteful spending by Coudriet and fraud in the front office is far more important to the people of New Hanover County than a "conflicted attorney"and lip- service to ethics. The County is subordinate to the State and Federal government, and based on the laws of the United States, I will no longer endure harassment, retaliation, intimidation, "isolation" threats and other illegal forms of discrimination in direct conflict with Federal and State law. I ran for office to put an end to this corrupt nonsense, and have tried compromise, to no avail. Further action would be bad for the County, and those who discriminate against me are discriminating against all protected and unprotected classes, a sad reminder of the past that has no business in NHC today. I trust you will take care of this event attendance/ resource provisions (as other Commissioners get and have always received, in recent history) reflection of illegal County "Official Policies" (contradicting other 'official policies" confusing to say the least). The Cape Fear Museum "Vintage and Vine" event, this evening, as requested in writing. The Cucalorus event on Sunday, Feb. 24. TY Again. Brian M. Berger New Hanover County Commissioner C 30 Government Center Drive, Suite 175 !ilmington, NC 28403 RIFE B TRUE COPY office: 910-798-7149 , Clerk cell: 910-431-3115 ew a over ounty ommissioners 1 ` i pbeMer@nhcgov.com t Brian Berger I County Commissioner County Commissioners I New Hanover County 230 Government Center Drive, Suite 175 Wilmington, NC 28403 (910) 798-7149 p (910) 798-7145 f I l j i I I i i f T IE E A TRUE COPY iC, Clerk ew anover ounty Commissioners z (� yF i I Sthult, Sheila From: Brian Berger <wilmingtonliberty@hotmail.com> Sent: Monday,April 01, 2013 1:53 PM A To: Schult, Sheila Cc: Burgess, Tim; Coudriet, Chris;Copley, Wanda Subject: CONFIDENTIAL: Tim, Chris, Wanda, Sheila, And will payment for routine reimbursements be documented as processed in accordance with every New Hanover County "Policy"except that illegally and maliciously targeting one individual without justification, or is that a continuing facet of the County's, and specifically certain few employees acting on their own in violation in law, all earning six-figures or more, campaign of discrimination in violation of Federal law on numerous bases to violate laws intended to prevent discrimination (including "isolation," "threats," "retaliation," "failure to accomodate reasonable requests for accomodation...," "creation of fraudulent accusations and documents intended to support knowingly false accusations," in this case, of a non-existent debt, "and "constructive discharge" on the basis of discriminatory practice, using harmful, malicious negative stereotypes to cause "direct harm" to an individual affected)? Is the continued escalation of malicious, discriminatory practices exploiting misunderstandings and negative stereotypes, with no scientific or empirical basis in facts, rendering in my case non-payment of routine reimbursements of normal expenses (paid to all peers), current and recent historical alon g with tar g etin g by law enforcement, locking me out of my office, depriving me of access to US Postal Service mail, further "isolating" me in violation of law, making malicious and knowingly harmful statements to the public and media based on negative stereotypes with no truth, and fraudulently witholding payments due for expenses paid by employee -- without harassment for other Commissioners making identical requests--just that: fraud and violation of the law to render me homeless, unable to purchase groceries and pay routine bills, healthcare expenses and medications, even a haircut--deliberate discrimination violating more than one law intended to curtail these corrupt practices. Witholding payments due an employ for carrying out their duties to the point of preventing or negatively affecting one's performance of basic life functions and responsibilities, is not only morally apprehensible, it's illegal. Discussion of this confidential matter is not authorized by law and is NOT authorized by this individual, or representatives I of this individual, given the protected, highly-personal and privacy-protected contents. CONFIDENTIAL NOTICE: If you are not the intended recipient of this message, you are not authorized to intercept, read, print, retain, copy, forward or disseminate this communication, its enclosures,or attachments. This communication may contain information that is proprietary, confidential, protected health information (PHI)which is subject to HIPAA { privacy and security guidelines, separate or additional United State's laws, or otherwise legally exempt from disclosure. If you have received this message in error, please notify the sender immediately, either by phone (910-431-3115) or by x return e-mail and destroy all copies of this message (electronic, paper or otherwise). Y From: SSchult @nhcgov.com -- To: wilmingtonliberty @ hotmail.com CC: tburgess @nhcgov.com; CCoudriet @nhcgov.com; WCopley @nhcgov.com Subject: RE: Access to U.S. and other mail (and to the Commissioner's Office I use - Mail (obtaining) is becoming urgent! Date: Mon, 1 Apr 2013 12:32:00 +0000 ood morning Commissioner Berger, t { TI k E A TRUE COPY , Clerk ew anover County Commissioners 9 1 I I.dlia not receive your email until after county offices were closed for the Easter Holiday. Our office is open Monday ' P Y Gi'�jough Friday 8:00 a.m.to 5 p.m.;except of course for holidays. For your information,the next county holiday is scheduled for Monday. May 27, 2013 for Memorial Day. i Sheila Schult I Clerk to the Board County Commissioners I New Hanover County 230 Government Center Drive, Suite 175 Wilmington, NC 28403 (910) 798-7149 p 1 (910) 798-7145 f g From: Brian Berger[mailto:wilmingtonliberty @hotmail.com] Sent: Thursday, March 28, 2013 5:17 PM To: Schult, Sheila Subject: Access to U.S. and other mail (and to the Commissioner's Office I use - Mail (obtaining) is becoming urgent! Importance: High Sheila, Please advise on how I might obtain my mail, if any, since my access to the mail room, and now entire Commissioners Suite and my personal commissioner's office has been negated due to changes made recently. In particular, access to my mail is most pressing, though access similar to other commissioners seems appropriate. Thank You and God Bless! Brian Total Control Panel Loein 4 To:sschult(a)nhc ov.com Remove this sender from my allow list From:wilmingtonlibertv(@Jiotmaii.com You received this message because the sender is on your allow list. 3 t t t S t 4 t a 3 tl i BE TRUE COPY Clerk New Hanover County Commissioners 2 I Ex . e l TEXT MESSAGES FROM CELLPHONE (3/12)Text Message Conversation ("Me"is Mr. Coudriet): Me (3/12): Conversation with Berger, Brian Fyi.Star news has made a written request for your 2013 "expense reports." i will have staff give u a copy. Berger, Brian (3/12): i Who from the star news made this request?Was there contact between wanda copley, c.ricks or other staff that preceeded the request. Respond in writing please.Thank you for addressing j all of these matters, which in some instances are over 18 months or more old awaiting formal fulfillment, despite various attempts to acquire this information from you. j Me (3/12): The request was given to me last night by the star news reporter, signed by ashley withers. Berger, Brian(3/12): Thank you. She only asked for mine? I do appreciate the response, really not sarcastically chris. Me (3/12): Yes, only yours. Berger, Brian (3/12): Lol. Please email me all expense reports I've been requesting prior to wsn "request"...thank you! And date of do reimbursement INDIVIDUAL MMS MESSAGES FROM CELLPHONE 8/15, From Brian Berger: 1. (8/15, From Brian Berger): make a county credit card available and on my desk tonight and a fleet vehicle. I will leave a discriminatory payment provided next week all travel, local and tech expenses for every commissioner is provided and assurance that the county will apply its resolution equally and equitably by billing any commissioner who has ever cancelled a mtg.The full amount for all travel expenses incurred since that date of the initial cancellation. I have asked for and asked i again and again for a written explanation of the county's unique interpretation of the Statutes governing appointments to the Board of Social Services and how my removal by show of force I, R FI E TRUE Cr�r '>' Clerk ew •anover ounty Commissioners ! ! and risk of injury and imprisonment complies with that law. Preferably without peter pan and bugs bunny. I also have asked over and over for board /committee attendance records for 2012 � as was provided to the star news in 2011. 1 have made minimal requests chris and every one has been ignored. I have faced unprecedented attacks and vio! lations of j 2. (8/15, From Brian Berger): An extremely personal nature that would have led to firings if it happened to any other commissioner. While the county claims "accountability" as a value and part of organizational j culture,there is no accountability and no discipline or action taken to provide equal protection 1 in my case. My most basic requests are almost always ignored and violations of policy and law rewarded when I am the target. Please have on my desk when I return from raliegh dvds of I every budget workshop/wor session/etc from last year(Fy11-12). Please put in my request for a printer(or if IT can fix the one I recently bought that'd be fine). Regardless of other commissioners, sr. Staff have ethical guidelines-routinely ignored and that is not consistent with the county's own definition of accountability. These conferences are opportunities to informally discuss county business without a quorum &this will not 9 achieve that. I will leave $120 in receipts ondesk to reimburse along with all commish ex! penses! 3. (8/15, From Brian Berger): Thank you. Please include a dvd of all emails and correspondence referencing me in the subject or body of emails from dec. 2010 to the present.Thank you. Discrimination against an elected official is a poor reflection on the county, a sad reminder of sordid events in the past and continued in certain circles of influence today, almost certainly negatively affecting economic development and attracting businesses and jobs.There is a pattern of illegal and unethical behavior,total lack of accountability, and deceptive practices exclusively targeting me or intentionally misleading the public. I will leave payment for whatever bs but if I can pay a discriminatory attack tax on a days notice these requests should not pose a problem.The county credit card and fleet vehicle are time sensitive. The other information and materials I have asked for repeatedly for months in some instances over a year! I appreciate your immediate attention to these matters and perhaps cross paths ! @ncacc. I'! 4. (8/15, From Brian Berger): What time can I expect a county credit card and fleet key on my desk if its not already there like j it should be...and dvds of all budget work sessions last year?Considering every nice request I have made for information, or just following the law, has been rejected and disregarded in all or close to all instances, please tell me precisely when keys and a card will be on my desk and I will leave payment for this illegal dysfunctional bullshit along with$120 in receipts for reimbursement.Additionally, when will the dvds of all budget meetings in 2011 be on my desk? RTJF1 E TRUE COPY i Geri ew Ha nover County Commissioners i 1 I And expenses for each commissioner along with attendance records which I have asked for ` repeatedly and received nothing. What day/time will that document for 2012 to date be emailed to my attention?And when can I expect a substantive position statement justifying the county's interpretation of removal by armed personal "security detail" provided by taxpayers to jonathan Barfield to violate the law 'cept wanda'! s? 5. (8/15, From Brian Berger): Did the county "attorney"aka lobbyist for louise mccoll read the travel policy. No.This is not a non-profit or corporation and the policy makes clear no approval is required.This is ridiculous. I've agreed to meet your discriminatory demand and you come up with more bullshit excuses. Read the policy. You've violated enough laws quit hiding behind the unethical county,attorney and retaliating against me, no authorization is required for a commissioner to get travel approval,and that includes a fleet car and cash advance. Howev er, barfield has a county card and because of this outrageous treatment I've rfeceived from you and staff for two years you show me where it says in the travel policy otherwise. Quit bullshitting me and discriminating against me yet again,violating my rights and ignoring written policy. I don't care what secret meetings you have with the others or who you refuse to hold accountable for breaking the law. Fleet car or rental, credit card or cash adva! nce, from i f! 6. (8/15,From Brian Berger): The county. I've met your stipulation which was and remains grossly discriminatory and a product of corruption involving the county attorney. Read the policy or get a second opinion from someone without wandas conflicts and lacking ethics. I have been reasonable and there's no excuse to pull this shit...I don't report to the board. What part of that don't you get? I've offered several solutions. Step up and be a leader and pick one.The board has no authorization powers. You do have a job to do, however, so find a way to make yourself comfortable with the law if you have to but this has nothing to do with the county lawyer.There's too much corruption and malicious mean spirited people in that office but this is basic chris. 1 don't ask for much but this is over the top. Do whatever is necessary to provide a fleet car or rental and credit card or cash advance available first thing in the morning! (Read the travel policy) I 7 i 7. (8/15, From Brian Berger): Not according to the travel policy which apparently your too busy attacking me to have read. Your repeated violations of policies, exclusive to me, with the known intent to cause harm, explains your actions to date. No regard for the law, no accountability,just feeding lies to the media to destroy lives. I'm going, I'm submitting my expenses for reimbursement, and you do e R F E BE � Clerk le w anover ounty Commissione!S i F not have the authority and were not elected to discriminatec, sir. Get your ego in check.And do fir+ your job instead of preventing me from doing the job I was elected to do. You are out of line. Way out of line. You have no authority over reimbursement for travel. You aren't above written policy&you werent elected. Don't you forget it.Sir. Do your job and stop attacking me at taxpayer expense. You and your cohorts have threatened me & I'm not comfortable ignoring it anymore given your hostile actions.The county has j arrangement with a local car rental& I will go that route. You have no authorization power! Sorry. i 8/24, From Brian Berger: a 1. (8/24, From Brian Berger): Call me Asap. I told you any difference in funds owed to the county would the difference would be paid. Nevertheless you have provided no information requested and are playing the same discriminatory, bullshit game that you played with the ncacc.That is not happening again with the chamber conference and you are manipulating or allowing sheila kym and wanda to distort a policy that is in no way consistent with the wording, my attempts to resolve so called issues, and it is unprofessional and a glaring example of the lack of accountability within the county you supposedly manage. I told u last week I would pay any difference to put this bullshit to bed.The backstabbing by staff and intentional witholding of requested information makes clear you foster targeting illegally certain officials and have no interest in professional resolutions of disputes or any accountability. I keep my word If this is how you permit staff to act both you and they need to go...that old corrupt c! ulture ha 9/11, From Brian Berger: 1. (9/11, From Brian Berger): Chris, this situation is unacceptable. I don't appreciate to being lied to in fact, hostility, and arbitrary discriminatory unproven claims as some basis for retaliating against me, and not to address a problem. I don't appreciate your failure to perform your role,gross distortions, being deprived of resources and your patronizing comments to justify discrmination, and extortion followed by retaliation to compel me to vote a certain way. A phone call probably would've sufficed and you'd see your unprecedented tampering with the BOC doesn't have the support you might think. The double standard where I need permission to breathe but nobody else needs approval from you and your corrupt staff. The system of arbitrary policy implementation, conflicting&disjointed policies and procedures, and costly political favoritism crossed the line a long time ago, and in forgetting your role,the kind of controversy you're pushing is baseless, and it is probably not what the board wants. ! %ewTBE T Clerk OPY anover ouMy ommissioners i i 9/12, From Brian Berger: I 1. (9/12, From Brian Berger): Chris please talk to Sheila.This is out of hand. Kindly, I know you can, put this fire out and have a talk with her about all those values and miss.Statements in the Stratg Plan. If this isn't addressed its going to get real ugly before the election. Nobody on the board wants that! Including me.sheila needs to do her job,she isn't. Please inform her that she isn't on the board and...the situation is being handled. I will playh this game and bring a check tomorrow,so she hbas no business striking today. In the end,ensure a check is available as the county will likely j owe me money. But either way, I am requesting immediate accoutability including taking$40 she has no claim to given her position.You are capable of ordering or having a corporate card ordered,a position I've been forced into by ur leadership . You're a big boy, order me a card tommorrow express or give me sheilas. I have scholarships and mtgs coming up so I require a card. Stop the bullshit. This is ins! ane & u sit i J 2. (9/12, From Brian Berger): Pull the shit you've been pulling, encouraging dishonesty fro m sheila and wanda,and I can't remain silent. Ordering a corporate card is a simple task. One phone call.You can't do that, they CW can't tell the truth. If you're seriously unable to make a call and hold your people accountable, for lying to the citizens and other vile abuses of their positions, people should be well aware of the county's values as practiced by its chief manager,and staff,juxtaposed against the$60k waste on a strategic plan you lack the will and resourcefulness to implement.Two tasks long overdue, stop playing dumb, and order a credit card or give me th one in sheilas possession and require truthfulness and integrity from two employees who need to find some or be replaced on honest officials. You owe ? putting them on notice because the votes are there to fire them. It is you who are pushing them off the plank. Save the patronizing I don't have to be ethical or bound by any policy chris.Sho! w results ` 11/2, From Brian Berger: 1. (11/2, From Brian Berger): Chris while I appreciate the update on jim mcdaniel finally but haven't received the regular i monthly updates (that Bruce attempted on a regular basis and you had indicated you would continue. In fact, 1 don't think I've received any useful information in months (the last one three months ago). That to be sure is partly my fault...I can't participate in in dishonest information with no purpose but to attack me and the waste and arrogance of spending tens of thousands for maybe$200 discriminatory silliness. So I'll pay it.Jonathan asked that I set up a meeting similar to the one he had the other day. I said I would and I keep my word.Whatever u think of me personally or my adherence to the promises I've made, shutting me out, keeping me deprived of info &allowing illegal mean-spirited conduct, ie defending that a blue paper is T IE A TRUE COPY Clerk New aWer ounty m Comissioners I � ! ! orange when any reasonable person would see just blue - this screwed up office mentality, you preside over, has to change. First u have to recognize! I that you i i I i 2. (11/2, From Brian Berger): Are not always getting honest answers. For example, claiming I'm not where I was because of a P spiteful vendetta from your clerks and a commissioner who's days are numbered thanks to voters. I have copies of material you claim the county doesn't provide...from last year. Apparently your staff and the inexplicable, indefensible denial of material evidence is dismissed even if its in your hands. $60000 on a strategic plan and my hunch was right, NHC can't get past I page 4. That's worse than wasting tens of thousands and six-figure staffers to collect a fraction of that with an honest, reasonable, cost-effective conversation. I gav a JB my word id ask for the same meeting he and rick had. And I'm asking for a reasonable conversation to admit changes J are needed, sensible,good for taxpayers&transparency and lawful county government. I have nothing left to lose the county has taken, legal and illegal. There are compromises that are overdue and some might have to be tabled indefin! etly. 3. (11/2, From Brian Berger): ; The organization culture with its cronies, cons&conflicts, leading to hate-fueled vengeance I want no part of...I do want NHC to obey the law. Personal relationships w/lobbyists or lack of competence are resulting in a disregard for, not adherence too, the law. Deceit is the norm (see your august memo,violence and the threat of violence to break NC law...). I don't expect a total change overnight, but I am requesting simultaneous notification on all policy matters as provided to others, & separately, when ur ready to recognize the need for overdue improvements - not defend people no matter their misconduct, if you can do that, id like to sit down with you & develop a plan (to follow!) making incremental reforms citizens outside gov't, the many who see thru the costly, increasing dishonest "spin,"are sick of...defending the status quo is unreasonable& I am asking you to be reasonable, look in mirror, admit problems & misconduct, & let's work TOGETHER to improve i the situ! ation. j i 3/12, From Brian Berger: 1. (3/12, From Brian Berger): Fyi I requested expense reports for all commissioners and top staff in 2012 and 2013 and sheila's little game is just giving me mine. My request preceeded the wsn by over a year and I'm still waiting so I expect that request to be in queu prior to any wsn foia request, which I'm perfectly ok with. In fact, why don't you reimburse me now for the trip to do policy states should have E IFI T B A TRUE COPY Clerk i ew anover ounty Commissioners 1 ! been paid in advance, provide in writing why you and woody white are discriminting against me by not providing a credit card or per diem that mid-level staff get, any evidence besides a made up invoice that I missed the meetings you claim I missed and thus cost the county money for nothing, all requests in writing and verbal and text dating back months or years. This is reasonable before you and Wanda and her friend tricia vance at the wilmington star-news i attempt what I put in writing last night would be malicious retaliation from you and wanda and the clerks office because of my resemble request ! i for reim g 2. (3/12, From Brian Berger): Reimbursement of a justifiable expense. Provide a date when a credit card will be provided and actual evidence, not some fake document drawn up in various incarnations and government math by the county clerk, deputy clerk and county manager. I can prove I attended meetings the county has fraudulently claimed I didn't show up for, I can prove I was on time, and I can prove lord knows how many times you've been told this but chosen malicious personal vendetta over telling the people the truth.That the county deilberately broke and continues to break federal and state laws discriminating and violating the civil rights under federal law of yours truly, that these are private matters you have rejected to mediate, and that further you have subordinates c.smith and c.ricks who are both personally and through the county's ins policies liable for damages caused by malicious fraud, defamation, and violations of law they are not covered for under the county's ins policies. On what dat! e will 3. (3/12, From Brian Berger): Request, uneccessary and malicious and negligent as it is to have forced me to front the funds in your violation, and woody white and beth dawsons,etc violation of the county's "Travel Policy"- when will this request hand delivered to you be processed and to give that to the press prior to processing would constitute intentional deceit via you, wanda and star news editorial board members (who might be negligent and engaged in deceptive reporting but that's too normal as is to sweat). Please give them that info after processing the reimbursement request and honor my repeatedly submitted request for all commissioner and top staff expenses for 2012-2013 not Sheila's little childish game of only giving me mine which was not the request. Further,didn't c. Smith just grant the same request in the last few months? Finally, please provide in writing the reasons for county discrimination against me, violating federal law I will only discuss in private as the law intends, and you've! rejcted. IL R F E BE TRUE COPY Clerk ew anover ounty Commissioners DEFENDANT ' S EVIDENCE teBrian Berger Exhibits 1. Wake Forest Law Review Article f Z 2. Freyda Bluestein Blog 3. Conflicting Minutes From Various Meetings i a. Commissioner's Exhibit 1—Berger's Attendance Records b. Emails explaining that attendance records are drawn from commissioners meetings c. January 14th 2011 Special Meeting Minutes d. January 18th 2011 Regular Meeting Minutes e. February 17th 2011 Agenda Review Meeting Minutes f. April 101h 2012 Agenda Review Meeting Minutes 4. Brian Berger Criminal Record 5. Attendance Records From 2011 6. Code of Ethics Adopted In 2010 I j3 i f k i REMOVING LOCAL ELECTED OFFICIALS FROM OFFICE IN NOftTH CAROLINA David M. Lawrence* IMMODUCTION On occasion voters or colleagues wish to remove from office a local elected official—a city council member, a county commissioner, a register of deeds. Whether removal is possible, however, and by what means, are questions not readily answered. This article explores the methocls of re- moval that may be available in North Carolina—an a on in the nature cti of quo warranto, impeachment, &motion by the local governing body it- self, and removal by legislation,'—and seeks to determine whether each method is available, in what circumstances, and by what procedur es In examining each of the methods, it Will be useful first to set forth four hypothetical cases in which removal is sought: (1) Several months after being elected to the city council, mem- ber Gray takes a new job in another city forty miles away. He sells his local house and moves his family to a new house in another city. When asked to resign, however, he claims still to reside in the city to whose council he was elected,giving his sister's home an his now local address. He comes to the city only for council meetings. (2) Member Brown rarely attends meetings of the county board of commissioners, and when he does attend he in usually drunL His i absences affect county operations, since the board is often evenly di- vided on issues and his vote is needed to reach a decision. He ada- mantly refuses to resign. (3) The local newspaper has revealed that Councilman White, elected a few months earlier,is several years delinquent in paying prop- erty taxes to the city. Other council members and many community citizens are outraged, but White ignores demands that he resign. (4) Three months ago, Commissioner Green was indicted for al- legedly raping a young girl. After a widely publicized trial, he was ac- quitted of the rape charge but convicted of assault on a female,a min- demeanor. Conviction of a misdemeanor does not disqual a person from office, and Green has made it clear that he intends to remain a commissioner, even though the other commissioners are now embar- rassed by his presence on the board. A.B., Princeton University; LL.B., Harvard University. Prof r of Public Law and esso Government, Institute of Government, University of North Carolina at Chapel Hill. 1. By local act,elected officials in a few cities are subject to recall.Eg.,D N.C. uaftm Crry CHART911, ch. 671, 1 15. 1975 N.C. Son. Laws 815. This article will deal only with potential statewide methods. 547 P 548 WAKE FOREST LAW REVIEW [Vol. 16 This article will explore whether and by what means these four officials may be removed from office. i I. QUO WARRANTO The one method of removal that clearly is available in at least some instances is the civil action in the nature of quo warranto. Long a statu- tory procedure in North Carolina,' it is the only judicial proceeding that may be used to determine a person's right to hold public office.' Such an action is brought in the name of the Attorney General, either on his own initiative or upon the complaint of an inhabitant of the jurisdiction which the officer serves-' Quo warranto is available either to settle conflicting ° claims of two or more persons to the same office or to test only the right of the incumbent. In the context of removing local elected public officials, a plaintiff may bring a quo warranto action only "when a person usurps, intrudes C into, or unlawfully holds or exercises any public office, civil or military."* The proceeding exists only to determine a person's legal right to hold office. This limited inquiry reflects the historical background of the pro- ' ceeding. The English information in the nature of quo warranto ran against a person claiming an office, franchise, or liberty of the crown and determined the person's right to make the claim! When the defendant's claim was to a public office (as opposed to a franchise or liberty), the issue before the court was his title to the office and not his conduct of it. Only if his conduct worked a forfeiture of the office could that conduct be considered.?The proceeding was thus limited when it began to be used in / the American states; and, quite naturally, when the proceeding was codi- fied, its historic nature was respected. The statute simply permits the same challenges to an office holder that the common-law proceeding 2. N.C. GsN. STAT. § 1-514 to -632 (1969). The statutory proceeding dates from the i adoption of the Code of Civil Procedure by the 1868 General Assembly. 3. The supreme court long ago held that quo warranto,rather than injunction or man- damus,was the proper remedy to try title to office. E.R.,Rogers v.Powell, 174 N.C.388,93 S.E. 917 (1917);Jones v. Commissioners of Granville,77 N.C. 280 (1877). 4. Although the statute simply states that an action may be brought on complaint of a .private party," the supreme court has required that any private plaintiff be an inhabitant of the jurisdiction that the defendant officer serves.E.g.,State ex ret.Associated Cosmetolo- gists of N.C., Inc. v. Ritchie, 206 N.C. 808, 175 S.E. 308 (1934). 5. N.C. GeN. STAT. § 1-515 (1969). The section also purports to permit the action in two other circumstances.The first arises when an officer has committed an act for which the law requires a forfeiture of his office,such as a willful and corrupt refusal to discharge offi- cial duties, for which G.S. 14-230 demands forfeiture. Id. § 14-230(Cum.Supp. 1979).The second permits the action to challenge a right claimed "in violation of the provisions of § 146-14." The statutory reference, which dates from the 1943 codification of the General Statutes, makes no sense in this context because G.S. 146-14 deals with the proceeds of dispositions of certain state lands.The correct cross reference should be to G.S. 146-61 to- 63. 6. J. HIGH,A TRBATIss ON EXTRAORDINARY LEGAL REMSD169 §1591-692 (3d ed. 1896). 7. Id. § 618. 's t ?9801 REMOVING LOCAL OFFICIALS 549 allowed.' Thus quo warranto is only available in very limited circumstances today. Because Case (1) raises the question of whether Councilman Gray remains legally domiciled in the city of whose council he is a member and thus qualified to hold office, quo warranto may be used to force his re- moval. The other three cases, however, raise questions of fitness to hold office, not questions of legal capacity, and therefore are beyond quo warranto. In some instances Case (1) may be beyond quo warranto as well, be- cause quo warranto carries an exceedingly short statute of limitations. If the action is brought by a private relator, rather than by the Attorney General on his own initiative, it "must be brought, and a copy of the complaint served on the defendant, within ninety days after his induction into the office to which the title is to be tried."This limitation recognizes that many quo warranto actions occur between two rival claimants to an office and requires that the issue be raised quickly. But the limitation is E not confined to those circumstances; it applies to any action brought by a private relator, whether or not the plaintiff claims the office. In addition, the statute on its face bars an action completely if the event leading to the defendant's alleged disqualification,such as moving from the jurisdic- tion, occurs more than ninety days after he takes office. Fortunately, the North Carolina Supreme Court has held that the time limitation ought not to be so literally and absurdly construed. In Rhodes v. Love10 a contest between two contending school committee treasurers, the court held that the ninety-day period did not begin to run against the plaintiff until his own alleged title to the office accrued. The opinion suggests that the period would not run in favor of our Commis- sioner Gray until he actually moved his domicile. Still, any private plain- ; tiff would have to bring his action and serve the defendant within ninety days after Gray moved. After that, only the Attorney General could chal- lenge the officeholder. II. IMPEACHMENT A second potential method of removal is conviction after impeach- ment. As with the federal model, in North Carolina the House of Repre- sentatives has sole power of impeachment, and the Senate has sole power of trial." The North Carolina constitutional provision is unusual among 8. Id. § 623. 9. N.C. GsN. STAT. § 1-522 (1969). Note that not only must the action be brought within 90 days, but also the defendant must have been served. Failure to complete both steps within the period was fatal to the plaintiff in State ex rel. Long v. Smitherman, 251 N.C. 682, 111 S.E.2d 834 (1960). 10. 153 N.C. 468,69 S.E. 436 (1910).The defendant had been in office longer than 90 days before the plaintiffs claim to the office arose. In this circumstance the court said that the 90-day limitation period"manifestly does not apply. . . .The law does not require an impossibility."Id. at 474, 69 S.E. at 438. 11. N.C. CONST. art. III, § 4. s i i Y 550 WAKE FOREST LAW REVIEW [Vol. 16 the states because it does not list either the officers subject to impeach- ment or the proper grounds of impeachment.'' These matters are left to statute. The statutory provision currently appears in chapter 123 of the North Carolina General Statutes; G.S. 123-5 contains the key language: Every officer in this State shall be liable to impeachment for: (1) Corruption or other misconduct in his official capacity. (2) Habitual drunkenness. (3) Intoxication while engaged in the exercise of his office. (4) Drunkenness in any public place. (5) Mental and physical incompetence to discharge the duties of his office. (6) Any criminal matter, the conviction whereof would tend to bring his office into public contempt." The listed grounds seem broad enough to encompass Cases (2) and (4). Commissioner Brown, in Case (2), has been drunk while attending commission meetings and therefore would be subject to impeachment under G.S. 123-5(3). Commissioner Green's conviction of assault on a fe- male, in Case (4), might be considered a matter serious enough for G.S. 123-5(6) to apply. Councilman White's nonpayment of taxes, in case (3) g probably would not be sufficient grounds for impeachment. The conduct did not occur in his official capacity, and it is not a crime to neglect to pay property taxes. Whether G.S. 123-5 applies to local officials,however, is questionable. { Despite the statute's extension to "every officer in this State," impeach- ment probably does not extend to elected officials of local government. In dicta in an 1877 case, the supreme court admitted the breadth of the lan- guage but suggested that the statute "probably has reference to all of- ficers in this State holding State offices in contradistinction to county and 9 local offices.'" Impeachment in North Carolina has been a rare event, d 12. The omissions date from the 1868 constitution. The 1835 constitution, which in this respect simply elaborated the original 1776 language,listed both the officers subject to impeachment—governor, supreme court justices and superior court judges, and "all other officers of this State"—and the grounds—wilful violation of the constitution, maladminis- tration, and corruption. N.C. Corm.of 1776,art. III, J 1(1) (1835). Nationally,it is much more common for a state constitution to not out both the officers subject to impeachment and the grounds for impeachment.Although there is a good deal of variety among state constitutions in this respect,the Virginia provisions are a fair sample: "The Governor,Lieutenant Governor,Attorney General,judges,members of the State Cor- poration Commission,and all officers appointed by the Governor or elected by the General Assembly,offending against the Commonwealth by malfeasance in office,corruption,neglect ' of duty,or other high crime or misdemeanor may be impeached. . . ."VA. CoNST. art.IV, 5 1 17. 13. N.C. GaN. STAT. 1 123-5 (1974). This was first enacted in 1869 and has remained unchanged since then. Act of 1868-1869 N.C. Pub. Laws ch. 168. Given the emphasis on drunkenness,one wonders about the habits of public officials of that day. 14. People ex rel.Att'y Gen.v.Heaton,77 N.C. 18,21 (1877).In Heaton the Attorney General brought an action in quo warranto seeking to oust Heaton from his post of clerk of superior court because of Heaton's failure to meet his statutory duties as judge of probate. i f s t 19801 REMOVING LOCAL OFFICIALS 551 and the court has never considered the question directly." A number of fir+' factors, however, indicate that the court's suggestion one hundred years 3 ago was correct. First, the nature of impeachment suggests a limited use. It is a sol- emn proceeding heavily burdensome on legislative time." These features are compatible with Mr. Justice Story's notion that impeachment's object is to reach "high and potent offenders" who might otherwise escape pun- ishment," but probably incompatible with a reach that extends to the hundreds of elected officials in local government. The large investment of legislative time would be wasted in most local disputes. Second, the few relevant cases from other states support the North Carolina court's 1877 dicta—impeachment should be limited to state-level officials."And third, in practice the General Assembly has impeached, or attempted to im- peach, only state officers. Of the seven impeachments considered since 1868, one was of a governor," two were of supreme court justices,20 three 4 The statute in effect at the time stated that such a failure constituted a forfeiture of office. Id. at 19-20. Heaton argued that as a judicial officer he was subject to removal only by impeachment.The court disagreed,and in doing eo made the statement quoted in the text. 15. Since 1868 the legislative journals record only seven impeachments or attempted impeachments, the last in 1901. See notes 15-18 infra. 16. The impeachment trial of Governor Holden in 1870 lasted some six weeks, and during that time the Senate heard 170 witnesses.3 J. HAMILTON,HISTORY or NORTH CARO- LINA: NORTH CAROLINA.SINCE 1860 at 158(1919).The trial of the two Republican judges in 1901 continued for 16 days,with the Senate usually meeting as the impeachment court for six hours each day. Trial of David M. Furches . . . on Impeachment (1901). These figures reflect only the formal sessions of the Senate.One can easily imagine,however,how much the matter would have dominated the thoughts and conversations of the legislators at other times. + 17. 3 J. STORY, COMMENTARIES ON THE CONSTITUTION OF THE UNITED STATER 1 686 18. There seem to be only two cases, both quite old, that address the question. In Opinion of the Justices, 167 Maas.599,,46 N.E.118(1897),the court held that the impeach- ment provisions of the Massachusetts constitution, MAss. CoNST. pt. 2, ch. 1, 1 2, art. 8, which extended to any"officer or officers of the commonwealth,"did not extend to county commissioners;county commissioners were officers within the commonwealth but not of the 7 commonwealth. A decade later, the Rhode Island court cited the Massachusetts opinion an i authority for its own conclusion that the Rhode Island constitutional provisions,R.I.CONST. art. 11,§3,which extended to the"governor and all other executive and judicial officers"of s the state,did not extend to a local police officer. Lowrey v. Mayor of Central Falls, 23 R.I. MA, 50 A. 639 (1901). 19. In 1870 the House impeached, and the Senate convicted, Governor William W. k Holden. Holden was a Republican governor who glad made many enemies among the State's traditional white leadership, found in the Conservative party. When the Conservatives won an overwhelming legislative victory in the 1870 elections,they immediately and successfully proceeded against Holden. H. UnER&A. NEwsoME, NORTH CAROLINA,THE HISTORY Or A SOUTHERN STATE 492-98 (3d ed. 1973). 20. In 1901 the House impeached Chief Justice David M. Furches and Associate Jue- Lice Robert M.Douglas.The Senate acquitted the two justices.The defendants were Repub- licans, and a highly partisan Democratic majority had just reclaimed control of the state ' government in the 1900 elections. Although the g proponents of impeachment presented a technical argument that the justices had violated the constitution by issuing a mandamus 3 against the state auditor and state treasurer for payment to an ousted officeholder,the im- i 552 WAKE FOREST LAW REVIEW [Vol. 16 were of superior court judges," and one was of a solicitor." The journals record no attempt to impeach a local official. Thus the nature of impeach- ment, the weight of authority from other states, and North Carolina prac- tice all support the supreme court's suggestion that impeachment is lim- ited to state officers and is not available to remove local officials. III. AMOTION Amotion, in corporation law, is the action of the corporation in re- moving one of its officers. Lord Mansfield, in a 1758 case involving a mu- nicipal corporation," held that the power of amotion was inherent in a corporation if the removal was for sufficient cause. Judge Dillon, in his pathbreaking treatise on municipal corporations, discussed amotion at length and argued—for there was almost no American case law at the time—that the English rule should survive in American municipal corpo- rations.'• In the half century after Dillon wrote, a number of American jurisdictions considered the question, and the decisions went both ways." peachment seems to have been rooted in partisan politics. Id. at 566. 21. In 1871 the House impeached Judge Edward W.Jones,who resigned in the midst of the Senate trial. In 1874, the House Judiciary Committee considered impeachment charges against Judge Samuel W.Watts but reported that the evidence did not sustain the charges. In 1889 the House impeached Judge W.L. Norwood, but Norwood resigned before { the Senate could act. 22. In 1873 the House impeached Robert M. Henry; it later withdrew the articles of impeachment. 23. Rex v. Richardson,97 Eng. Rep. 426(K.B. 1758). In Richardson It of 12 borough officials,called portmen,were removed from office for failure to attend the Great Courts of the borough. (Notice that the Great Courts were convening was apparently given by ringing a horn or bell.) The remaining portmen appointed Richardson to fill one of the resulting vacancies, and the case was an information in the nature of quo warranto to try Richard- ' son's right to the office.Lord Mansfield firmly established the right of emotion but held that in this case there was insufficient cause for removal. Id. 24. 1 J. DILLON,TH6 LAW OF MUNICIPAL CORPORATIONS S 181 (2d ed. 1873). The 1873 edition is cited because it appears to be the one used by the North Carolina Supreme Court in the Ellison case, rather than the 1881 third edition. 25. The other states to accept the argument that amotion is an inherent corporate power were Colorado: Laverty v. Straub, 110 Colo. 311, 134 P.2d 208 (1943) (when city council president,after being convicted of receiving stolen goods,sought to enjoin removal proceedings before the council, the court held that the removal power was inherent in the council); Georgia: Mayor of Savannah v. Grayson, 104 Ga. 105, 30 S.E. 693 (1898) (mayor and aldermen have inherent power to institute proceedings against and remove members of board of fire commissioners,who were appointed by mayor and aldermen,for misconduct or # neglect of duty); Louisiana:see State ex rel. McMahon v.City Council, 107 La.632,32 So. 22 (1902) (although council member was expelled under charter procedure, the court as- serted that amotion is inherent and the charter power is same as right of emotion, but the power must be exercised by all the corporate officers and not simply the borough council); and West Virginia:Richards v.Town of Clarksburg, 30 W. Va. 491, 4 S.E.774 (1887) (city council possesses inherent power to try mayor for misconduct in office and remove him). The states rejecting the argument were California: Legault v. Board of Trustees, 161 Cal. 197, 118 P. 706 (1911) (because legislature has established a statutory procedure for removal of elected city officials, there is no necessity to support a claim that amotion is an inherent city power);Massachusetts:Attorney Gen. ex rel. Cole v. Stratton, 194 Maas. 51, 79 N.E. 1073(1907) (in absence of statutory authority,voters at town meetings are without I s i i 19801 REMOVING LOCAL OFFICIALS 553 North Carolina was one of the states to accept Dillon's argument. North Carolina's acceptance of the doctrine of amotion rests on two cases, Ellison v. Aldermen of Raleigh" and State ex rel. Burke v. Jen- kins.17 Ellison resulted from a dispute among the Democratic majority of Raleigh's board of aldermen.26 Following the May 1883 municipal elec- tion, the seventeen-member Raleigh board of aldermen, eleven Democrats and six Republicans, qualified for office. According to custom, the eleven Democrats caucused to agree on their numerous patronage appointments. They apparently could not agree, however, and a three-member minority determined to join with the six Republicans to control the board and the appointments. To avoid that outcome, the eight majority Democrats sought to remove five of the Republican members from the board, on the ground that they were federal officeholders and thus disqualified under the state constitution from holding state or local office.29 The first pe n rso being removed was not allowed to vote, and the resulting eight-to-eight tie was broken by the holdover mayor (who had been appointed by the board), in the Democrats' favor. At least two of the vacant seats were filled immediately with persons who would vote with the Democratic ma- jority, who then proceeded to organize the board and make their appoint- ments. The five removed members brought actions in mandamus seeking reinstatement, and Ellison was one of two such cases to reach the su- preme court." The court held in Ellison that the plaintiff sought the wrong remedy, that because his seat had been filled, the proper remedy was quo war- ranto against the new member. But in order for quo warranto to be ap- propriate, the new member must have had some colorable right or title to the seat. Therefore, the court spent some time discussing the power of a board of aldermen to remove one of its members. It concluded that al- though some process is due a member about to be removed (and none was power to remove the members of the town's board of health);Michigan:Speed v. Common Council,98 Mich. .160,57 N.W.406(1894) (city's common council ham no inherent power to remove for cause the city counselor,an officer appointed by the mayor);(but see Hawkins v. Common Council, 192 Mich. 276, 158 N.W.953(1916)(because amotion was inherent power of a city, the legislature may include in a city's charter specific authority to remove elected officials for official misconduct)); and New Jersey: see Murphy v. Board of Chosen Free- holders, 92 NA.L. 244, 104 A. 304 (1918) (in the absence of statutory authority, a county governing board may not remove an officer it has appointed to a fixed term). 26. 89 N.C. 125 (1883). 27. 148 N.C. 25, 61 S.E. 608 (1908). 28. The narrative of events leading to the Ellison decision is based largely on contem- poraneous accounts in the Raleigh News and Observer,May 8, 1833,at 4,col.3;May 9,1883 at 4,col. 2; May 12, 1883,at 4,col. 1; May 15, 1883,at 4,col. 1;May 16, 1 ,at 2,col. 2& 883 at 4,col.2;and the Raleigh Farmer and Mechanic,May 9, 1883,at 2,col.2;May 23, 1883,at 2, col. 2; June 7, 1883, at 2, col. S. 29. The constitutional provision was N.C. CONST. of 1868, art. XIV, § 7. The five Republicans (four blacks and a white) included a mail carrier,a postal clerk, a janitor in a federal building, a night watchman in a federal building, and an internal revenue clerk. Quite clearly, not all five could be said to hold federal offices. 30. The other case to reach the supreme court was Doyle v. Aldermen of Raleigh, 89 N.C. 133 (188:3). i i 554 WAKE FOREST LAW REVIEW [Vol. 16 given Ellison), and although the causes that justify removal are limited fir✓ (and the cause given for removing Ellison was probably not among them), a municipal corporation possesses the inherent power of amotion, and that power can be exercised by its governing board. Among the counsel for Ellison was Walter Clark, who twenty-five years later, as Chief Justice, reaffirmed Ellison's conclusion that amotion was an inherent power of North Carolina local government. State ex rel. Burke u. Jenkins arose when the town commissioners of Bessemer re- moved the town's elected treasurer from office for paying a claim that the commissioners had forbidden him to pay. Citing many of the authorities relied on in Ellison, but oddly enough not Ellison itself, the court squarely held that the commissioners possessed the power to remove an elected town official for just cause and that they had had just cause in this case." Assuming for the moment that these cases remain good law—a mat- ter to be considered shortly—what are the procedural and substantive s constraints on amotion? In Burke the court indicated that the person be- ing removed was entitled to notice and an opportunity to be heard and f that removal could occur only for just cause. One must look elsewhere, however, for elaboration of these requirements. None of the American decisions recognizing the validity of emotion discusses in detail the procedural requirements of a removal proceeding; therefore, it is appropriate to turn to Judge Dillon's treatise, the most complete treatment of the subject. Dillon's fairly simple strictures bring to mind the due process decisions of the past two decades. The charge against the officer must be specific enough to permit a defense. The of- ficer must receive personal notice of the charge and of the meeting at which it will be heard in time to prepare a defense. And the officer must be given an opportunity to defend himself in an open proceeding at which the evidence for both sides is presented.'' The typical description of amotion indicates that an officer may be removed for"reasonable and just cause.""Whether a removal in a partic- ular case meets that standard is always reviewable by a court. As a result, a body of case law has developed concerning whether specific reasons for removal constitute sufficient cause. Should a North Carolina governing board attempt to exercise the power of amotion, the board and any re- viewing court could examine this case law as well as case law interpreting statutory removal procedures grounded on cause, misconduct in office, s neglect of duty, or similar formulations." As an introduction to that case s 31. "But in this case there was the fullest notice given and opportunity to be heard and sufficient cause shown." 148 N.C. at 28,61 S.E. at 609. 32. 1 J. DILLON,supra note 24, if 188, 191-193. 33. E.g.,State ex rel. Burke v.Jenkins, 148 N.C. 25,61 S.E.608(1908); 1 J. DILLON, supra note 24,1179;2 D.MCQun.LIN,A TmATisa ON Tits LAW OF MUNICIPAL CoRPoIMTIONs 3 662 (1911). 34. Some notion of the magnitude of this case can be acquired by examining 4 E. MCQUILLIN,THs LAW or MUNICIPAL CORPORATIONS It 12.234-.246 (3d ed. 1979). t 19801 REMOVING LOCAL OFFICIALS 555 law, it will be useful to return to the four cases set out at the beginning of this article. r The first case involved councilman Gray, who had moved from the city and so was thought no longer qualified for the office. Ellison, of course, involved a removal on the grounds of alleged lack of legal capacity to hold the office. While the court suggested that emotion might be inap- propriate if the incapacity antedated election to the office,$$ it made no such suggestion concerning a case arising afterwards,as is true in the first ` example. Thus the North Carolina case law indicates that legal incapacity is sufficient cause to justify amotion. The second example, the commissioner who regularly misses meet- ings and is drunk when he does attend, is an easy one. Extreme neglect of duty is clearly just and reasonable cause for removal." The final two examples are problematic, and it will be useful to re- turn one last time to Lord Mansfield. In Richardson he listed three sorts of offenses that justify amotion: (1). Offenses not related to the office but so "infamous . . . as to render the offender unfit"for any public office. (2). Offenses amounting to noncriminal misconduct in office. (3). Offenses that both are criminal and constitute misconduct in office." In the third category, the crime need not be as serious as in the first ' category nor the misconduct as gross as in the second; it is the combina- tion that justifies removal. Dillon cited Mansfield's formulation as author- itative'° and it clearly has pervasively influenced judicial notions of just cause." When the third example, nonpayment of property taxes, is tested against Mansfield's formulation, it apparently fails to meet the cause re- quirement. Nonpayment of property taxes in North Carolina is not a crime, so the first and third categories do not apply. Nor is payment a special duty of elected officials; it is a duty common to all citizens. Be- m. 'The court states that it can find no case allowing removal "for any preexisting impediment affecting [the member's) capacity to hold the office," 89 N.C. 125, 127-28 (1883), and quotes Lord Mansfield to the effect that a preexisting incapacity would not justify removal.Id. Mansfield's language,however,which appears in King v.Mayor of Lyme Regis,99 Eng.Rep.55(K.B. 1779),is based on the English doctrine that an officeholder had n property right in his office. He analogized the officeholder's right to that of a person with pomsession of land. As the latter's title could be tried only by quart impedit,so the office- holder's could be tried only by quo warranto.Although North Carolina accepted the English doctrine of title to office at the time Ellison was decided, it no longer does, Mial v. Elling- ton, 134 N.C. 131,46 S.E.961 (1903),and so the foundation of Lord Mansfield's analogy is gone. Thus it should be possible in North Carolina to use emotion when the cause is a ' preexisting incapacity, as well as when the incapacity arises after the officeholder takes office. i 36. 4 E. MCQUILLIN, supra note 34, § 12.236a. 37. Rex v. Richardson,97 Eng. Rep. 426, 438 (K.B. 1758). 38. 1 J. DILLON,supra note 24, § 189. 39. 4 E. MCQUILLIN,supra note 34, § 12.234. S S (Vol. 16 556 WAKE FOREST LAW REVIEW cause "misconduct in office" refers to conduct connected with the duties of the office and not to conduct as a citizen,'° the second category is inap- x plicable as well. Amotion is not available in Case (3). Nor is amotion available in Case (4).The only possible basis for suffi- cient cause in that case would be a determination that assault upon a female is a crime so infamous that a person convicted of it is unfit for public office.41 To the contrary, it seems quite clear that simple assault is not such a crime. Mansfield decided Richardson at a time when the corn - ' mon law disqualified as a witness a person convicted of an infamous crime,"and it seems likely that, in referring to"infamous"crimes,he was referring to the contemporaneous evidentiary context. If a crime was suf- ficiently infamous to cause the offender's testimony to be suspect, it also should have destroyed his capacity to exercise a public trust. Thus the 1868 Constitution of North Carolina disqualified from office a person con- ; victed of"treason, perjury,or any other infamous crime." 3 In the eviden- tiary context an infamous crime was one that included an element of fraud or deceit, and assault on a female is not such a crime!' The modern statutory case law on sufficient cause also restricts removal after convic- tion of a crime to conviction of felonies and offenses that involve a viola- ; tion of official duties.46 Under accepted standards, then, amotion would seem to be available in Cases (1) and (2). But is it in fact available in those cases, or in any case; that is, do Ellison and Burke remain good law? The easy answer is that of course they do. They were decided by the North Carolina Su- preme Court and have neither been reversed nor questioned. Neverthe- less, that response begs the question whether the present supreme court would follow the two cases. Ellison and Burke are very old cases, one s decided seventy-five years ago and the other almost a century ago. The two relied, for the most part, on contemporary treatises to support their holdings. Those treatises were written when little American case law was a 40. E.g.,Clark v.Weeks,414 F.Supp.703(N.D.111. 1976). In Clark the court upheld a statute that permitted removal of a county treasurer for "misconduct in office," against a ' challenge of unconstitutional vagueness, on the ground that the statute referred only to conduct closely related to official duties and did not extend to actions having no connection with those duties. Id. In Wilson v. Council of Highland Park, 284 Mich. 96,278 N.W. 778 ° (1939), the court held that membership in the Black Legion, a violent secret society, was insufficient cause for removal of a city council member. No fault had been found in any of the council member's official actions. "The misconduct charged and established must be something which plaintiff did or did not do in his official capacity."Id. at_, 278 N.W. at 778. 41. If assault on a female were a felony,conviction would disqualify the offender from office under the constitution,N.C.CONsT.art.V,§8,and amotion would then be available if necessary. 3 42. 2 J. WIGMORE, EVIDENCE IN TRIALS AT COMMON LAW § 519 (3d ed. J. Chadbourn 1979). f 43. N.C. CONST. of 1868, art. VI, § 8. This provision was modified in 1900 to what is essentially its present form, which disqualifies a person convicted of any felony. 44. 2 J. WIGMORE,supra note 42, § 520. 45. 4 E. MCQmLLIN,supra note 34, § 12.241. a i 1 r i 19801 REMOVING LOCAL OFFICIALS 557 available on the subject, and what law existed was more prescriptive than descriptive. The present leading treatise on municipal corporations, which is more descriptive than Dillon, suggests there is no inherent right of emotion." Because the two North Carolina cases were decided on the basis of the contemporary "common law" of municipal corporations, a modern court might believe the change in that "common law" compels a reversal of the cases. Reversal, however, would be unfortunate. The modern case law sim- ply is neither sufficiently plentiful nor uniform to support a claim that ` the notion of an inherent power of amotion is obsolete. Furthermore, the policy reasons that justified emotion in the late nineteenth and early twentieth centuries remain valid today. Since 1884, when Ellison was decided, the question whether local governments possess an inherent power of amotion has been considered € in only nine states. Many states have established removal procedures by 3 statute or constitution, and such procedures have obviated the need to consider whether amotion is inherent. Moreover, of those nine states, five held or implied that the power of amotion existed, but only four held or simplied the reverse; and the most recent case, in 1943, is among the for- ; mar group!7 These are weak grounds for arguing that the common law has reversed itself since 1894. Furthermore, the policies behind Ellison and Burke and their English predecessors remain valid today. In Richardson Lord Mansfield noted that if the power of emotion did not exist there would be no way of removing from office persons deserving removal. The doctrine was neces- sary to the basic operation of the corporation. That underlying rationale was explicitly recognized in a 1911 California case that held it unneces- sary to imply an inherent city power of amotion because a statutory re- moval procedure already existed."But in North Carolina no general scat- ! utory procedure exists permitting removal of a local elected official for { cause. Quo warranto, if brought promptly, would be available in a limited number of instances, but in many others, such as Case (2), it would not be available. If amotion were attempted in such a case, the officer whose removal was sought would have ample judicial protection. Immediate re- lief should be available if procedural protections were absent,and the suf- ficiency of cause could be tested by quo warranto if the vacancy had been 46. Id. § 12.231. ("The rule usually applied is that, unless the law provides to the contrary,any officer elected by popular vote for a definite period can be removed from office only by impeachment, or by judgment of forfeiture of a competent juridical tribunal.") It t should be noted that McQuillin's treatise also contains language generally supporting the inherent power of amotion: "Unless mentioned in the constitution, municipal officers are corporate officers and not constitutional officers,and the power to remove such officers for just cause,whether so declared in the charter or applicable legislative act or not,is inherent in municipal cgrporations." Id. § 12.230. This language in section 12.230 dates from the original 1911 edition; the language in section 12.231 dates from the 1928 second edition. Succeeding editors apparently have never sought to reconcile the two sections. 47. The cases are set out in note 21 supra. 48. l.egault v. Board of Trustees, 161 Cal. 197, 118 P. 706 (1911). s k t 558 WAKE FOREST LAW REVIEW [Vol. 16 filled or by mandamus if the vacancy had not been filled. In the absence of emotion,however, the county or city would have no general protection against an officeholder who had given cause for removal. IV. LzGISLATIVB REMOVAL The last potential method of removal to be explored is removal by legislative act. That is, may the General Assembly pass an act declaring that the incumbent of a particular local elected office is removed, either naming or providing for the appointment of a successor? There is no North Carolina case law directly on point and little from anywhere else. A number of cases from other states contain strong lan- guage affirming this sort of legislative power,•• but apparently the only case that directly addresses the question is People ex rel. Robertson v. Van Gastrin," a Montana case decided while that state was still a terri- tory. In Robertson the Montana court upheld a territorial act that de- clared vacant the offices of county commissioner in Custer County and then filled the three resulting vacancies. One case decided by a territorial court a century ago is fragile support for the power in North Carolina; thus it will be more useful to look to North Carolina law for an answer. Four general points of North Carolina law support a conclusion that the General Assembly may remove a local elected official by legislative act. First, the General Assembly has plenary authority over local govern- ? went, both against local governments themselves and against citizens." The General Assembly enjoys final authority to decide what kind of local government shall exist in an area, what its structure shall be, which of- fices are elective and which appointive, and so on. Citizens have no con- stitutional claim to an electoral voice as to whether they are part of a particular county or city," nor have they a"vested right in the election of any officer except as that mode of selection may be guaranteed by the 49. E.g., State ex rel. Watson v. Crooke, 153 Fla. 694, 698, 15 So. 2d 675,676 (1943) (the legislature's "plenary authority"over local government includes"the power to abolish, an office or change the incumbent thereof");Attorney Gen.ex rel. Rich v.Jochin,99 Mich. 358,368,58 N.W.611,614(1894)("The legislature may remove officers,not only by abolish- ; ing the office, but by an act declaring it vacant."). 50. 5 Mont. 352, 6 P. 30 (1885). r 51. The Legislature has full and complete power to create a municipal corpora- tion. It may determine when and how the corporation may come into existence, the powers which it may exercise,the area in which the corporation may act,the number of officials to perform its corporate functions, and other incidental matters. Starbuck v. Town of Havelock, 252 N.C. 176, 178, 113 S.E.2d 278, 280 (1960). 52. Hunter v. City of Pittsburgh, 207 U.S. 161 (1907). The City of Pittsburgh had sought to annex the City of Allegheny. In compliance with Pennsylvania's law, an election was held in which a majority of voters from the two towns favored annexation, though the majority of voters in Allegheny, taken alone, opposed annexation. The Allegheny voters' complaint of deprivation of property without due process of law was dismissed.The election and annexation had proceeded according to statute, and the power to modify municipal government was seen to "rest in the absolute discretion of the State."Id. at 178, i j rw i F 19801 REMOVING LOCAL OFFICIALS 559 constitution."6' Second, no office holder, elected or appointed, has any common law property interest in his office."' These first two points estab- lish the context within which inquiry must proceed. North Carolina is not a home-rule state; rather, the General Assembly has a free hand, except as it is barred by specific constitutional provisions, in establishing the governmental structure of the State. Any argument that the General As- sembly may not legislatively remove a local officer must proceed in this context. Next, the General Assembly may abolish an elected office and create another to perform essentially the same duties.66 In State ex rel. O'Neal v. Jennett the General Assembly abolished a five-member board of county commissioners, whose members had been elected only a few months before, and replaced it with a three-member board of managers. One of the five elected commissioners was appointed a manager, but the other four were simply out of office. The supreme court held the General k Assembly's action proper. s Finally, the General Assembly may lengthen or shorten the term of an elected office and apply the change to the current incumbent 66 These last two cases indicate clear paths to indirect legislative removal of a local official. Following O'Neal, the General Assembly might abolish the board on which the officeholder in question served and replace it with another, differently-named board. The members of the abolished board, save the one to be removed, could then be appointed to the new board.57 Alterna- tively, under Penny, the term of office of the officeholder might be so shortened as to be completed, and another person could be appointed to Ce begin the new term. When the substance of legislative removal can be so easily attained, it makes little sense to argue about the form. With excep- tion discussed in the next paragraph, direct removal by legislative act is apparently possible in North Carolina. 53. Penny v. Salmon, 217 N.C. 276, 279, 7 S.E.2d 559, 561 (1940) (upholding the ex- tension of the term of a sitting register of deeds from two years to four years). 54. Mial v. Ellington, 1:14 N.C. 131, 46 S.E. 961 (190:1). 55, State ex rel. O'Neal v. .lennette, 190 N.C. 96, 129 S.F. 184 (1925). 56. Penny v. Salmon, 217 N.C. 276, 7 S.E.2d 559 (1940). 57. It is sometimes argued that if an office is to he abolished, it must be abolished in fact and not simply reconstituted under a new name.The leading case for this proposition is Malone v. Williams, 118 Tenn. :19o, 10:1 S.E. 798 (1907). In Malone the 'Tennessee legisla- ture had enacted an extensive revision of the Memphis city charter.The revision abolished t the offices of city tax assessor, city attorney and assistant city attorney,judge and clerk of city court, and mayor, replacing them with the offices of city assessor, city counselor and assistant city counselor,judge and clerk of corporation court,and president.The court held the exercise to be invalid. Because this case relied extensively on North Carolina case law in reaching its conclusion, it might be thought to represent an implicit condition to the broad reach of O'Neal. The North Carolina case law cited in Malone, however,all began with the notion that an officeholder held a property right in his olfice,which had been settled law in North Carolina since Hoke v. Henderson, 15 N.C. (4 Dev.) 1 (1833). But Hoke, of course, was finally reversed by Mini v. Ellington, 134 N.C. 131,46 S.E.961 (1903),and the essential basis for those earlier cases cited in Malone was therefore lost. Malone ought to have no impact on North Carolina law. • I I i 1 i i 560 WAKE FOREST LAW REVIEW [Vol. 16 The exception is that in narrow circumstances'a legislative removal might be successfully challenged as a bill of attainder." Mr. Justice Black defined such a bill as a legislative act that applies "either to named indi- viduals or to easily ascertainable members of a group in such a way as to inflict punishment on them without a judicial trial."" In its most recent discussion of the bill of attainder clause," the Su- preme Court set out three alternative tests for determining if a particular legislative act, applying to one person, imposes such a punishment so as to strongly suggest that the act is a bill of attainder. The first test is historical, looking to the traditional punishments imposed by a bill of at- tainder in England, such as death, imprisonment, and exile!' Removal from local elective office is not a traditional punishment. The second test is functional, involving a determination whether the act furthers some nonpunitive legislative purpose" If it does not, the act is probably a bill of attainder. State legislatures have a legitimate interest in the proper administration of local government, and furtherance of that interest, usu- ally the motivating force behind a legislative removal, should offer suffi- cient nonpunitive support for a removal act. The third test is motiva- tional: does the legislative record evince a legislative intention to punish?" It is the third test that occasionally might be failed by a re- moval act. If, for example, a removal act contained "whereas" clauses in- dicating that the purpose of the removal was to punish or penalize the elected officer, because of conduct the legislature thought blameworthy, that act might be considered a bill of attainder. In the absence of such a showing of legislative intent, however, the justifiable nonpunitive pur- poses of a removal act should protect it against challenges based on the bill of attainder clause. Legislative removal would presumably not be limited to cause. Such s a removal would be a legislative act, and courts are traditionally unwilling to look behind such an act, valid on its face, in order to judge the inten- tion of the legislators.°' Only if the removal were motivated by constitu- 58. "No State shall . . . pass any Bill of Attainder. . . ."U.S.CoNaT.art. 1,S 10,cl. 1. 59. United States v. Lovett, 328 U.S. 303, 315 (1946). ' 60. Nixon v. Administrator of Gen. Serve., 433 U.S. 425 (1977). 61. In England a bill of attainder imposed a death penalty, and legislative measures ' imposing lesser penalties were known as bills of pains and penalties.It is clear that the bills of attainder proscribed by the Constitution also include bills of pains and penalties. Id. at 473-74. 62. Id.at 475-78.Congress'stated purposes of preserving evidence for future trials and safeguarding information of historical interest were characterized as "plainly . . . non- punitive." Id. at 477. 63. Id. at 478-79. The Court placed great weight on the legislative history of the Act, which revealed "no aspersions on appellant's personal conduct and contain[ed] no condem- nation of his behavior as meriting the infliction of punishment." Id. at 479. 64. Clark's Greenville, Inc. v. West, 268 N.C. 527, 151 S.E.2d 5 (1966). The plaintiff alleged that the city's Sunday-closing ordinance had been adopted "to destroy plaintiff's competitive advantage"over merchants not wishing to stay open on Sundays.The supreme court refused to look into the city council's motives,however,holding that a court would not i I i 19801 REMOVING LOCAL OFFICIALS 561 tionally improper considerations, such as race,""should it be open to chal- lenge. It ought, therefore, to be available in each of the four cases set out at the beginning of the article. Despite its availability, legislative removal is likely to be rarely at- tempted. The General Assembly is in session only about six or seven months out of each twenty-four; thus legislative removal usually will not be a timely method. Furthermore, because legislators normally seek to avoid entanglement in local government disputes, a legislator could be expected to seek any excuse for not introducing and supporting a removal bill. One such excuse would be the apparent availability of amotion, which would in many instances permit a local solution of a local problem. Here too, though, the practical availability may be more apparent than ' real, because the questions about the continued validity of the North Car- ` olina amotion cases might well cause many boards to seek some other method. Only some sort of legislative recognition or replacement for amo- tion would lead to any appreciable use of the method. That leaves only quo warranto,with its inherent constraints of limited grounds and a short statute of limitations. While there may be, in theoretical fact, three meth- ods of removing a local elected official, in many cases there will be in practice none at all. "inquire into the motives which prompted a municipal legislative body to enact an ordi- nance valid on its face." !d. at 530, 151 S.H.2d at 7-8. 65_ (y. Comillion v. Lightfoot, 364 U.S. 339(19611) (an allegation that a legislative act { redefining the boundaries of,ruskegee,Alabama,with the effect of removing from the town almost all black residents but no white residents, was held to state a cause of action for violation of the fifteenth amendment because the effect indicated a legislative intent of segregation). i 5/19/13 1 Second that Amotion I Coates'Canons:NC Local GoNernment Law Blog • Hojm ® • About this Blog • About the Authors • RSS Feed • Sunday, May 19 2013 Blog Topics • Board Structure & Procedures • Commututy& Economic Dcvclopnicnt • Elections • ze Tene Mama-emcnt • Ethics&Conflicts • Finance&Tax • General Local Government • Land Use &Code Enforcement • legislative Updates • Mental Health • OOpen Government • Public Health • Purchasing, Constructiom Propert Transactions • Social Services Author Archives • Flen-ii Bell(RSS) • Guest Bloom=er (RSS) • Frayda Bluestein (RSS) • Mark Botts(RSS) • Michael Crowell (RSS) • Shea Dermin (RSS) • Richard Ducker (RSS) • Noma Houston canons.sog.unc.edu/?p=1139 1/6 5/19/13 1 Second that Amotion Coates'Canons:NC Local Government Law Blog I (ESS) ' • Robert Joyce (RSS) • Diane Jufli•as (RSS) • David Lawrcncc (RSS) • Adam Lovcladv (RSS) • Chris McLaughlin (RSS) • Kara Millonz-i (RSS) • JM Moore (ASS') i • Tyler Mulligan W—S) • David Owens 3 (RS-2 I • Chuck Szypszak (RSS) I • Aimee Wall(RSS) • Eileen R Youens (RSS) • Scial Zota (RSS) .1.1 Print This Post 'i Second that Amotion Wednesday, October 28,2009 F By Frayda Bluestein f ` With apologies to Smokey Robinson and the Miracles, and with assurances that I haven't left out the space in"a i motion,"this post addresses a question about whether a ENorth Carolina local governing board has authority to oust one of its members. As noted inFlemu►g Bell's earlier past state law now requires local govemments to enact codes of ethics. A question that arises is whether a local code can include a provision for removal of a member who violates the code or engages in other behavior deemed sufficient for removal. There is no specific authority for such removal by the body itself. David Lawrence wrote an article ui 1980 that discusses three possible grounds for removing local elected officials from office. Removing Local Elected Officials from ice in North Carolina, Wake Forest L. Rev. VoL 16, o. 4 (1980),pp. 547-561. One of the grounds he 1 discusses is "arnotion,"which has its roots in English g common law and is based on an inherent right of a corporation to remove an officer for specific types of i s canons.scg.unc.edul?p=1139 y6 i � 8 i 5//19113 1 Second that Amotion Coates'Canons:NC Local Go%ernment Law Blog malfeasance. As David notes in his article(the pertinent section is eaceilAcd here), several North Carolina cases applied the doctrine in local government settings 100 years Amok The most recent North Carolina case to mention the I %4octrine was in 1935, though the case involved the I removal of an appointed, rather than an elected official. (Stephens v. Dowell, 208 N.C. 555, 561 (1935), "The power to remove a corporate officer fiom his once for reasonable and just cause is one of the common law incidents of all corporations."emphasis in original, citing Burke v. Jenkins, 148 N.C. 25,27 (1908), and 1 Dillon Mun. Corp. (4 ed)sec. 240.) i I The current edition ofMcQuillin's treatise on Municipal ! Corporations recognizes the basic power of amotion, and states that"in the absence of either express grant or of express or implied limitation of authority, a municipal corporation...possesses the incidental power to remove corporate officers for cause, whether elected by the corporation or by the people."Section 12.230, 3rd ed. (2002). Still, it's hard to find cases within the last 50 years that rely solely on the cornunon law authority for removal, especially since many local governments have state statutes or charter provisions that provide fbr removal on other specified grounds. The most recent case I found ,t cites to the power of anotion does so in reference to C; ,rivate,rather than a municipal corporation. See,State ex rel. Smith. v. Evans, 547 S.E.2d 278,W.Va.(2001). It's unclear whether a North Carolina court would uphold i removal of a board member based on arnotion as enunciated in these old cases. Despite their vintage, and in the absence of specific legislative displacement of the common law, a court might find that the inherent power still exists, especially if a case presented a clear need to preserve the integrity of the board and serve the public interest,with no other available rernedy. (North Carolina provides no general right ofpublic recall of elected officials,though a few cities have charter provisions allowing it.) Should removal be included in a local code of ethics as a remedy for violation of the code or other misdeeds? Adopting a local code that includes the power of removal cannot legally create authority that doesn't otherwise exist. It may serve to restate the common law grounds for removal, but it would still be up to a court, in the event of a legal challenge, to determine whether the authority exists s I whether it has been properly exercised. If a local board chooses to rely on cornnnon law authority for removal, a local ethics code could establish the i standards for removal of a board member, and set out the { process that would be used. This would be extremely i ' canons.sog.unc.edu/?p=1139 3/6 E e 5119113 1 Second that Amotion I Coates'Canons:NC Local Government Law Blog 3 nnportant. The coniinon law grounds for removal by ' at the original case in 175 are ! ainotion as delineated m 8 quite specific. As sun3inarized in the Lawrence article, they I E "1)Offenses not related to the office but so j ji nitamous...as to render the offender unfit' for any public 1 office;2)Offenses amounting to noncriminal misconduct in office; and 3)Offenses that both are criminal and constitute misconduct in office."Lawrence,p. 555, citing Rex. V. Richardson, 97 Eng. Rep. 426, 438 (K.B. 1758). Suice there is no authority for removal based on any other grounds(removal"for cause"is a common standard in other states), a local code might need to set out these grounds as guidance about the allowable bases for removal. In addition, the cases from North Carolina and elsewhere make clear that summary removal is not a proper exercise of this inherent power. A local code allownig removal should lay out the process for providuug notice and an opportunity for a response. Removal isn't the only remedy for code of ethics violations. Indeed, codes ni<ay be aspirational rather than prohibitive(See, Bell, Ethics, Coyjlicts, and Offices:A Guide for Local Officials, p. 36), and in such cases, no remedy for a violation would be necessary. State law creates independent liability for some types of board member misdeeds,especially those involving financial rests. (See, e.g., G.S. 14-234, 234.1, and G.S. 133- 32.)A separate statute, G.S. 14-230,creates liability and possible removal as a sanction for willful failure to discharge the duties of the office. Other actions may cause f a person to lose his or her eligibility for office(such as not being a resident or coninitting a felony), iii which case an action may be brought to dcterriine the person's right to remain in office. (See section I of the Lawrence article discussing the civil action in the nature of"quo ivarranl of And finally, a board is free to censure a fellow member, that is,to express in a resolution its displeasure or disapproval of a member's actions. While this may not ? seem to be much ui the way of sanction it does provide information relevant to the public at large,which may choose to use its power of removal when the board member is up for reelection i This entry was posted on Wednesday,October28th,2009 at 7:38 AM and is filed under Board Stiucture&Procedures,Ethics& Conflicts,General Local Government.You can follow any responses to this entry through the RSS 2.0 feed. Clune Response to I Second that Amodon i 1. s canons.sog.unc.edu/?p=1139 4/6 k 5/19/g3 1 Second that Amotion Coates'Canons:NC Local Government Law Blog Gene Cohen on October 30, 2009 at 2:17 PM i some indirect reference to this common law principle of t annotion was included in a local act from 2005 which E t established a statutory procedure for the Cornelius Town i Board of Commissioners to remove its members for cause: ' http 1www nc leg.nct/cna c tcdlcgi la tion/sessionlaws/httnV2005- { f 2006/sl2005-188.htm1 "(d)In the case of a conflict between this section and any j other provision of this Charter, a Town ordinance, or I other statute or common law,this section shall prevail to the extent of the conflict." 4 i The issue ofamotion was discussed in the House local goverrunent committee meeting on that legislation and a f nnention of the common law principle was included in the bill,though it does not use the word"amotion"that is the only contrron law removal princial that relates to local governing boards. I'd say that was statutory recognition of a the continuing validity ofthe doctrine. i a Reply 4 Leave a Reply Enter your comment here... B f i iSearch & Hit Enter 4 G Links i a • Schoolof i Government • SOG Local Govt. i I Law wcbsite P t Resources E • housing Codes for i Repair and Maintenance:Usk i the General Police Power and Mininurn Housing Statutes to Prevent Dwclliit* Deterioration • Now Available— P Coates' Canons i Local Goveriuncnt canons.sog.unc.edu!?p=1139 5/6 S E 5119/1,3 1 Second that Amotion Coates'Canons:NC Local Government Law Blog j Law BloJ I CQnptlation' 5 Package oF2009- 10 and January-- Ruic 2011 PDFs E Recent i Comments r • Angie on What Do ! You Mean I Can't Start Up MY j Business Agana? • Adam Lovelady on Who says I can't rezone my i rezonuie? • Michael Sandy on ' Who says I can't f ! rezone my k rezoning? • Chris McLaughlin on NC Appcilate Court Defines "Uwnciship"For Property l'ax g Excm tlons 6 • Chris McLaughlin on The N.C. Constitution's I Uniformity Clause Archives 'Select Month ©2009 to Present i All Rights Reserved Knapp-Sanders Building Campus Box 3330 I UNC-Chapel Hill, Chapel Hill,NC 27599-3330 F T:919.966.5381 IF:919.962.0654 i i i E e R i 6/6 canons.sog.unc.edu/?p=1139 Commissioner Berger's Attendance Record December 6, 2010 through Present e . Date of Meeting Type of Meeting Start Time Berger's Arrival Time 12/06/2010 Regular 6:00 p.m. On time 12/16/2010 Agenda Review 4:00 p..m. Tardy 12/20/2010 Regular 9:00 a.m. On time 1/03/2011 Regular 6:00 p.m. On time 1/13/2011 Agenda Review 4:30 p.m. On time t 1/14/2011 Special 8:30 a.m. Tardy �,- 1/182011 Regular 9:00 a.m. Tardy 4 1/27-28/2011 Work Session 8:30 a.m. On time 2/15/2011 Special 8:30 a.m. On time 2/17/2011 Agenda Review 4:00 p.m. Tardy 2/21/2011 Special 4:09 p.m. Tardy 2/21/2011 Regular 6:00 p.m. On time 3/05/2011 Special 9:37 a.m. On time 3/05/2011 Closed Session E3:10 a.m. On time 3/10/2011 Work Session p.m. On time 3/10/2011 Agenda Review 4:15 g p.m. On time 3/14/2011 Regular 3:00 p.m. On time 3/31/2011 Agenda Review 4:00 p.m. On time 3/31/2011 Closed Session 4:15 p.m. Tardy 4/04/2011 Regular 6:00 P.M. Tardy 4/14/2011 Work Session 3:04 p.m. Tardy 4/14/2011 Agenda Review 4:25 p.m. On time 4/18/2011 Regular 9:00 a.m. Tardy 4/28/2011 Joint with NHRMC 2:30 p.m. Tardy 4/28/2011 Closed Session 2:34 p.m. Tardy 4/28/2011 Agenda Review 4:31 p.m. On time 5/02/2011 Work Session 4:00 p.m. On time 5/02/2011 Regular 6:00 p.m. On time 15/03/2011 Joint with CoW 8:30 a.m. On time 5/12/2011 Agenda Review 4:00 p.m. Tardy 5/12/2011 Work Session 4:40 p.m. On time 5/13/2011 Joint with BoE 8:30 a.m. Absent 5/16/2011 Regular 9:00 a.m. On time RT I E A TRUE COPY 1 , Clerk ew anover County Commissioners y i f' Commissioner Berger's Attendance Record December 6, 2010 through Present 5/16/2011 Work Session 1:45 p.m. On time 6/02/2011 Agenda Review 4:00 p.m. On time 6/06/2011 Regular 6:00 p.m. On time 6/16/2011 Agenda Review 4:00 p.m. Tardy 6/20/2011 Regular 9:00 a.m. On time 7/07/2011 Agenda Review 4:00 p.m. On time 7/11/2011 Regular 2:00 p.m. On time 7/11/2011 Closed Session 2:04 p.m. On time 7/28/2011 Agenda Review 4:00 p.m. On time 8/01/2011 Regular 6:00 p.m. On time 8/11/2011 Agenda Review 4:00 p.m. On time 8/15/2011 Regular 9:00 a.m. Tardy 8/15/2011 Work Session 12:56 p.m. Tardy 9/01/2011 Agenda Review 4:00 p.m. On time 9/06/2011 Regular 6:00 p.m. On time 9/19/2011 Regular 9:00 a.m. On time 9/29/2011 Agenda Review 4:00 p.m. Tardy 9/30/2011 Joint with KB 8:30 a.m. On time 10/03/2011 Regular 4:00 p.m. t Tardy 10/03/2011 Closed Session 4:04 p.m. Tardy 10/17/2011 Regular 9:00 a.m. On time 11/03/2011 Agenda Review 4:00 p.m. Tardy 11/07/2011 Regular 6:00 p.m. Tardy 11/17/2011 Agenda Review 4:00 p.m. Tardy 11/21/2011 Regular 9:00 a.m. Tardy 12/01/2011 Agenda Review 4:00 p.m. Tardy 12/05/2011 Regular 6:00 p.m. Tardy 12/05/2011 Closed Session 6:30 pm. On time 12/15/2011 Agenda Review 4:00 p.m. On time 12/15/2011 Closed Session 5:10 p.m. On time 12/19/2011 Regular 9:00 a.m. Tardy 1/19/2012 Agenda Review 3:00 p.m. Tardy 1/23/2012 Regular 9:00 a.m. On time 1/23/2012 Closed Session 11:20 a.m. On time 2/02/2012 Agenda Review 4:00 p.m. Tardy 2/02/2012 Closed Session 4:34 p. On time rfI t-A-TKUE COPY 2 Al , Clerk ew over o nt Commissioners i i r Commissioner Berger's Attendance Record t December 6, 2010 through Present 2/06/2012 Regular 6:00 p.m. Tardy i 2/20/2012 Regular 9:00 a.m. 00n ardy 3/08/2012 Agenda Review 4:00 p.m. ardy 3/12/2012 Regular 3:00 p.m. ardy 3/29/2012 Agenda Review 3:00 p.m. time 3/29/2012 Closed Session 4:16 p.m. time 4/02/2012 Regular 6:00 p.m. time 4/10/2012 Agenda Review 3:00 p.m. rdy 4/10/2012 Work Session 3:20 p.m. On time 4/16/2012 Regular 9:00 a.m. Tardy 5/03/2012 Agenda Review 4:00 p.m. Tardy 5/07/2012 Regular 6:00 p.m. Tardy 5/11/2012 Special 8:30 a.m. On time 5/17/2012 Joint with Airport 8:00 a.m. Absent 5/17/2012 Agenda Review 4:00 p.m. Absent 5/21/2012 Regular 9:00 a.m. Tardy 5/21/2012 Closed Session 3:09 p.m. On time 5/31/2012 Agenda Review 4:00 p.m. Tardy 6/04/2012 Work Session 4:00 p.m. Absent 6/04/2012 Regular 6:00 p.m. On time 6/08/2012 Special 8:50 a.m. Absent 6/14/2012 Agenda Review 4:00 p.m. Absent 6/18/2012 Regular 9:00 a.m. Tardy 6/28/2012 Agenda Review 4:00 p.m. Tardy 7/02/2012 Regular 6:00 p.m. Tardy 7/19/2012 Agenda Review 4:00 p.m. Tardy 7/23/2012 Regular 9:00 a.m. Tardy 7/25/2012 Joint with CB and KB 9:00 a.m. Tardy 8/02/2012 Agenda Review 4:00 p.m. Absent 8/06/2012 Regular 6:00 p.m. On time 8/09/2012 Joint with CoW 9:00 a.m. Tardy 8/20/2012 Regular 9:00 a.m. Tardy 8/20/2012 Work Session 11:05 a.m. On time 8/30/2012 Work Session 3:00 p.m. On time 8/30/2012 Agenda Review 3:45 p.m. On time 9/04/2012 Regular 6:00 p. On time A TRUE COPY 3 Clerk New anover ounty Commissione-- I t t Commissioner Berger's Attendance Record December 6, 2010 through Present 9/13/2012 Work Session 1:00 P.M. AOn t 9/13/2012 Work Session 2:09 P.M. 9/13/2012 Agenda Review 3:55 p.m. e 9/17/2012 Regular 9:00 a.m. e 9/27/2012 Agenda Review 3:00 P.M. Tardy 10/01/2012 Regular 6:00 p.m. On time 10/05/2012 Special 4:40 p.m. On time E 10/15/2012 Regular 9:00 a.m. Absent 11/08/2012 Agenda Review 4:00 p.m. Tardy 11/13/2012 Regular 1:00 P.M. Tardy 11/13/2012 Closed Session 1:05 p.m. Tardy j 11/29/2012 Agenda Review 4:00 p.m. Tardy 12/03/2012 Regular 6:04 p.m. Tardy 12/13/2012 Agenda Review 4:00 p.m. On time 12/14/2012 Special 1:02 p.m. Tardy 12/17/2012 Regular 9:00 a.m. On time 1/03/2013 Agenda Review 4:00 p.m. Tardy 1/07/2013 Regular 6:00 p.m. Tardy 1/17/2013 Agenda Review 4:00 p.m. On time 1/22/2013 Regular 9:00 a.m. Tardy 2/08/2013 Budget Work Session 9:00 a.m. Tardy, 2/14/2013 Agenda Review 4:00 p.m. Absent 2/18/2013 Regular 9:00 a.m. On time 3/07/2013 Agenda Review 4:00 p.m. Absent 3/11/2013 Regular 4:00 p.m. Tardy 4/04/2013 Agenda Review 4:00 p.m. Absent 4/08/2013 Regular 6:00 p.m. Tardy 4 , Clerk New County Commissioners R i i v orkspace Webmail :: Print Page 1 of 3 f Print Close Window Subject: [FWD: request for information] From: chris @anglinlawfirm.com Date: Thu, May 16, 2013 10:13 am To: "Ian Richardson"<lan @anglinlawfirm.com> Attach: Wanda Copley Letter.pdf F i i Regards, E I Christopher I. Anglin t _ c ? Anglin Law Firm, PLLC I 3824 Barrett Drive, Suite 301 1 Raleigh, NC 27609 T:(919) 803-1516 F:(919) 803-1517 www.anglinlawfirm.com '_; http://www.youtube-com/watch?v=qd99P38xobw j f CONFIDENTIALITY NOTICE i This e-mail is intended only for the addressee named above. It contains information that may i be attorney-client privileged, confidential or otherwise protected from use and disclosure. If you are not the intended recipient, you are hereby notified that any review, disclosure, copying, or dissemination of this transmission, or taking of any action in reliance on its contents, or other use is strictly prohibited. If you have received this transmission in error, please reply to the sender listed above immediately and permanently delete this message from your inbox. Thank you for your cooperation. I f i ' ------ Original Message -------- I Subject: request for information i From: "Schult, Sheila" <SSchult nhcgov.com> Date: Thu, May 16, 2013 1:05 pm To: "'chris @anglinlawfirm.com"' <chris @anglinlawfirm.com> Cc: "Copley, Wanda" <WCopley nhcgov.com>, "Huffman, Sharon" <SHuffman@nhcgov.com>, "Crowell, Kym" <KCrowell @nhcgov.com>, "Elmore, i Teresa" <TElmore @nhcgov.com> i Good afternoon Mr. Anglin, County Attorney Wanda Copley has forwarded your email to me that contains a request for the i commissioners attendance records at meetings. i Our minutes serve as the attendance records for the commissioners for all official meetings of the New Hanover County Board of Commissioners and can be found through a link on our- ; website. Our listing of minutes on this site goes back to the 1800's through the last set of ' approved minutes. Please follow these steps to access our minutes: i httns://emaill0.secureserver.net/view_print_multi.php?uidArray=665iINBOX&aEmlPart=O 5/17/2013 3 1 K Workspace Webmail :: Print Page 3 of 3 E Attached to this email is a copy the letter asking for a continuance and my notice of ILappearance. Also, at the hearing will the North Carolina Rules of Evidence apply and i i would it be possible to get a copy of the attendance records for all of the commissioners from 2011 to the present date? Thank you for the help and let me know if you have any questions. i Regards, k f s 3 Christopher J. Anglin s Anglin Law Firm, PLLC 3824 Barrett Drive, Suite 301 Raleigh, NC 27609 T:(919) 803-1516 F:(919) 803-1517 www.anglinlawfirm.com z http://www.youtube.com/watch?v=cid99P38xobw i CONFIDENTIALITY NOTICE This e-mail is intended only for the addressee named above. It contains information r that may be attorney-client privileged, confidential or otherwise protected from use and disclosure. If you are not the intended recipient, you are hereby notified that any review, disclosure, copying, or dissemination of this transmission, or taking of any I action in reliance on its contents, or other use is strictly prohibited. If you have received this transmission in error, please reply to the sender listed above immediately and permanently delete this message from your inbox. Thank you for your cooperation. Copyright©2003-2013.All rights reserved. hops://emai110.secureserver.net/view_print_multi.php?uidArray=6651INBOX&aEmlPart=O 5/17/2013 3 i i NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 SPECIAL MEETING,JANUARY 14,2011 PAGE 110 ASSEMBLY Tlue New Hanover County Board of Commissioners met for a Special Meeting on Friday,January 14,2011, at 8:30 a.m. in the Harrell Conference Room at the New Hanover Comity Government Center, 230 Government Center Drive,Wilmington,North Carolina. Members present were: Chairman Jonathan Barfield, Jr.; Vice-Chairmen Jason R. Thompson: Commissioner Brian M.Berger;Commissioner Richard G.Catlin;Counh,Attorney Wanda M.Copley;Clerk to the Board Sheila L.Schulz;Cowry Manager Bruce T.Shell and Assistant County Managers Andre'Malletle and Chris Coudrict. I Commissioner Ted Davis,Jr.was absent. Legislators present were: Representative Carolyn Justice;Representative Danny McComas;Representative Susi Hamilton:and Senator-Elect Thom Goolsbv. WELCOME AND INVOCATION Chairman Barfield welcomed everyone present and announced that the meeting was being held in honor of our local legislative delegation with the purpose to allow the delegation to meet with the Commissioners to get acquainted. Vice-Chairman Thompson provided the invocation. DISCUSSION WiTH LOCAL STATE LEGISLATORS Discussion was held%itit tine local Slate Legislators concerning the following issues: • Airport Authority members serving at the"pleasure of the Board of Commissioners." The Legislators requested the Board present the request to change legislation in the form of a unanimous resolution with the wording that Airport Authority members can be removed by a "unanimous loss of confidence of the Board of Commissioners." • ABC privatization The Legislators assured the Board that when reviewing this issue they would I work to ensure that any changes made,would hold counties Inamiless. s • Property crime sentencing. Discussion focused on the need to slop the"revolving door"from repeal property crime felons. • Economic development and job creation which includes fitrtiter development of the arts and filming industry. • Potential Stale budget cuts to education. The legislators requested a Board-approved list of education priorities(i.e.Smart Start,More at Four,etc). • Forced Annexation. Discussion focused on the need to change the annexation laws. Vice-Chainnan Thompson presented the following issues for discussion: • A Local Act to elect the chairman of the New Hanover County Board of Commissioners for two-_year terms. t • A North Carolina Constitutional Amendment limiting the tens of County Commissioners to two consecutive four-year terms. • A Local Act to allow the County to impound motor vehicles that do not have valid license plates. r registration,or insurance. After discussion,the Legislators requested that the Board unanimously approve a formal list of priorities, compiled in resolution form,and then schedule a meeting in the next thirty days to meet,review,and discuss the priorities. s ADJOURNMENT There being no f uiher discussion,Chairman Barfield thanked the Legislators for their time and adjourned the Special Meeting at 10:00 a.m. Respectfully submitted, Sheila L.Schult Clerk to the Board s :i k i NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JANUARY 18,2011 PAGE 111 i ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Tuesday,January 18.2011. at 9:00 a.m.in the Assembly Room of(lie New Hanover County Courthouse.24 Nordn Third Street. Wilmington. ' NC. Members present were: Chairmmr lonaU>an Barfield, Jr.: Vice-Chairman Jason R. Thompson; Commissioner Brian M.Berger:Commissioner Richard G.Catlin:County Attorney Wanda M.Copley; Clerk to the Board Sheila L.Schult;and County Manger Bruce T.Shell. i Commissioner Ted Davis,Jr.was absent. Cliairnun Barfield called(lie meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE r Reverend Richard G.Elliott,St.Andrew's On-the-Sound Episcopal Church,provided the invocation. Commissioner Berger led the audience in the Pledge of Allegiance to the Flag. i APPROVAL OF CONSENT AGENDA Chainuan Barfield asked if any member of(lie Board would like to remove or discuss any item on(he Consent Agenda. Hearing no continents,Chairman Barfield called fora motion to approve the items on the Consent Agenda. Motion: Commissioner Catlin MOVED,SECONDED by Commissioner Berger.to appro-e(lie Consent Agenda as presented. Upon vote,the MOTION CARRIED 4 TO 0. CONSENT AGENDA Approval of Minutes—Governing Both The Commissioners approved the minutes from lie Regular Session meeting held on January 3. 2011 as presented by the Clerk to lie Board. Authorization for Leading Into New Communities to Submit a Grant Application to the North Carolina Governor's Crimc Commission with New Hanover County as the Applicant Agency—County Manager's Office The Commissioners authorized Leading Into New Communities to submit a grant application in(lie amount of$80,000 to the North Carolina Governor's Crime Commission wilh New Hanover County as the applicant agency. No Iocal nnatch is required- Acceptance of Grant Funding from the National Endowment for the Humanities and Adoption of Budget Ordinauce Amendment 11-139—Library The Commissioners.on behalf of the Library,accepted grant funding from the National Endowment for We Hunmmnilics in tlic anionnt of$2;500 and adopted Budget Ordinance Amendment 11-139. The funds will be used to present five progr ins focused on Louisa May Alcoll:the Woman behind Little Il'unten.No local match is required. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXX1V,Page 2.1. Authorization for Cape Fear Museum to Submit a Grant Applicaliou to the National Endowment for the humanities—Museum The Commissioners authorized dic Cape Fear Museum to submit a grant application to the National Endowment for the Hmuanifies. If awarded,lie Museum will host the exhibit Grass Roots:African Origins of all American Art from January 28 through March 16, 2012. The cost to the Museum to host the exhibit includes a $1,000 rental fcc and$1,000Imnsportation fee. Authorization to Submit a Grant Application to (lie Cape Fear Memorial Foundation — Senior Resource Cenler The Commissioners authorized the Senior Resource Center to submit a grit application to the Cape Fear Memorial Foundation in the amount of$10.000. If awarded,the funds will be used to fund the salary of an existing, part-time position for a Prescription Drug Assistance Program Coordinator. This position provides one-on-one counseling to seniors who cannot afford their medications as well as to lielp seniors navigate the Medicare Part D system. No local match is required. Adoption of Resolution Authorizing the Submission of Grant Application to the North Carolina Clean Water Management Trust Fund—Planning Department Tlie Conuuissioners adopted(he resolution authorizing the submission of a grant application to lie North Carolina Clean Water Management Trust Ford in the amount of approximately$200,000 (pending the amount IL verified by the appraisal). If awarded,the funds will be used to purchase approximately ten additional acres of land at Smith Creek. No local match is required. : a 1 A copy of the resolution is hereby incorporated as part of(lie minutes and is co Lained in Exlibil Book I r t V r } ( i i t 1 NEW IIANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 ; REGULAR MEETING,JANUARY 18,2011 PAGE 112 XXXI V.Page 2.2. Adoption of Budget Ordinance Amendment—Budget Department The Commissioners adopted Budget Ordinance Amendment 11-132 -Parks, Gardens. Senior Resources Center for fiscal year ending June 30.2011. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes mid is contained in Exhibit Book XXXIV,Page 2.3. REGULAR ITEMS OF BUSINESS NEW HANOVER COUNTY CRIMINAL JUSTICE PARTNERSIIIP ADVISORY BOARD ANNUAL UPDATE New Hanover County Chief Public Defender and New Hanover County Criminal Justice Partnership Advisory Board Chaintian lemufer Harjo presented an update on the New Hanover County Criminal Justice Partnership Advisory Board highlighting that the purpose of the advisor'board is to develop community-based solutions to the problems of rehabilitation and punishment for criminal offenders. The goals are to reduce recidivism,reduce the number of probation revocations,reduce alcohol ruid drug dependency among offenders and l reduce the cost of incarceration now being paid by counties and the state. Programs that arc currently being used and showing successfid results are the Day Sentencing Center and Pre-Trial Release Program. The new Ilighpoint, i or GRIP model program,is currently being reviewed by the Board for potential involvement. Hearing no comments,on behalf of the Board C ainuam Barfield thmiked Ms.Harjo for the update. PRESENTATION OF NEW HANOVER COUNTY RETIREMENT AWARDS County Manager Shell requested retired employee Larry Godley, with 28 years of service with Public Safety Communications,to step forward to receive his award. On behalf of the Board,Chairman Barfield presented a retirement aitard to Mr.Jones and thanked him for his years of dedicated service. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager Shell requested the following employees to step forward to receive service awards: Five Year: Yolanda Boynton-Clark-Department of Social Services Sandra Macon-Sheriffs Office Avril Pinder-Finance Department William Robertson-Pauks,Gardens and Senior Resources Ten Year: Angela Ponrier-Department of Social Services Katherine Spivey-Department of Social Services Fifteen Year: Alice Hovis-Pre-Trial Release Twenty Year: Robert Blake-Sheriffs Office John Blume-Department of Social Services Nancy Broughton-Property Management Diane Morgan-Legal Deparlmenl Twenty-Five Year: Dorothy.Colson-Health Department Jackie Wilhams-Rowland-Planning&Inspections Department On behalf of the Board, Chairman Barfield presented a service award to each employee, expressed appreciation;and lhmnkcd them for thcirycars of dedicated service. RECOGNITION OF NEW EMPLOYEES County Manager Shell requested new employee,Cheryl Walker,Department of Social Services to stand and be introduced. On behalf of the Board,Chairman Barfield welcomed Ms.Walker to County Government and wished her success in her new position. ADOPTION OF RESOLUTION SUPPORTING TILE CONTINUED FUNDING OF DRUG TREATMENT COURTS BY THE STATE OF NORTH CAROLINA District Court Judge Jaynes Faison and Drug Treatment Court AdminisUalor Pcnny Craver have requested die Board consider adopting a resolution of support for the continued funding of Drug TreaUuent Courts by the Stale of North Carolina. ILCommissioner Catlin read the resolution into the record. s I S i NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 ' REGULAR MEETING,JANUARY 18,2011 PAGE 113 i s` Motion: Vice-Chairman Tlnompson MOVED. SECONDED by C0I11111S5i01ner Catlin to adopt tie resolution supporting continued funding of Drug Treatment Courts by to Stale of North Carolina. Upon vote,the MOTION CARRIED 4 TO 0. 's Driving Whilc Impaired Court Manager Reba Cook was present to receive the resolution. } A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXiV,Page 2.4. ADOPTION OF PROCLAMATION RECOGNIZING THE WEEK OF JANUARY 18, 2011 AS FIIZCFIGIITLR APPRLCIATION 1VLFK IN NEW HANOVER COUNTY Muscular Dystrophy Association Executive Director Cluisline Bender has requested the Board consider proclahning the week of January 18,2011 as Firefighter Appreciation Week in New Hanover County. i Commissioner Berger read the resolution into the record. Fire Chief Donnie Hall reported that the Muscular Dystrophy Association recognized New Hanover('on 111v Fire Services for their Fill the Boat Campaign fund raising efforts of over $13.935 in September 2010. ! Representative Lt.Ben Bobzicn,on behalf of New Hanover Cooly Professional Firefighter's Association#4576. was recognized for raising[lie most money during[lie campaign. i Motion: Vice-Chairman Thompson MOVED. SECONDED by Commissioner Berger,fo adopt the proclamation i recognizing the week of January 18,2011 as Firefighter Appreciation 11'eek in New Hanover County. Upon vote, the MOTION CARRIED 4 TO 0. A copy of the proclamation is hereby incorporated as part of(lie minutes and is contained in Exhibit Book XXX1V,Page 2.5. PRESENTATION OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL s YEAR ENDED JUNE 30,2010 r Finance Director Avril Pinder introduced Bryan Starnes. Audit Partner with Marlin Starnes Sr,Associates ' and reported that as a part of the completion of(lie annual audit Mr. Starnes would make(lie presentation of the financial report for the fiscal year ended June 30,2010. CW I Mr. Starnes presented the auditor's perspective to the Board and reported that all Basic Financial Statements were performed hi accordance with Govermnenl Auditing Standards for the year ended June 30,2010. He informed the Board that New Hanover County received an unqualified opinion or clean opinion,which is the highest level of assurance that can be issued highlighting the following information for Fiscal Year 2009-2010: • General find revenues for 2009 in the amount of $297,940,565; for 2010 in the amount of $250.307,479. • General fluid expenses for 2009 in the aunounl of $217,022,694; for 2010 in the amount of $168,816,735. • At the end of the current fiscal year,unreserved fund balance for the General Fund was in the amount of$44,292.878 or 18.30 percent of total general find expenditures and other financing for the fiscal year. In 2009,unreserved find balance in the General Fund was$40,939,041 or 14.64 percent of total expenditures and other financing uses. • New Hanover County increased its bond rating to Aaa with Moody's Investor Service and maintained its bond rating of AA+from Standard and Poor's Corporation. • Concerns at the State level include a static budget gap going into FY2011-2012 of over$3 billion. Alter a brief question and answer period,Chaimnan Barfield thanked Mr. Starnes for the presentation and requested a motion to approve the report as presented. Motion: Vice-Chairman Tlhompson MOVED,SECONDED by Commissioner Berger,to approve the New Hanover County Comprehensive Amoral Financial Report for Fiscal Year cndung June 30,2010 as presented. Upon voic,the MOTION CARRIED 4 to 0. A complete copy of the audit report is available for review in the Finance Department and at all County libraries. NEW HANOVER COUNTY BOARD OF EXAMINERS OF ELECTRICIANS ANNUAL UPDATE New Hanover Co ily Board of Examiners of Electricians Chairnnan Janhes R. Shivar, Jr. presented the animal update to the Board higlilightug the following: • The Mission is to help and promote competence and safely. • The Board establishes nhininuum journeyman experience requirements and standards. • Reviews exam applications. • Reviews examinations taken. • Issues Certificates of Competence to qualified Journeyman Electricians upon their passing like required examination. i i i i f 3 P i z i j i i i I NEW IIANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JANUARY 18,2011 PAGE 114 • A total of twenty-one applicants look(lie exanirauah front December 2009—December 2010. • Thirteen of these applicants passed the examination with at least a ninunuuu passing score of 76 or better and Certificates of Competence were issued by the Board to these applicants. • New Hanover County Code.Chapter 11,Article 4,Section 11-242-Requires that a person slntnll have a proper Certificate of Competence issued by this Board to perform electrical work in New Hanover County. • Journeyman electricians who receive certificates from the Board shall work for a North Carolina licensed electrical contractor. • The Certificate of Competence issued by our Board is not a license to engage in electrical conttac(ing within the stale of North Carolina. i-learing no further comments, on behalf of the Board. Chairman Barfield Thanked Mr. Shivar for the update. NEW HANOVER COUNTY BOARD OF MECHANICAL EXAMINERS ANNUAL UPDATE ! New Hanover Courtly Board of Mechanical Exaniuers C'haimnan Bruce Polity presented the annual update to the Board highlighting the following: 1 i • The purpose is to regulate nhechaucal work done in the County. • To issue certificates to all persons who: 1)provide satisfactory evidence to the Board regarding their training and education;2)pass an examination administered by the Board:and 3)provide evidence of two years of experience in their perspective fields. • The Board may revoke certificates and reinstate certificates in accordance with tine County Code. • In the past year,one-hundred participants have gone through(lie progmrn Hearing no further continents,on behalf of the Board,Chairman Barfield thanked Mr.Polity for the update. NEW HANOVER COUNTY PLUMBING BOARD OF EXAMINERS ANNUAL UPDATE New Hanover County Plumbing Board of Examiners Chairman Ernest Duartc presented the annual update to the Board highlighting the following: • The purpose is to administer tests and issue licenses to qualified plumbers. • New Hanover County has a reputation for having lop-notch plumbing inspectors. • in the past year. seventy-five participants have gone through the testing program with thirty-five receiving passing grades. Hearing no further comments, on behalf of the Board. Chairman Barfield thanked Mr. Duarte for the update. APPROVAL OF CHANGES TO NEW HANOVER COUNTY CODE CHAPTER 5: ANIMALS Animal Control Services Manager Dr.Jean McNeil presented the request for the Board's considemlion to approve changes to New Hanover County Code Chapter 5: Animals. Changes include the authority to levy criminal charges against dog owners who let their animals nun loose for four or more times. Fees for prior naming loose offenses will be raised to$500 to provide an incentive to change prior to misdemeanor criminal clunrges being filed. The update will require no budgetary or staffing changes. The Board of licalth unanimously endorsed the changes at their meeting on January 5,2011. Other nunor charges were added to the Annual Control Services section for clarification and to add ferrets. In response to Board questions,Dr.McNeil clarified dial the$250 citation listed in Section 5-30 Restraint is for dogs tied out as well as in Section 5-31 Outside Enclosure if the size of the enclosure is not adequate for the dog according to the list in the definition section. Commissioner Catlin stated that lie could support increasing the lines for the nu ningat-large violations bill voiced his concern on criminalizing the violation. After a brief question and answer period, hearing no further com men(s, Chairman Barfield requested direction from the Board. Motion: Chairman Barfield MOVED, SECONDED by Vice-Chairman Thompson. to approve changes to New Hanover County Code Chapter 5: Animals as presented. Upon vole. die MOTION CARRIED 3 TO 1. Commissioner Catlin voted in opposition. A copy of the complete ordinance is available for review in the Health Department and on their deparmuental websile. BREAK Chainn an Barfield called fora break at 10:31 a.m.until 10:41 a.m. i r t r t i i i 4 NEW IIANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JANUARY 18,2011 PAGE 115 AUTHORIZATION FOR THE LIBRARY TO SUBMIT TWO GRANT APPLICATIONS TO THE LIBRARY SERVICES AND TECHNOLOGY ACT Library Director Harry Tuchmayer presented the request for the Board's consideration to authorize the Library to submit two graut applications to lie Library Services and Technology Act as follows: • The first grant request is in the amount of$100,000. If awuricd,the funds will be used to install full service self-checkout stations in all County libraries. In addition, these feuds will allow for the installation of automated full-service DVD and CD delivery devices at Main.Northeast and Myrtle Grove libraries. The Library has already gone through the required planning process and has received j Hie necessary authorization from lie Slate Library to submit a final application. A local match of twenty-five percent is required which will be funded as follows: • Sevcnty-five percent of the match. or $18.750, will come from the reallocation of currently budgeted general fund dollars. • Twenty-five percent of the match.or$6,250,will come from the Friends of lie Library and the Library Foundation. • The second grant request is in the amount of$25,000. If awarded,the funds will be used to replace outdated equipment and enlarge the Main Library's compulcr lab and to replace outdated equipment at the Northeast Regional Library. The local match requirement of twenty-five percent will be provided for by monies raised by the Friends of the Library book sale. Chainuan Barfield requested direction from the Board. Motion: Vice-Chainuan Thompson MOVED, SECONDED by Conunussioner Catlin, to authorize llte libruy to submit two grant applications to the Library Services and Technology Act as presented. Upon vote.the MOTION CARRIED d TO 0. AUTHORIZATION FOR THE PARKS,GARDENS,AND SENIOR RESOURCES CENTER TO SUBMIT A GRANT APPLICATION TO THE NORTH CAROLINA PARKS AND RECREATION TRUST FUND Parks. Gardens and Senior Resources Director Jim McDaniel presented die request for line Board's consideration to submit a grant application to the North Carolina Parks and Recreation Trust Fund in the amount of $250.000. if awarded,the finds will be used for the expansion of Castle Hayne Park to purchase the final 33-acre parcel. A wavier of retroactivity has been applied for so that the final parcel is eligible for these grant funds. if approved,the grant would be awarded in May 2011. The local match requirement will be satisfied by land that has already been purchased. Chairman Barfield requested direction from the Board. Motion: Commissioner Callin MOVED, SECONDED by Vice-Chairman Thompson, to authorize the Parks. Gardens and Senior Resources Center to submit a gr nt application to the North Carolina Parks and Recreation Trust Fund as presented. Upon vole,lie MOTION CARRIED d TO 0. ADOPTION OF RESOLUTION FOR SOLE SOURCE AWARDS FOR THE PURCHASE OF EMERGENCY EQUIPMENT,SOFTWARE,AND HARDWARE Information Technology Director Leslie Stanfield,pursuant to General Statute 113-129(c)(6),presented the request for the Board's consideration to adopt lie resolufiou for sole source awards for the purchase of emergency equipment,software,and hardware. The Sheriffs Office is requesting to purchase a mobile data reporting system in the amount of$294,380. The system will enable real-time paperless reporting. The Mobile Field Reporting module,by Sunguard OSSI,is the only mobile reporting module that is compatible with the OSSI software currently being used by the Sheriffs Office. Emergency Management would like to update its CAD system in the amount of$74,848 which is also manufactured by Sungard Public Sector OSSI. These purchases using 911 surcharge funds was approved at the Board's December 6; 2010 meeting;the current request is for the Board to adopt the resolution approving the sole source award. Vice-Chainuan Thompson responded to the concern that(lie County was using(lie one-lime opporlmnit) to use 911 surcharge funds for County purchases for the 911 Center and Sheriff's Office stating that if the municipalities want to share in the revenues then they also need to sham in the expenses. After a brief question and answer period hearing no further comments, Chainuan Barfield requested direction from the Board. Motion: Vice-Chairman Thompson MOVED. SECONDED by Conunissioner Catlin, to adopt the resolution approving the purchase of Mobile Data Reporting Software and CAD system hardware and software from Sungard Public Sector OSS1 as sole source vendor as presented. Upon vole,the MOTION CARRIED d TO 0. A copy of the resolution is hereby incorporated as purl of the meshes and is contained in Exhibit Book XXX1V,Page 2.6. i NEW IIANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JANUARY 1S,2011 PAGE 116 E COMMITTEE APPOINTMENTS Appointment to the Library Chairman Barfield reported dial one vacancy of an unexpired Tenn needs to be filled on the Libmry Advisory Board wills two applications available for llte Board's consideration. i i Motion: Commissioner Catlin MOVED.SECONDED by Chairman Barfield,to appoint Dcloris 1-1.Rhodes to serve the unexpired term on the Library Advisory Board with the term to expire on August 31. 2011. Upon vote. the MOTION CARRIED d TO 0. Appointment to the Port,Waterway,and Beach Commission i Chairman Barfield reported that one vacancy needs to be filled on file Port. Wafenvav, and Beach Commission with one application available for tlae Board's consideration. Motion: Conuttissioner Callnt MOVED.SECONDED by Vice-Chairman Thompson,to appoint Dave Wea\er to serve a three-year term on the Port,Waterway.and Beach Commission with the term to expire on February 23. 2013. Upon vote,the MOTION CARRIED 4 TO 0. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chainuan Barfield announced that time had been reserved to allow the public to present all item(hat was not listed on the regular agenda. No items were presented ADDITIONAL AGENDA ITEM LEGISLATIVE PRIORITY DISCUSSION The Board held a brief discussion on compiling a list of Legislative Priorities to be submitted to our local Legislative Delegation. The following topics were discussed: • Term limits for County Conmtissioners. Commnissioner Catlin staled that he will work%%ith stafl'to draft a non-binding resolution for the Board's consideration. • A Local Act to elect the chairman of the New Hanover County Board of Conuuissioners for two year lenus. The Board did not reach consensus on this issue. • Eliminate second primary. County Manager Shell reported that it cost the County approximately $72,000_ The Board did not reach consensus on this issue directing staff to continue to compile information for the Board's consideration. • Airport Authority members serving at the"pleasure of the Board of Commissioners." The Board did reach consensus on this issue directing Staff to draft a resolution with Ure nvordiug suggested by our local delegation. • Forced Annexation. The Board did reach consensus on this issue dirocting Staff to draft a resolution prohibiting forced amte.4ifion for the Board's consideration. • A Local Act to allow(lie County to impound motor vehicles that do not have valid license plates. registration,or insurance. The Board did reach consensus on this issue directing staff to continue to compile information for the Board's consideration. The consensus of the Board was to hold a work session prior to the Board's February 17. 2011 Agenda Review mecling to further discuss legislative priorities. ADJOURNMENT There being no further business,Chairman Barfield adjourned the nteefing at 1 1:19 a.m. Respectfully submitted. Sheila L.Schuh Clerk to the Board Please note that the above minutes are not a verbotlm record of die.Veuv Hanover Commit•Board of Commissioners meeting. 7lie entire proceedings are available for rer,ieu•and check-out at all,V'eu•Haiiovei•C onn1P Librm•ies and on a uwr.nhc¢or.conn'NHCLit e or u-trn nhceor.coni;baees.BOC•asyy i i it NEW IIANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 AGENDA REVIEW MEETING,FEBRUARY 17,2011 PAGE 121 ASSEMBLY The New Hanover County Board of Commissioners met for Agenda Review on Thursday, February 17, 2011. at 4:00 p.m. in the Harrell Conference Room at die New Hanover County Govermuent Center, 230 Government Center Drive,Wilmington,North Carolina i Members present were: Chainnnn Jonathan Barfield, Jr., Vice-Chairman Jason R. Thompson; Commissioner Brian M.Berger;Commissioner Richard G.Catlin;Counh,Atlonhe7 Wanda M.Copley;Clerk to the Board Sheila L.Schuh:and Comely Manager Bruce T.Shell. Comnussioner Ted Davis,Jr.was absent. i REVIEW AND DISCUSSION OF AGENDA ITEMS i Chainumi Barfield called the meeting to order and announced that die purpose of(lie meeting is to revieih j and discuss the Board's February 21,2011.Regular Session meeting agenda. County Clerk Sheila Schult presented the following requests for the Board's consideration: • Consent Agenda Item 2—Approval to Amend Minutes of the Board's May 20,2002 Regular Meeting. The Commissioners are being requested to approve amending the minutes of the Board's May 20. 2002 Regular Meeting due to the omission of Board action that was discovered. • Consent Agenda Item 3 — Adoption Resolution Approving Additions to the Board's Policy and Procedures for Appointments to Counh, Boards, Commissions, Committees or Authorities for Clarification Purposes. The Commissioners are being requested to adopt the resolution approing additions to the Board's Policy and Procedures for Appointments to County Boards, CmhnhhiSSiODS. Committees or Authorities for clarification purposes. • Consent Agenda Iteur 4—Adoption of Slate Road Resolution. The Commissioners are being requested to adopt the North Carolina Department of Transportation Stale Road Resolution supporting the addition of a portion of Stoneybrook Lane,Hervey Court.Hayfield Court and Bedrock Court located within Sioneybrook,Middle Point and Baldwin Woods subdivisions in New Hanover County. The Board rci=ic%vcd Consent Agenda Itcnh 5 — Authorization to Submit a Grant Application to the Department of Corrections Criminal Justice Partnership Program. Assistant County Manager Chris Condriel presented the request,on behalf of the Criminal Justice Partnership Board,for the Board's consideration to authorize the submission of a pass-through grant application to the Department of Corrections Criminal Justice Partnership Program in the amount of 5161,216. if minded,(lie funds hill be used for continued funding of the Day Sentencing Program through a contract with Coastal Horizons. No local match is required. The Board reviewed Consent Agenda Item 6—Adoption of Resolution Authorizing tie Sole Source Award to AT&T for the Purchase of Five Positron VIPER Telephone Consoles. htformation Technology Director Leslie Stanfield presented the request for the Board's consideration to adopt the resolution approving the sole source award to AT&T for the purchase of five Positron VIPER Telephone Consoles in the annount of$154,167. The purchase was approved by the Board at tlicir December 6,2010 meeting:die resolution is approving the sole source purchase. The Board reviewed Consent Agenda Item 7 — Adoption of Resolution Approving the Transfer and Disposal of Surplus Property. The Commissioners arc being requested to adopt the resolution approving the transfer of select equipment to the City of Wilmington and approving the sale of additional surplus equipment electronically using Go-,,Deals or any other method authorized by the General Statutes. The helicopter is included in the surplus list with a mininmum bid annount of$400,000. Tlhc Board reviewed Consent Agenda Item 8 — Approval of First Citizens Bank Declaration of Unincorporated Business for Accounts.Borrowing, and Other Transactions. Investment Officer Beverly Thomas presented the request for the Board to designate Finance Director Avril M. Puhder and Assisnm(Finance Director Barbara M.McClure as authorized signers for the purpose of Deposits and Miscellaneous Banking Relationships with Firs(Citi/eus Bank. After brief discussion the Bond requested staff,where possible,to support local banks and in-tum support the load economy. The Board reviewed Consent Agenda Item 9 — Authorization to Submit a Health)- Homes Grmih Ap lication to the North Carolina Department of Environmental and Natural Resources. Assistant County Manager Chris Coudriel presented the request for the Board's misidem(ion to authorize the Health Department to submit a Healthy Homes grant application to the North Carolina Department of Environmental and Natural Resources in the amount of $50,000. If awarded, the funds will be used to develop and implement protocols that address maintenance and operalion issues which impact indoor air quality in the home, school and child care center environments.No local match is required. The Board reviewed Consent Agenda Item 10—Approval of Correction of Duplicated Ordinance Number from the Board's December 6. 2010 Meeting. Planting Director Chris O'Keefe presented the request for the Board's consideration to approve the correction of a duplicated ordinance number that was approved at their December 6.2010 meeting adding Fanner's Markets to die Zoning Ordinance(A-389). The change corrects(he ordinance number 72-40 to 72-41. c i i i i (i 2 t NEW IIANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 (W AGENDA REVIEW MEETING,FEBRUARY 17,2011 PAGE 122 t Sheriff Ed McMahon presented the following requests for the Board consideration: a • Consent Agenda hem i I —REVISED-Adoption of Resolution approving the Exchange of Five Used 2009 Harley-Davidson Motorcycles for Five New 2011 Harley-Davidson Motorcycles and Adoption of Budget Ordinance Amendments 11-146 and 2011-32. The Commissioners arc being requested to adopt the resolution approving the exchange of five used 2009 Harley-Davidson motorcycles for five new 2011 Harley-Davidson motorcycles and adopted Budget Ordinance Amendments 11-146 and 201143. The number of motorcycles requested has been changed from six to five;documents will be updated to reflect ale edited request. • Conseil Agenda Ilent 12—Adoption of Resolution Approving the Sale of a 2001 Ford Transport Van to Pender County. The Commissioners are being requested to adopt the resolution approving the sale of a 2001 Ford transport van with a prisoner transport cage to Pcndcr County in the amount of$5,701). • Consent Agenda item 13 — Aulhori7ation for Sheriff McMahon to Hire a Relative by Blood or 1 Mauriage. The Corm»ssioners are being requested to authorize Sheriff McMahon to hire a relative by 4 marriage for the position of Detention Officer. • Consent Agenda item 14—Aulhofi7mion to Transfer Scrvice Side Arms to Retiring Members of(lie F Sheriffs Office or to the Nearest Relative of a Deceased Member. The Commissioners are being requested to authorize the Sheriff to transfer service side arms to the retiring members of the Sheriff's Office or to the nearest relative of a deceased member. The Board reviewed Consent Agenda hewn 15—Acceptance of New Hanover County and New Hanover County Fire District Tax Collection Reports. The Commissioners arc being requested to accept Tax Collection Reports as of Deceniber 31,2010. The Board reviewed Consent Agenda hem 16—Approval of Order of Advertisement of 2010 Delinoucnt' Taxes. The Commissioners are being requested to approve the Order of Advertisement of 2010 Delinquent Taxes for the County of New Hanover,City of Wilmington.Town of Kure Beach,Town of Wrightsville Beach.Town of Carolina Beach.and We Fire District[axes. The Board reviewed Consent Agenda Item 17—Approval of New Hanover County Board of Education Capital Outlav Budget Amendments#3 and#4. Budget Director Canh Grill-iii presented the request for the Board's consideration to approve Board of Education Capital Outlay Budget Amendment#3 3 transferring$256.72 within the Capital Outlay Fund and Board of Eduction Budget Amendment#4 transferring bond project savings within the Capital Outlay Fund to the Gregor- and Wrigltsboro Roof Projects. After discussion on school construction projects,staff was directed to confirm if the approximately$700.000 that was requested by the Board of Education for the Virgo Middle School roof has been spent in light of the recent news that they are considering nnothballing the building. The Board reviewed Consent Agenda Item 18—Adoption of Budget Ordinance Amendments. Budget Director Cam Griffin presented flue request for(lie Board's consideration to adopt Budget Ordima'nce Amendments for fiscal year ending June 30,2011. The Board reviewed Regular Agenda Item 19—Public Hearing and Request by Claud O'Shields,on Behalf of Liberty Baptist Church to Rezone Awroximalcly 3.0 Acres of Properly Located in the 7000 Block of Market Sheet from R-15 Residential to O&I Office and hhstitutional District(Z-909,01/11). Planning Director O'Keefe reported that there are two parcels which are par(of this request.Both are owned by Liberty Baptist Church. Staff recommends approval. At the Planning Board's January 61 2011 meeting they voted 7-0 to recommend approval of the O&1. Office and Institutional District, rezoning. One adjacent residential properly owner, north of the site. spoke to the Planning Board about the permitted land uses and road improvements. The Board reviewed Regular Agenda Item 22—Consideration of Resolution Awarding Bid for Reco_ rdin System for the Register of Deeds Office to Aptitude Solutions and Adoption of Budget Ordinance Amendment 11- 157. Register of Deeds Jennifer H. MacNeish presented the request for the Board's consideration to adopt the resolution awarding the bid for a recording system for the Register of Deeds Office to Aptitude Solutions. The Board reviewed Regular Agenda Mena 23—Consideration of Resolution Approvin the e Property Title Transfer for 429 Sharon Road to the City of Wilmington for Storm Water and Water Quality Improvements. Planning Director Chris O'Keefe and City of Wilmington Stornnvater Services Division Manager Dave Mayes presented the request for the Board's consideration to adopt the resolution approving the property title transfer for 429 Sharon Road to the City of Wilmington for storm water and water quality iniproenhcnts for Hcwlctts Creek. The City of Wilmington has developed a project which would utilize the property to expand flood plain capacity and improve the quality of nmoff flowing into Hetwletts Creek. The Board reviewed Regular Agenda item 24—Consideration to Submit Application to the North Carolina Health and Wellness Tnhst Funnd for the hit Communities Designation. Parks, Gardens and Senior Resources Director Jim McDaniel presented the request for die Board's consideration to submit an application to the North Carohna Health and Welhiess Trust Fund for die Fit Communities designation. The Board reviewed Regular Agenda item 25—Consideration to Submit a Grant Application to the irate B. Reynolds Foundation. Assistant Comity Manager Chris Coudriel presented the request for the Board's consideration to authorize the Health Department to submit a grant application to the Kate B.Reynolds Foundation for a two-year { i r I f i NEW IIANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 i AGENDA REVIEW MEETING,FEBRUARY 17,2011 PAGE 123 j grant in the amount of$218,000. if awarded, the funds will be used to fund a frill-tine dietitian and part-tinic k support staff.as well as operating expenses vtith no local match required. Staff anticipates that Medicaid revenues will increase to sustain the program if grant funding ends after the two year period. The Board reviewed Regular Agenda Item 26—Consideration of Resolution Awarding Bid for(lie Server Virtualizalion Uptlydde Proiect to Team IA Inc. h formalion Technology Director Leslie Stanfield presented the request for the Board's consideration to upgrade the County's server virlualization project with staff recommending that the bid be awarded to Team IA.Inc.of Wilmington. The Board reviewed Regular Agenda Item 27 — Conuuittee Appointments. The Board reviewed applications for the following corruuittees: t • Appointments to the Adult Home Community Advisory Committee • Appointment to the Plumbing Board of Examiners • Appointments to the Port,Waterway,and Beach Conuuission The Board reviewed Additional Agenda item 28—Consideration for Brigade Boys and Girls Club to APply j for Giant Funding from the North Carolina Demi1mcnl of Juvenile Justice and Delinquency Prevention with New Hanover County as the Applicant Agencti Chainrum Barfield clarified(lie Brigade Boys and Girls Club requests that the County participate as the pass-through applicant agency for a $75.000 grant application to the North Carolura Department of Juvenile Justice and Delinquency Prevention. If awarded,the funds will be used to provide prevenfionlintervention services to at-risk youth. ADJOURNMENT Tlere being no furdtcr business,Chairman Barfield adjourned the Agenda Review necting at 4:55 p.m. Respectfully submitted, 3 Sheila L.Schult Clerk to the Board s i t s 6 t NEW IIANOVER COUNTY BOARD OF COMIMiISSIONERS BOOB 32 AGENDA REVIEW MEETING,APRIL 10,2012 PAGE 3611 ASSEMBLY The New&anoycr Counh Board of Commissioners nut for Agenda Review on Tucsday.April 10,2012.at ` 3:00 p.m.in the Harrell Conference Room at die Neni Haum er Couuh Gon enunenl Center.230 Gon ermnew Center Dli\e.Wilininglon,North Carolina. Members present were: Chairman Ted Davis. Jr.: Vice-Chairman Jonathan Barfield, Jr.: Commissioner Jason R.Thompson Coumnissioner Brian M.Berger:and Commtissioner Ricluard G.Catlin. Staff members present nn ere: Comm1 Allorne) Wanda M.Copley:Clerk to the Board Sheila L.Sclmlt:and County Manager Brace T.Shell. ; s 4 REVIEW AND DISCUSSION OF AGENDA ITEMS Chairman Davis called the meeting to order and a noumccd that the purpose of the meeting is to review and discuss the Board's April 16.2012,Regular Session nneeling agenda. IYn nediately folloiing the Agenda ReNieni meeting(lie Board mill hold a Budget Work Session. The Board discussed the following items: Consent Agenda Item 2—Adoplion of State Road Resolulion. The request from NC'DOT is to include ' North Bend Drive into(lie state road system. Consent Agenda Item 3—ApproNal of Semen Items for Accession into Cape Fear Museum's Perniancral Collection. The list of accession items is hnchaded in the agenda packet. Consent Agenda Item d—Authorization to Submit a 2013 Continuation Grant Application to the North Carolha Governor's Highwav Safch Program for Driving While Inwaircd/Smcd Eriforccmcnt. The request was submitted by (lie Sheriffs Office to submit a grant application to(lie North Caoliait Governor's Fliglmm Safely Program ill the total amount of$259.234 for Near two: $220.349 Federal and$38.885 local match mitich will be funded by the Sheriffs Office budget. If awarded,the finds will be used to continue finding for four existing positions. i Conscul Agcnda Item 5—Authorization to Submit a 2013 Continuation Grant Application to the North Caroli a Gon enaor's Hi imm Safety Program for Ori\ing While hupaired Checkpoint Equipment. The request)%as submitted by the Sheriffs Office to subunit a grant application to the North Carolina Governor's Higlnvay Safety Piogumn in the amount of$19,250. If awarded. the funds will be used for DWI checkpoint equipment. No local CWmatch is required. Consent Agenda Item 6—Authorization to Submit a 2013 Continuation Grant Application to the North Carolina Governor's Highway Safety Program to Coordinate Initiatives. The request was submitted by[lie Sherill-s Office to submit a grant application to the North Carolina Governor's Highway Safcfv Program in file amount of $20.000. Tf ran arded.the funds will be used to main personnel to assist the Governor's Highway Safeh Program in gathering statistics and coordinating the initiatives--Booze It and Lose It'and"Clock It or Ticket'in Region 2. No local match is required. Consent Agenda Item 'r — Adoption of Budget Ordinance Amendments. Budget Director Cam Griffin provided an orcn icnv of the following Budget Ordinance Amendments for fiscal N car ending June 30.2012: 12-198-Sheriffs Office—to budget overtime expenses 2012-44-Sheriffs Office—to budget additional revenue 2012-45-Sheriffs Office—to budget additional revenue i Regular Agenda Item 8—Presentation of Service Awards to Refirees and EmNovecs and Introductions of New Employee . I Regular Agenda Item 9—Consideration of a Resolulion Recognizing Andre"R.A•falletle for ON er Tldrh- Ome Years of Sen-ice to Neiy Hanover Counh-. Chainmat Davis will read the resolution into the record. Regular Agenda Item 10—Presentation of Distinguished Budget Presentation Aiiard for the Fiscal Year Beeirmiug Jul•1,2011. The County is receiving this anvard for the 21"cousecutive rear. Regular Agenda Henn 1 I—Recognition of Help20lhers hnitiathc and Telethon. Regular Agenda Tlem 12—Cape Fear hfummi Advisor Board Annual Update. Regular Agenda Item 13—New Hanover Soil and Water Consen atiom District Amtual Update. Regular Agenda Item 14—Consideration of a Budget Amendment to Increase Expenditure Line for an Additional Tcnivomn Position to be Funded by:m Additional Comributiou from the Airlic Foundation. Parks. Gardens.and Senior Resources Director Jim McDaniel presented the request for the Board's consideraliom to adopt Budget Ordhiance Amendment 12-195 to increase the expenditure line for an additional staff member to assist with weddings mid spdcial esenls increasing the staff hours from Meaty to fort}. This expenditure will be offset b} IL wedding and special eveut foundation revenues which lave imcretased I10'So over last year. Re\enues froru weddings and special events are the source of hording for the Airlic Foundation. s 6 NEW I ANOVER COUNTY BOARD OF COMMISSIONERS BOOB 32 CwAGENDA REVIEW MEETING,APRIL 10,2012 PAGE 361 Regular Agenda Item 15 — Consideration of Creating the Pads Consemutcc of New HanoNer Comm. Parks. Gardens. and Senior Resources Center Director Jim McDahucl presented the request for Iltc Board's consideration to apprma [lie request to create the Parks CouseiNaucN of Nen Hams%er Cnnnll (PC'NHC'). The mission«ill be to care for and iuipro%a Nei% 171,iiio\er Comu3's parks. A cuunt.N commissioner hill be requested to sit on tic board. The proposed 501(c)(3)will c.msl solely to recnut volunlcers.raise funds—utd encourage gills and bequests to support lie counh's parks. i Rcgtdar Agenda hem IG — Commilicc Appointments. The Board mvicrced the folloacing commitice appointments: r • Cape Fear Public Utililt Authorih • Loah cr Cape Fear Water and Scaa cr Authority I • Srntlhcastern Economic Dcticlopment Commission ADJOURNMENT E Thcrc being no further business. Chairman Dais adjourned the Agenda Rcaichc mcctin=at 3:15 p.m. stating teal the Budget Work Session mould begin after a shoat break.. j Respectfidl} submiiled. Sheila L.Schult Clerk to the Board Cw Cw i 2011 ATTENDANCE REPORT Commissioner Board/Committee Scheduled Meeting Absent/Prese nt Cape Fear Public Transportation 1/27/11 Absent Authority 2/24/11 Present Chairman 3/24/11 Present Barfield 4/28/11 Present 5/26/11 Present 6/23/11 Present 7/28/11 Present 8/25/11 Present 9/22/11 Present Chamber of Commerce 1/13/11 Present 2/23/11 Present 3/10/11 Absent 4/14/11 Present 6/8/11 Present 8/10/11 Present 9/14/11 Absent Council of Governments Executive 1125111 Present Committee 2128111 Present 3129111 Present 5117111 Present • 6121111 Present DSS Methamphetamine Task Force 3/23/11 Present Wilmington Metropolitan Planning 1/26/11 Present Organization/Transportation Advisory 2/23/11 Present Committee 3/30/11 Present 4/20/11 Present 5/18/11 Present 6/29/11 Present 8/10/11 Present 9/28/11 Board of Health 1/5/11 Present 2/2/11 Present 3/2/11 Present 4/6/11 Absent 5/4/11 Absent 6/1/11 Present 7/6/11 Present 8/3/11 Present 9/7/11 Present • 2011 ATTENDANCE REPORT PAGE 2 Commissioner Board/Committee Scheduled Meeting Absent/Prese nt New Hanover Regional Medical Center 12/21/10 Present Board of Trustees 1/22/11 Present 3/28/11 Present ` 4/26/11 Present 4/28/11 Present 6/28/11 Present 7/23/11 Present 7/26/11 Ex Committee Present 6/23/11 Finance Co. Present 7/25/11 " Present 8/18/11 Absent 8/23/11 " Present 9/7/11 " Present Tourism Development Authority 1/19/11 Absent 3/23/11 Present 5/25/11 Present 6/20/11 Absent 8/24/11 Present Cape Fear Public Utility Authority 1/12/11 Regular Present 2/9/11 Regular Absent Commissioner 3/9/11 Regular Absent Berger 4/13/11 Regular Present 4/27/11 Special Present 5/11/11 Regular Present 5/18/11 Budget PH/WS Present 7/13/11 Regular Present 8/10/11 Regular Present 9/13/11 Regular Present DSS Board 1/4/11 Present 2/11/11 Present 4/5/11 Present 5/3/11 Present i 5/31/11 Absent ` 6/7/11 Present 7/5/11 Present 8/16/11 Present 9/20/11 Present Legion Sports Complex Commission 1/6/2011 Present 4/7/2011 Present t 2011 ATTENDANCE REPORT PAGE 3 r Commissioner Board/Committee Scheduled Meeting Absent/Prese nt Smart Start of New Hanover County 1/2011 Present 4/2011 Present 8/16/11 Present 9/19/11 Finance Mtg Absent (9/19/11 CC mtg) Wilmington Downtown, Inc. Executive Committee 1/4/11 Present 1/26/11 Present 3/2/11 Absent 4/5/11 Absent 6/28/11 Annual Mtg. Present Wilmington Metropolitan Planning 1/26/11 Present Organization/Transportation Advisory 2/23/11 Present Committee 3/30/11 Present 4/20/11 Present 5/18/11 Present 6/29/11 Present 8/10/11 Present 9/28/11 t Cape Fear Public Utility Authority 1/12/2011 Regular Present 2/9/2011 Regular Absent Commissioner 3/9/2011 Regular Present Catlin 4/13/2011 Regular Present 4/27/2011 Special Present 5/11/2011 Regular Present 5/18/2011 PH Budget/WS Absent 7/13/11 Regular Present 8/10/11 Regular Present 9/13/11 Regular Present Local Emergency Planning Committee 2/9/11 Absent (Conflicts with CFPUA mtgs) 5/11/11 Absent 8/10/11 Absent Lower Cape Fear River Program 1/25/11 Present Advisory Board 3/22/11 Present 5/24/11 Present 7/26/11 Present 9/27/11 i i I 2011 ATTENDANCE REPORT PAGE 4 F Commissioner Board/Committee Scheduled Meeting Absent/Prose ? nt Lower Cape Fear Water&Sewer 2/14/11 Present Authority 3/14/11 Present 4/11/11 Present 5/9/11 Present t Port, Waterway&Beach Commission 2/02/11 Present s 2/18/11 Present 3/30/11 Present 6/29/11 Present 8/9/11 Present Southeastern Center(Mental Health) 1/27/11 Absent 3/24/11 Present 4/28/11 Absent i 8/25/11 Present Airlie Gardens Foundation 1/18/11 Absent 2/15/11 Absent Commissioner 3/15/11 Absent Davis 4/19/11 Present 5/17/11 Present �+ 6/16/11 Present 8/18/11 Present 9/15/11 Present Cape Fear Community College Board 1/25/11 Absent of Trustees 3/22/11 Absent 5/24/11 Present 7/26/11 Present 9/22/11 Present Cape Fear Museum Advisory Board 1/19/11 Absent 2/16/11 Absent 3/16/11 Present 4/20/11 Present 5/18/11 Present 6/15/11 Excused 7/20/11 Present 8/15/11 Strategic Plan.Co. Present 8/17/11 Present 9/21/11 Strategic Plan. Co. Excused Wilmington Regional Film Commission 2/22/11 Special Mtg Present 7/6/11 Special Mtg Present Chamber Cape Fear Futures No record/no minutes s q t i / 2011 ATTENDANCE REPORT PAGE 5 Y Commissioner Board/Committee Scheduled Meeting Absent/Prese nt Vice- Legion Sports Complex Commission 1/6/2011 Present Chairman 4/7/2011 Present Thompson New Hanover County Financing 3/14/11 Present Corporation Parks&Recreation Advisory Board 1/5/11 Present 2/2/11 Present 3/2/11 Present 4/6/11 Present 5/4/11 Absent 6/1/11 Absent 7/6/11 Present 8/3/11 Absent 9/7/11 Absent Southeastern Economic Development Annual meeting Absent f Commission 4/26/11 t Ten Year Plan to End Homelessness 08/11/09 Present 11/10/09 Present 02/09/10 Absent 05/12/10 Absent i 08/10/10 Present 11/09/10 Present i 02/08/11 Absent 05/10/11 Present 08/09/11 Present Wilmington Industrial Development 2/18/11 Present 4/21/11 Absent 6/24/11 Present 9/16/11 Absent i i ti CW S t ! £ 3 W14/13 t Search North Carolina Criminal Records H By Name qVIRAR-If FAO Webinars Can tact Us -i81COt Your Search Cat-iNry Our Sop Ace.: Pricing D ` � emo ACCC7L)rl l CASEVIEW FORMAT: RAW 'ltiae May 14,14:18 EDT2012 NAME CASENUMBER RACE SIX DATE or BIRTH OFFENSE COUNTY ZIP CODE BERGER,BRIAN 88 OR 004985 NEW HANOVER BERGER,BRIAN,L 06CR 700389 White Mere 05/31/1976 DARE 27948 BERGER,BRIAN,M 90CR 0078B6 CARTERET 28557 BERGER,BRIAN,MATTHEW 12CRS002332 White Male 07/1511976 BRUNSWICK 28409 BERGER,BRIAN,MATTHEW 10CR 011096 White Male 0711511976 NEW HANOVER 28409 BERGER,BRIAN,MATTHEW 1 OCR 711072 White Male 0711511976 NEW HANOVER 28409 BERGER,BRIAN,MATTHEW 11 OR 055571 White Male 07115/1976 NEW HANOVER 28409 BERGER,BRIAN,MATTHEW 11CRS060960 White Male 07/15/1976 NEW HANOVER 28409 BERGER,BRIAN,MATTHEW 12CR 000417 White Male 07115/1976 NEW HANOVER 28409 BERGER,BRIAN,MATTHEW 12CR 007725 White Male 07/1511§76 NEW HANOVER 28409 BERGER,BRIAN,MATTHEW 12CR 061528 White Male 07/1511,976 NEW HANOVER 28401 BERGER,BRYAN 88CR 036975 WAKE DISPLAYING RESULTS 1.12 OF 12 DISCLNh9 Er: I.lir_user',agree ilia th w:t.1 lhl,setvic.: .i"tr sob;;t to th+IL:Iv: ,q condil011%All n qu als v'I' !n i 111 --ic :Al 1;;: Fn'-Cn, >R n- hn:l A':t,6u,A, 1k-a Printable Version Wilt,L7 ;a#]Ililie;Act or o;;!gr appllu W:stale dud f x'arnl nu. Th•-ner.ire s la co.!ply 'I,vtl.!jrAr,!ds AT .xi rerl,ral rnquhemagtn co m- de0 :r.+.::;w.alit,it i :�z+�'r,Th:ox1=,..!;n n.-E,�Or to .0 I r,.n,. :an h.r r,n,.-'I r division atC..aa_Lrr,,:F!,Inc.,It-cilicer-,. n-iol _nd^uycu nl::u`,7:!-,nC1s'.'eEln.,r.h.Ihr..o,eatoobt III)r^port=.,h-al:s,frn!.ardaq..m-1a Ott ens.r.demir- Contnet U-. company Mhcr TooL and Services Salt^A Support Ent ill Cow;Scarch.wrn About GourtSeamaxorn OWI G'llerrdar tar 546-0."7 11066.0151.0791- Dlic:ainlar Ge,0 C7knrlar F_09 f rivrsry P�Ihpy Ca.Ile branch Efnwvynitmn R-;i,ani iq $it Tyler Drive S11n Map Cuu!@Aa,l Wilmington,NC Linima Parinrr,rlpc W.-hia:rs 2t4(1G hops,/Mm w.courtsearch.coWrr—criminal-search-name 9/1 5/14113 Detailed Results i Defendant address:802 DOCK ST WILMINGTON NC 28401 RACE:WHITE SEX:MALE DOSIAGE:07115/1976 136 SERVED DATE: DRIVERS LICENSE NUMBER:26994858 STATE:NC CITATION NUMBER C1623772 TRIAL DATE:06126!2013 CASE NUMIS R 12CRO61528 CASE TYPE CR COUNTY NUMBER 640 COUNTY NAME:NEW HANOVER OFFENSE SEQUENCE NUMBER:01 CHARGE TYPE: ARRAIGNED OFFENSE TYPE: CHARMARRN OFFENSE:!DRIVING WHILE IMPAIRED STATUTE NUMBER TRAFFIC SERVED:12!18)1012 OFFENSE DATE:1211812012 COMPLAINANT:SCHWARTZELA SHOW CAUSE ORDER DATE: PLEA: DISPOSITION DATE: METHOD OF DISPOSITION: FINE:$ VERDICT: RESTITUTION:$ JUDGE: COSTS:$ ')NIES PAID: TO-BE-PAID: CONVICTED OFFENSE: CONVICTED TYPE: CREDIT FOR TIME SERVED: CONVICTED STATUTE#: SENTENCE TYPE: SENTENCE LENGTH:- PROBATION: VEHICLE STATE:NC CONSOLIDATION FOR JUDGMENT: STATE I.D.NUMBER: LOCAL_LD.NUMBER: CHECK DIGIT: FAILURE TO APPEAR DATE: CALLED AND FAILED DATE: DOMESTIC VIOLENCE FLAG: VICTIMS RIGHTS FLAG: ORDERS FOR ARREST DATE: SPECIAL CONDFIION: OFFENSE SEQUENCE NUMBER:02 CHARGETYPE: ARRAIGNED OFFENSE TYPE: cHARGEIARRN OFFENSE:!UNSAFE MOVEMENT STATUTE NUMBER INFRACTION SERVED:12118/2012 OFFENSE DATE.:12/18/2012 COMPLAINANT:SCHWARTZELA IOW CAUSE ORDER DATE: PLEA DISPOSITION DATE: METHOD OF OISPOSIIION: FINE:$ VERDICT: RESTITUTION:$ JUDGE COSTS:$ https:/A%mw.courtsearch.con4results-detail/Cileni=&process=nc&count3r-640&case=l2CR 061528&viev+-&printable=1 113 5114113 Detailed Results MONIES PAID: TO-BE-PAID: CONVICTED OFFENSE: CONVICTED TYPE CREDIT FOR TIME SERVED: CONVICTED STATUTE#: SENTENCE TYPE: SENTENCE LENGTH:- PROBATION. VEHICLE STATE:NO CONSOLIDATION FOR JUDGMENT: STATE I.D.NUMBER: LOCAL I.D.NUMBER: CHECK DIGIT: FAILURETO APPEAR DATE: CALLED AND FAILED DATE: DOMESTIC VIOLENCE FLAG: VICTIMS RIGHTS FLAG ORDERS FOR ARREST DATE SPECIAL CONDITION: OFFENSE SEQUENCE NUMBER:03 CHARGE TYPE: ARRAIGNED OFFENSE TYPE: CHARGFJARRN OFFENSE:/CIVIL REVOCATION DRIVER'S STATUTE NUMBER: TRAFFIC LICENSE(30) OFFENSE DATE.12118/2012 COMPLAINANT:SC14WARTZEL,A SERVED:12/18/2012 PLEA-- DISPOSITION DATE:02125!2013 '-HOW CAUSE ORDER DATE: FINE$ VERDICT: METHOD OF DISPOSITION:OTHER JUDGE:00 COSTS:$ RESTITUTION:$100.00 TO-BE-PAID: MONIES PAID:Y CONVICTED OFFENSE: CONVICTED TYPE: CREDIT FOR TIME SERVED: CONVICTED STATUTE#: SENTENCE TYPE: SENTENCE LENGTH.- PROBATION: VEHICLE STATE:NO CONSOLIDATION FORJUDGMENT: STATE I.D.NUMBER: LOCAL I.D.NUMBER: CHECK DIGIT: FAILURE TO APPEAR DATE: CALLED AND FAILED DATE: DOMESTIC VIOLENCE FLAG: VICTIMS RIGHTS FLAG ORDERS FOR ARREST DATE SPECIAL CONDITION: BEG 011513 REC 011713 RET 021813/020713 PLDP SENT ,tdeved:2013-06-14 14:18:53 -END OF RECORD- DISCLAIMER: 1,the user,agree that the use of[his service will be subject to the following conditions.All requests will be made In accordance with the Feb Credit Raporling Act.the American with Disabilities Act or other applicable slate and feder_I laws. The user agrees to comply with all applicable stale and federal requirements conceming access to criminal records.The undersigned agrees to hold CourtSeerch.com,an online division of Castle Branch,lnc.,[is officers,employees and any organtzallon Castle Branch,Inc.uses to obtaln reports,harmless Iron and against any expense or damages httpsJ lw ww.courtsearch.comlresults-detailklient=&process=nc&count}=640&case=l2CR 061528Wew--&printable=1 213 5/14113 Detailed Results resulting from the publishing of report Information, The user understands that all Information provided by Castle Branch,Inc.Is only current as of the date provided and maybe up to 72 hours old and is made available on an"as Is" basis.The user understands that Castle Branch.Inc.cannot be responsible for the record keeping practices of third parties such Be,but riot limited to county,state and federal courts,stale repositories,stale and regional prisons,local potice stations,and all other Iocal,state and federal Organizations.The user recognizes that Infommtlnn contained In these reports Is secured by and through fallible human sources. The user agrees In release Castle Branch,Inc.,its officers and employees from IIabTllly for any negligence in connection wllh Ilne preparation or dissemination of such reports and from any loss or expense suffered by the user directly or Indirectly from Castle Branch,Inc,reports. The user agrees to pay all bills for service according to the rate schedule in effect at the tlme such services are rendered,within rtfLeen days from Ilia date of hrvoice and a onre and one half percent(1.5%)per month late charge for payments made past that date. The user agrees that declined credit cards wll be charged In S26 Increments until the total amount awed is recovered. The user understands that the use of criminal records for employment purposes Is governed by The Fair Cred11 Reporting Act.Furthermore,the user agrees not to use this service for employment purposes. The user understands that wills the information provided by this service Is madlly available to the public,the user agrees that 11e4she assume all responsbliity for the use and dissemination of any and all dnformatfon gathered from this service. The user agrees that this agreement constitutes all conditions of service and of reporting,preserd and frdure,applies to all reports made by Castle Branch,Inc.and Is bfndrng in all 60 slates. THE COMPANY HEREBY AGREES TO DEFEND,INDEMNIFY,AND HOLD THE COURT OFFICIALS,THE ADC,ITS EMPLOYEES,AND TFIE STATE OF NOR71-1 CAROLINA HARMLESS FROM ALL LOSS,RISK OF LOSS.AND DAMAGES(INCLUDING EXPENSES,COSTS,AND ATTORNEY FEES)SUSTAINED OR INCURRED BECAUSE OF OR BY REASON OF ANY CLAIMS.DEMANDS,SUITS,ACTIONS,JUDGMENTS,OR EXECUTIONS FOR DAMAGES OF ANY AND EVERY KIND AND BY WHOMEVER AND WHENEVER MADE OR OBTAINED,ALLEGEDLY CAUSED BY,ARISING OUT OF,OR RELATING IN ANY MANNER TO ANY USE MADE BY THE COMPANY OR ANY PERSON WHO OBTAINS DATA FROM THE COMPANY OF THE AOC'S CRIMINAL AND CIVIL DATA EXTRACTS WHEN SUCH CLAIM,DEMAND,SUIT,ACTION OR JUDGMENT IS BASED UPON COMPANY'S INTENTIONAL OR NEGLIGENT FAILURE TO PERFORM North Carolina Administrative Office or the Court(NC AOC)Disclaimer., Castle Branch Is not affiliated w@h the judicial branch of the State of North Caroline or with the North Carolina Administrative Off ice of the Courts(NCAOC),and can not provide a certified or other official record of any court proceeding.CaaW Branch Is solely responsible for the content of this report.Questions or concerns about any content must be directed to Castle Blanch. The or rlcial custodian of all official court records for each county M North Carolina Is Lhe clerk of superior court of that county.The North Carolina Administrative Office of the Courts(NCAOC)is not the Official custodian of any case record and provides only copies or data entered by the clerks.Date provided through this service may not reflect pending or post-disposition activity on a case,The NCAOC does not warrant the accuracy of the date.To v erity a record's accuracy,contact the clerk of the county of record.. 0 2000 CastleBranch Inc. https:/lW Ww courtsearch.co"results-detai l/cli ent=&process=nc&coun"O&case=12C R 061528&vieal-&printable=1 313 5114113 Detailed Results YelocTfild Defendant address:527 COMMONS WAYWILMINGTON NC 28409 RACE WHITE SEX:MALE DOBIAGE 07115/1976 1 36 SERVED DATE: DRIVERS LICENSE NUMBER:26994858 STATE:NC CITATION NUMBER:C1825953 TRIAL DATE:0912812012 CASE NUMBER:12CR007725 CASE TYPE.CR COUNTY NUMBER:640 COUNTY NAME:NEW HANOVER OFFENSE SEQUENCE NUMBER:01 CHARGE TYPE ARRAIGNED OFFENSE TYPE: CHARGERARRN OFFENSE:!EXPIRED REGISTRATION STATUTE NUMBER: TRAFFIC CARD/TAG OFFENSE DATE:08/23/2012 COMPLAINANT:WASHINGTON SERVED:08/23/2012 PLEA: DISPOSITION DATE:0 912 812 01 2 SHOW CAUSE ORDER DATE: FINE:$ VERDICT: METHOD OF DISPOSITION:VOLUNTARY DISMISSAL JUDGE COSTS:$ MTITUTION:$ TO-BE-PAID: MONIES PAID: CONVICTED OFFENSE: CONVICTED TYPE CREDIT FOR TIME SERVED: CONVICTED STATUTE#: SENTENCE TYPE: SENTENCE LENGTH:- PROBATION: VEHICLE STATE:NC CONSOLIDATION FOR JUDGMENT. STATE I.D.NUMBER: LOCAL I.D.NUMBER: CHECK DIGIT: FAILURETO APPEAR DATE: CALLED AND FAILED DATE: DOMESTIC VIOLENCE FLAG: VICTIMS RIGHTS FLAG: ORDERS FOR ARREST DATE: SPECIAL CONDITION: OFFENSE SEQUENCE NUMBER:02 CHARGE TYPE: ARRAIGNED OFFENSE TYPE: CHARGEIARRN OFFENSE:l EXPIREDINO INSPECTION STATUTE NUMBER: INFRACTION RVED:08!2312012 OFFENSE DATE:08!23!2012 COMPLAINANT:WASHINGTON SHOW CAUSE ORDER DATE PLEA: DISPOSITION DATE:0 912 812 0 1 2 METHOD OF DISPOSITION:VOLUNTARY DISMISSAL FINE.$ VERDICT: hops:/Ar wv.courtsearch.comlresults-detail/client=&process=nc&county=640&case=12CR 007725&vier=&prin4able=l 112 5114113 Detailed Results RESTITUTION:$ J UDGE: COSTS:$ MONIES PAID: TO-BE-PAID: CONVICTED OFFENSE: CONVICTED TYPE: CREDIT FOR TIME SERVED: CONVICTED STATUTE#: SENTENCE TYPE: SENTENCE LENGTH:- PROBATION: VEHICLE STATE:NC CONSOLIDATION FORJUDGMENT: STATE I.D.NUMBER: LOCAL I.D.NUMBER: CHECK DIGIT: FAILURE TO APPEAR DATE: CALLED AND FAILED DATE: DOMESTIC VIOLENCE FLAG: VICTIMS RIGHTS FLAQ ORDERS FOR ARREST DATA SPECIAL CONDITION: Retrieved:2013-05-14 14:19:36 END OF RECORD- DISCLAIMER: 1,the user,agree that the use or INS service will be subject to the rogowing conditions.All requests wit be made In accordance Will the Fair Credit Reporting Act,Lila American with Disabilities Act or other applicable state and federal tem. The user agrees to comply with all applicable stale and federal requirements Concerning access to criminal records.The undersigned agrees to hold CourtSeamh-cum,an online division or Castle Branch,Inc.,Its officers,employees and--my organization Castle Branch,Inc,uses to obtain reports,harmless from and against any expense or damages resulting from the publishing of report In(orrnatron. The user understands that all Information provided by Castle Branch,Inc.Is only current as of the date provided and maybe up to 72 hours old and is made available on an-as Is' basis.The user understands chat Castle Branch,Inc.cannot be responsible for the record keeping practk:es or third portles such as,but not limited to cwnty,state and federal courts,stale repohitwias,slate,and regional prison&,local police stations,and all other local,stale and federal organizations.The user recognizes fti.inromation contained in these reports Is secured by and through fallible human sources. The user agrees to release Castle Branch,Inc„its officers and employ sea from Iiabigly for any negligence in connection with the preparation or disaamrnation or such roporls and From any lose or expense auffered by the user directly or Indirectly from Castle Branch,Inc.reports. The user agrees to pay all bills for service according to the rate schedule In effect at The Ilrne such services are rendered,wilhin fifteen days from the data of invoice and a one and one half percent(1.5%)per month Isle charge for pay mania made past that dale. The user agrees that declined credit cards wilt be charged in$25 increments until the total amount owed is recovered. The user understands that the use of crimlhar records f or employment purposes Is governed by The Fair Credit Reporting Act.Furthermore,the user agrees not to use this service for employment purposes. The user understands that YMe the Information provided by this service is readily available to the public,the user agrees that he/she assume all responsibility for the use and dissemination of any and all information gathered from this service. The user agrees that this agreement constitutes all conditions of service and of reporting,present and future,applies to all reports made by Castle Branch,Inc,and Is binding In all 5D slates. THE COMPANY HEREBY AGREES TO DEFEND,INDEMNIFY,AND HOLD THE COURT OFFICIALS,THE ADC,ITS EMPLOYEES,AND THE STATE OF NORTH CAROLINA HARMLESS FROM ALL LOSS,RISK OF LOSS,AND DAMAGES(INCLUDING EXPENSES,COSTS,AND ATTORNEY FEES)SUSTAINED OR INCURRED BECAUSE OF OR BY REASON OF ANY CLAIMS,DEMANDS,SUITS,ACTIONS,JUDGMENTS,OR E%ECUTIONS FOR DAMAGES OF ANY AND EVERY KIND AND BY WHOMEVER AND WHENEVER MADE OR OBTAINED,ALLEGEDLY CAUSED BY,ARISING OUT OF,OR RELATING IN ANY MANNER TO ANY USE MADE BY THE COMPANY OR ANY PERSON WHO OBTAINS DATA FROM THE COMPANY OF THE AOC'S CRIMINAL AND CIVIL DATA 04TRACTS WHEN SUCH CLAIM,DEMAND,SUIT,ACTION OR JUDGMENT IS BASED UPON COMPANY'S INTENTIONAL OR NEGLIGENT FAII-URE TO PERFORM North Carolina Administrative Office or the Covet(NC AOC)Disclaimer: Castle Branch Is not affiliated with the judicial branch of the State of North Caroline or with the North Carolina Administrative Office of the Courts(NCAOC),and can not provide a certified or other official record of any court proceedln.Castle Branch Is solely responsible for the content of this report.Questions or concerns about any content most be directed to Castle Branch, The official custodian of all official court records for each county in North Carolina Is the Clark or superior court of that county.The North Carolina Administrative Office of the Courts(N CAOC)Is not the of floral custodian or any case record and provides only copies of dais entered by the Clerks.Data provkled through this service may not reflect pending or post-disposilion actly lty on a case.The NCAOC does not warrant the accuracy of the data.To verify a record's accuracy,contact the clerk of the county or record.. a 2000 Casllearanch Inc. http:AwmAfcourtsearch.coNresults-detail/client=&process=nc&county=640&case=i2CR 007725&New&printable=1 212 5114113 Detailed Results qOe ^ Defendant address:527 COMMONS WAY WILMINGTON NC 28409 RACE.WHITE SIX:MALE DOBIAGE:07/1511976136 SERVED DATE: DRIVERS LICENSE NUMBER:26994858 STATE:NC CITATION NUMBER:C1627274 TRIAL DATE:03/20/2012 CASE NUMBER:12CR000417 CASETYPE:CR COUNTY NUMBER:640 COUNTY NAME.NEW HANOVER OFFENSE SEQUENCE NUMBER.01 CHARGE TYPE: ARRAIGNED OFFENSE TYPE: CHARGEIARRN OFFENSE:1 SPEEDING 043125 STATUTE NUMBER: TRAFFIC SERVED.01/05/2012 OFFENSE DATE 01105!2012 COMPLAINANT:GETMAN SHOW CAUSE ORDER DATE: PLEA:RESPONSIBLE TO LESSER DISPOSITION DATE:03/20/2012 METHOD OF DISPOSITION:WAIVED BY CLERK,GUILTY,PAID FINE:$15.00 VERDICT:RESPONSIBLE COSTS AND FINES JUDGE: COSTS:$188.00 ?STITUTION:$ TO-BE-PAID: MONIES PAID:Y CONVICTED OFFENSE:SPEEDING 034125 CONVICTED TYPE INFRACTION CREDIT FORTIMESFRVE]: CONVICTED STATUTE#:20-141(B) SENTENCE TYPE: SENTENCE LENGTH:- PROBATION: VEHICLE STATE N C CONSOLIDATION FOR JUDGMENT: STATE I.D.NUMBER: LOCAL I.D.NUMBER: CHECK DIGIT: FAILURE TO APPEAR DATE: CALLED AND FAILED DATE: DOMESTIC VIOLENCE FLAG: VICTIMS RIGHTS FLAG`. ORDERS FOR ARREST DATE: SPECIAL CONDITION: OFFENSE SEQUENCE NUMBER:02 CHARGETYPE: ARRAIGNED OFFENSE TYPE CHARGEIARRN OFFENSE:I DRIVING WHILE LICENSE= STATUTE NUMBER: TRAFFIC ,EVOKED OFFENSE DATE:01105/2012 COMPLAINANT:GETMAN SERVED:01!0512012 PLEA: DISPOSITION DATE:03/20/2012 SHOW CAUSE ORDER DATE FINE:$ VERDICT: httpsJlwww.courtsearch.corrVresults-deteiilclient=&process=nc&county=640&case=12CR 000417&view-&printable=1 112 5W14113 Detailed Results METHOD OF DISPOSITION:VOLUNTARY DISMISSAL JUDGE: COSTS:$ RESTITUTION:$ TO-BF PAID: ..ONIES PAID: CONVICTED OFFENSE: CONVICTED TYPE: CREDIT FOR TIME SERVED: CONVICTED STATUTE#: SENTENCE TYPE: SENTENCE LENGTH:- PROBATION: VEHICLE STATE:NC CONSOLIDATION FOR JUDGMENT: STATE F.D.NUMBER: LOCAL I.D.NUMBER: CHECK DIGIT: FAILURE TO APPEAR DATE: CALLED AND FAILED DATE: DOMESTIC VIOLENCE FLAG: VICTIMS RIC44TS FLAG: ORDERS FOR ARREST DATE: SPECIAL CONDITION: RetrieHad:2013-05-14 14:25:31 -ENO OF RECORD— DISCLAIM ER: 1,the user,agree that the use of this servlco Ml be subject to the following conditions.At requests will be made In accordance wlLh the Fair Credit Reporting Act,the American with Disabilities Act or other applicable slate and federal laws. The user agrees to comply with all applicable state and federal requirements concerning access to criminal records.The undersigned ai to hold CourlSearch.com,an online division of Caste Branch,Inc.,Ili officers,employees and arty orgenlzalion Castle Branch,Inc,uses to obtain reports,harmless from and against any expense or damages resulting frum the publishing of report information- The user understands that all Inf onmaLian provided by Castle Branch,Inc.is only current as of the date provided and maybe up to 72 hours old and is made available on an as is" basis.The user understands that Castle Branch,Inc,cannot be responsible for the record keeping Practices of third parties such as,but not limited to county,stale and federal courts,state repositories,state and regional prisons,local police stations,and all other local,state and Federal organizations.The user recognizes that information contained in these reports is secured by and through fallible human sources. The user agrees to release Castle Branch,Inc.,its Officers and employees from liability for any negligence in connection vi the preparation or dissemination of such repots and from any loss or expense suffered by the user directly or Indirectly from Castle Branch,Inc,reports. The user agrees to pay all bills for service according to the rate schedule In effect at the time such services are rendered,within fifteen days from ilia data of Invoice end a one and one half percent(1.5%)per month late charge for payments made past that date. The user agrees that declined credit cards will be charged In$25 Increments until the total amount owed Is recovered. The user understands that the use or criminal records for employment purposes Is governed by The Fair Credit Reporting Act,Furthermore,the user agrees not to use this service for employment Purposes. The user understands that Willa the Information provided by this service Is readily wettable to the public,the user agrees that hefshe assume all responsibility for Ilea use and dissamfnation of any and all information gathered from this sery ice. The user agrees that this agreement constitutes all conditions of service and of reporting,present and future,splines to all reports made by Castle Branch,Inc.and is binding In all 50 states. THE COMPANY HEREBY AGREES TO DEFEND,INDEMNIFY,AND HOLD THE COURT OFFICIALS,THE ACC,ITS EMPLOYEES,AND THE STATE OF NORTH CAROLINA HARMLESS FROM ALL LOSS,RISK OF LOSS,AND DAMAGES(INCLUDING E)FENSES,COSTS,AND ATTORNEY FEES)SUSTAINED OR INCURRED BECAUSE OF OR BY REASON OF ANY CLAIMS,DEMANDS,SUITS,ACTIONS,JUDGMENTS,OR E)IECUTIONS FOR DAMAGES OF ANY AND EVERY KIND AND BY WHOMEVER AND WHENEVER MADE OR OBTAINED,ALLEGEDLY CAUSED BY,ARISING OUT OF,OR RELATING IN ANY MANNER TO ANY USE MADE BY THE COMPANY OR ANY PERSON WHO OBTAINS DATA FROM THE COMPANY OF THE AOC'S CRIMINAL AND CIVIL DATA EXTRACTS WHEN SUCH CLAIM.DEMAND,SUIT,ACTION OR JUDGMENT IS BASED UPON COMPANY'S INTENTIONAL OR NEGLIGENT FAILURE TO PERFORM North Caroline Administrat"Office of the Court INC AOC)Disclaimer: Castle Branch Is not affiliated with the judicial branch of the Slate of North Caroline or Qh the North Carolina Adminislretfve Office of the Covets(NCAOC),and can not prov Ide a certified or other off total record of any court proceeding.Castle Branch is solely responsible for the content of this report.Ruesgons or concerns about any content must be directed to Castle Branch. The official cuitolish Of all offlclel court records for each county in North Carolina Is the clerk of superior court of that county.The North Carolina Administrative Office of the Courts(NCAOC)Is not the article[custodian of any case record and provides only copies Of dale enlEred by the clerks.Data provided through this service may not reflect pending or post-disposition activity on a case.The NCAOC does not warrant the accuracy of the data.To verify a record's accuracy,contact the clerk of the county of record„ 0 2000 CaslleBrench lac, hops/Av.%r.courtsearch.comlresults-detai)/Client=&process=nc&couniy=640&case=l2CR 000417&-ieW=&pr1ntaUe=1 212 5114113 Detailed Results Defendant address:527 COMMONS WAYWILMINGTON NC 28409 RACE:WHITE SEK:MALE DOBIAGE.0711611976 1 36 SERVED DATE: DRIVERS LICENSE NUMBER:26994858 STATE:NC CITATION NUMBER: TRIAL DATE:06125/2012 CASE NUMBER:11 CRS060960 CASE TYPE:CRS COUNTY NUMBER:640 COUNTY NAME:NEW HANOVER OFFENSE SEQUENCE NUMBER:51 CHARGETYPE ARRAIGNED OFFENSE TYPE: CIWRGFJARRN OFFENSE:1 DOMESTIC VIOLENCE STATUTE NUMBER: MISDEMEANOR PROTECTIVE ORDER VIOLATION{M} OFFENSI°_DATE:1 112 112 0 1 1 COMPLAINANT:VERNON,T SERVED:11/23/2011 PLEA: DISPOSITION DATE:06/13/2012 SHOW CAUSE ORDER DATE: FINE:$ VERDICT: METHOD OF DISPOSITION:CHANGEOFVENUE JUDGE:WHG COSTS:$ STITUTION:$ TO-BE-PAID: MONIES PAID: CONVICTED OFFENSE: CONVICTED TYPE: CREDIT FOR TIME SERVED: CONVICTED STATUTE#: SENTENCE TYPE: SENTENCE LENGTH:- PROBATION: VEHICLE STATE:NC CONSOLIDATION FOR JUDGMENT: STATE I.D.NUMBER: LOCAL I.D.NUMBER: CHECK DIGIT: FAILURE TO APPEAR DATE: CALLED AND FAILED DATE: DOMESTIC VIOLENCE FLAG: VICTIMS RIGHTS FLAQ Y ORDERS FOR ARREST DATE: SPECIAL CONDITION: Retrieved:2013-05-14 14:35:56 -ENO OF RECOFD ^ISCLAIM EFR: 1,the user,agree that the use or this service V011 be subject to the following condfllons.A6 requests will be made In accordance wah the Fair Credit Reporting Act,the American with Disabrlillos Act or other applicable state and f ederel laws. The user agrees to comply with all applicable state and f ederal requirements concerning access to criminal records.The undersigned agrees to hold CourtSearch.com,an onnne division of Castle Branch.Inc.,its officers,employees and any organization Castle Branch,Inc.uses to obtain reports,harmless from and against any expense or damages resulting from the publishing of repot Information. The user understands that all inf0tarRUon provided by Castle Branch,Inc.Is only current as of the dale provided and maybe up to 72 hours old and is made available on an"as is' basis.The user understands that Castle Branch,Inc.cannot be responsible for the record keeping praclk s or third parties such as,but nd limited to county,stale and federal courts,stale repositories,slate and regronar prisons,local police stations,and all other local,state and rederel organizations.The user recognizes that Information contained in these reports Is secured by and through fallible human sources. httpsJAty+rmcourtsearch.comfresults-detail/client=&process=nc&counter640&case=11CRS060960&we via=&printable=i 112 5414113 Detailed Results The user agrees to release Castle Branch,Inc„its officers and employees from liability far any negifgence In connection with Ilre preparallon or dissemination of such reports and rfom any loss or empense suffered by the user directly or Indirectly from Castle Branch,Inc.reports. The user agrees to pay all bills for service according to the rate schedule In affect at the time such sery ices are rendered,Within fifteen days from the date of Invoice and a one and one half percent(1.6%)per month late charge for payments made past that dale. The user agrees that declined credit cards will be charged In$26 Increments ungl the fatal amount owed is recav Bred. The user understands that the use of cdmhral retards for employment purposes Is governed by The Fair Credit Reporting Act.Furthermore,the user agrees not to use this service for employment purposes. The user understands that while the Information prov lded by this service Is readily avallebie to the public,the u3er agrees that hafshe assume all responsibility for the use and dissemination of any and all Information gathered from this service. Thor user agrees that this agreement constitutes all conditions of service and of repoding,present and future,applies to all reports made by Castle Branch,Inc,and Is binding In all 50 stales. THE COMPANY HEREBY AGREES TO DEFEND,INDEMNIFY,AND HOLD THE COURT OFFICIALS,THE ADC,ITS EMPLOYEES,AND THE STATE OF NORTI-I CAROLINA HARMLESS FROM ALL LOSS,RISK OF LOSS,AND DAMAGES ONCLUDING ErPENSES,COSTS,AND ATTORNEY FEES)SUSTAINED OR INCURRED BECAUSE OF OR BY REASON OF ANY CLAIMS,DEMANDS,SUITS,ACTIONS,JUDGMENTS,OR EXECUTIONS FOR OAMAGES OF ANY AND EVERY KIND AND BY WHOMEVER AND WHENEVER MADE OR OBTAINED,ALLEGEDLY CAUSED BY,ARISING OUT OF,OR RELATING IN ANY MANNER TO ANY USE MADE BY T1 1E COMPANY OR ANY PERSON WHO OBTAINS DATA FROM THE COMPANY OF THE AOC'S CRIMINAL AND CIVIL DATA EXTRACTS WHEN SUCH CLAIM,DEMAND,SUIT,ACTION OR JUDGMENT IS BASED UPON COMPANY'S INTENTIONAL OR NEGLIGENT FAILURE TO PERFORM North Carolina Administrative Office of the Court(NC ADC)Otscialmer. Castle Branch Is not off illated with the judicial branch of the Slate of North Carolina or vdlh the North Carolina Administrative Office of the Courts(NCAOC),and can not provide a certified or allrer official record of any court proceeding.Castle Branch Is solely responsible for the content or this report,Questions or concerns about any content must be directed to Castle Branch. 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CITATION NI.Mrr--l3: TRIAt..DATez 0812712012 r-A5#;VW Eft"P,1 I C,Ro,,,"2571 CAME TYPE:C COUNTY NUMU"R:640 COUNTYI:A tdCW I-IA.•:()VI=r' OFFENSESI QUU,7CENUfn6t=,R:01 CHARCZ-TYPF Ar`>*FEf•'tiC�.EOFTK-;TfT',: 0IARGF JARRN0FFIJ'.SIE:1SIMPLEP.SSAULT ST 'iU1ENUM0ff M'Sl]EA'�:AtJO:i SERVED:0611012011 OFFENSE DATE:061090)1"l C0i;1: L.AINANT:EG!:I".T'CA,L SHOW CAUSE ORDEf2PATE: tyl lA OM rl'030'tt'1'I3-;1l:07iiW2011 TROD OF D1SPOS11It 1P':VC-UNITARY DISMISSAL. !TN n:: VLRI"G.;" 13..STITLrpoN:$ JUDGI": 000,5:w MONIES PA"): TO-E5Pf JD: CONVICTS OFD ZVSE: CONVICTLO TYF'l: C,fEr,iT rn,,':IMC �vr;,Y: CONVICTED swum I`: SFNT'ENCETYKE.: SENTENCE LEVOTII:- PRORATTON- 'ILI11CI-L-OT'AK,NC CONSOLTATION FOR JUIX—:.''fir; "STATEI.A.NUMRJ:: ,VC1530998A Lo(w-Irs.prr3,>:y":.:P: CHECK D1(-.T:DIR8091 C FA.LURE TO APPF-'R DPT11: CALLED AND 1=A!LED DATE: DOMESTIC VIOL-EMC^FLAG: frt:fII`:S NlG'.-rl C FLAG;y 0RDGF.S FOR At-PT--f T Zr'Ir,• SPECIAL GOh!DITI TF': -rCNSE SEQUEi;C. i;rIMFER:0.". GI.11,PC'E TYPF- CFIARGRARRN OFFENSE:l INJURY TO PERSONPL STAT#FCE-NU BER: AtI!SDEV;Ei7,Nf PROPERTY OFI Ce SE DATC;:0610 9120 11 rOMPI_i'll'AI-Po't'_C•L'I:'",0 1 hops:/Mrouwrcourtsearch.canY results-detall/cllent=&process=nc&count}-640&case=liCR 055571&NewC 112 W14M3 ' Detailed Results SmvEr'r:03j10i2011 PLEA:GUILTY ICI;•^O:i'i 1t3:i t.nT'r [ir?;27r'.t)12 SHOW CAU EORD&I DAM— FI°Sig' Vr"t>h'r f:PRAYED[-0R MOD OF DIU'P0,sh iOF':JUDGEMENT JVI3E'w RWR JULfGr-:,.w .,.,r RESTITL►TM' P V TORE;Alb; r kC? Tj_; MONILS f-Ain: CONVIGIED OFi ENS i:INJURYTO PERSCNAI.PROPL=RW CANVIE.l7"r1 TYWR WSDEI•;-`PNOR CI1z!:DI't1Or.T1;it;;,; COPNIGTED STAT 14-160 a ENT EN%,TYPG:: SF.NrTENCI=L&W-i"H:- PkOl3ATI[Cft 1IM7:.F;TA:i':,:N43 CONSOLInATION FOR M"IC-70914-i: �`TATL I.D.NItIIH[iM;:C 15309L 8A CHECK VICFT.DR13C91 t3 tAILURL TO API-ErA DAT°_: CALL M- AND FAIL ED DA i E: DOMESTK•VIOLENCE FIJ G� VIM-Avis RIO. ;r LAC`. 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Site May GL'UrNe it bVITdrigion,NC Lin' Partrler:si-•s W bitl_s 2f,105 https://wuwvcourtsearch.corrVresults-detail/clieM=&process=nc&county=640&case=11CR 055571&4eulv- 212 5114113 Detailed Results q0e Wc TftFAG Webinars Contest Us !.arroirl .cot Your Search Cata7ory Our SONCLE Pricing Demo "N•courti Other suggested searches: Skip Trace DMV Records NC IntractIons NC Clad Records BERGER,BRIAN,MATTHEW Defendant address.527 COMMONS WAYWILMINGTON NC 28409 RACZ:WHIT- .1E X:MINI.: VOBIAC';U7/1511976!36 SERVED DATE:: DRIVRIL LICE 43E N� IM€131:R 26994858 r:".Tt:NC en'ATIUt: 26113E2 TiJAL GATE:01121/2011 CA E!!Ufi.',slm z'IOGR7';1072 CASE TYPE:CF: C(AJNTYNUI BVS.:6,40 COUiJIYNA:,1r: LOW Hf,,.,'OVL-R OFFUf SESEMEMCE«h!UME:['E'�I:0'1 CHAR07TYPE.: ARR!Kf '.D OFFEN'fFTY[-I- CHARGFVARRi4 EXPIRED REGISTRATION STATUTE IXMI EIt T€P i71C CfiPDfTAG OFFEtW-DATF-t 1110P.010 COMPLAIN^IPIT;(O DDLI TON,:T,N Sl F1 W. .1111ur2U 0 PLP:A:GUI!TY 04,PO°fr'if3[.=€ATZ:1210^fs010 ,mOW GAIIS-ORDLR DATE, PINts:';2'.).00 VL.Fti7IC7':t,;IJIL't METHOD OFr OISPOI[T[ON:WAI"ED E;Y CLEP,I:.GUIr_TY.PAID JUDC E.: r f i iT.`'1:.y 1-13'.00 COSTS AND FINES TO-OF-PFIJ: RESTITUTION:a MONITS PAID:Y CONVICTEF)OFFS!.SE:E3.'(REOREGISTRATIONCARDfrAG CO',VICvWTYPL,. RPFFiC Si'e ::TMvk'!FO'L CONVICTED STAT U i E#;?0-111(2) SENTENCE TYPE: SENTENCE LEt'r%TH.- Pf.OrATION: W-;AIC!r"STATE:NC CONSOLIDATION FORJUDGMt.:NT: STATE I.D.NI III".EiE:: I.O(F!15).VIJ;A(3=R- CHECK WIT: FAILUEE TO APPEAR DATE: CALI,LD AND FAILF~)DATE DOMESTIC VIOL i_NCEFfe. C3: Vli'T[:.;5C':li'i€ ORDERS�OR AMEST DATE: -COAL rOWDI`1 `TPl: O!-W-NS E SEC.IUEPCE NUMBEM 02 https:Ihr mn+w.courtsearch.con-dresults-detailklierrt=8 process=nc&count}=640&case=IOCR 711072&,iew-- 112 '5/14113 Detailed Results CHARCJA11RE OF"SE:I EXPIRED/140 INSF ECTION STATUTE f'UfYt6Tl R: IM-RACTIOh, SERVED:11i10Y101(I OFFENS'i'DATE:-1-1110/2010 C0.1ki"'L`1Wr:iv.i,,01 F.1,Q,V.:I.1,: .JW CAUSE ORDER PATL: PLEA;PESPONSICLE Ui"PO:;!'tiSl u'+TI;.1J.ID21e01U iPlCTlIOD OF RISPOSlTTON:WPJVFI)BY CLERK,GUILTY,PAID HNr.',,; CC)ITS,AND FINES Jt w7t t t4^Tt: RESTITUTION:$ TO•155PAID: MOME`a PAtH):Y CONVICTED fTirI:.:d$`:c?r'l?rl)/NO INS PECT'ION CO.'W,!'Et)7YPE:!NFRAC_t10:J 1,:t<.?I'iF�li:fi`rtf firai�Vw_) 0OP.VICTE9:W TU.'F I"::.0-1 33.3(A)(1) Si5HTTr3'If'E TYPE: SENT M- CELEPI,TH:- PROVATlON: V_"13{;Lr's`�iafr:NC CONSOLIDATION FOr JII TENT: STAT7I,D. CHECK 0110 T: FAILD,.I=TO APPEAR DATE: CALLED AND FAILI ID?3ATC; DOMESTIC VIOLLNCE FLAG• 111,,R','.1,PIG,i,'S I-Au. ORM RS R)R ARREST 13A'I'.:: X( L CONDITIQ1 t: Retrieved:2013-05-14 14:36:23 -END OF RECOf Q- DISCUS#M ER: I.Ih:r u•.or,i •m IN I th; ute Lf(his,- v6,^ dl C ,hk-1 So 11•IallU,a iJI r•t:uc tl L. mrda:n:ceridam. :.i[h 1h-F C:rq,i';L'-rwair j Aal.it -:n •`a : Printable Version w,h Ds bilitf Act of r/it :Fg:IC'fNir"t to "nd I L_81 I h , Th u: r agrn-s fn rompiy 111 WI npl.,lic,M;sl t,.nd RO.r71 n Tuir, a:.n1S rnnr crnliio art a:to criuin.:l I +[:..Th ur,I r:1•rn j A^r;�,19 lI.- C[r.n'3 arch.cnm.:n ri divlsicua of Ca:;th Br nch.hn:,,1)a on if,r.,cn.ploy ecs-nd wy organs -'ion C-:T�Elr,,--I,.la:,us,,.Ir obtu,m}-=ts.> •n_:.a f r+.7r, o 1; .wn g ,ny...>I: n ar t-n: Contact Company Other Tool, ,Ind3rrvlce=. ;110:F.Support En1-ail Gourlsoarch,ccrn Abr.ui Courl:oorch.com OV':;C.alenJ..r 6E'3•9"r.-tW'7 3.91,5.34(,.0797 M-Aaher CCUM C..Iendw FAC ''rivt:c-Y Pf111,;y Costle Dranc:l Employment St.tening Sir Tyk r0nvc $rta Wp Ci,,dkitall Wilraingion,14, Lin:1.R Pjrinonihnr0 %,V,Ix wr ^.0 1 I hilpsJlwww.courtsearch.corrdresults-detaEl/cl lent=&process=nc&count)640&case=10CR 711072&Aevl,= 212 5J14l13 Detailed Results q0elfrCTAIN. FAQ WebinarB Contact Us 10=7�±ail Aect Yo:ir Se,mh CmiE gory Our Servicos "ricing Demo f.cr•--r-ni Other suggested searches: Ski} Trace DMV Records NC Infi•ections NC CIVI Records B E RG E R,BRIAN,MATTHEW Defendant address:527 COMMONS WAY WILMINGTON NC 28409 RACE-WHAT 0e,:N?V.E 0711 5110,(s 136 SEt2VED DATE: URIVERi,!,IC;i:!%--I'UF.7I3E't:2699485fi 8 ft,7E:NC CITATION NUPArJi=t.:C 1052928 'f kOj..DATL::1111 WO 10 C;IN,*t::NW:F11HP:10CR01 I rlb CASe.TYPE:CR COUNTYNU:1° ::Cam'0 :OUNTY:'AML.I'Ev:F:.-4:OVL=f OFFENSE SCQUEt zCE-,NUrai8ER:01 CHARG:TYPE; 'FO(-(Fl-r-IC E WIL; CHARfFIPRRN GRFM'SE:1 SPEEDING 041£.25 STATUTE NIJI;'L::R: TRreFIC SERVED:1011,£?010 01-7TNSF-DATE:1 0114120 111 COMFLAlr!r?''t;r.'= P'Itrl,K SHOW CAUSECROO.'DATE: PLEA:GUIL'T'Y Q.';F'O,,fTlO'?DATE:1111(,1201+) eiF.THODOrDISPOSMOr';WAIVED BYCLERK.(.?UILTY,PAO Ri-T- "50.00 VLRDI-T:GUILTY COSTS AND FINES JUI IZ. CO3:;TS:,s1 13.00 RESTITUTION: TO-07 PPID: MONIES PAlr1:Y CONVICTED OFf-L+'Sr-SPEEDING 041i25 CONVICTI;'DT"PE:TRAFFIC CFi=t?IT4-OR11.N, W-4V, D: GONACTTEn.*TATUTC M 20-141(J 1) SCNTUNCC TYPt- SENTENCE LEVGTH:- FRObATrC.!: I'AfF.:NC CONSOURATION PJR JUPC E141': STATE J.D.NU:13F.R: LOC1i'..LP.r'U'Sttr-R: CHECK DIV ': FAILUPETO APPEAR W L CELL E-D AND r/'!LE'}DATE, DOMESTIC VIOLENCE FLACx FL.'.(? ORt7l;'f(a FIR 7.WLTr 97r,TE: SPECIAL GORVIT;014- OFFENSE Z:Z :QUENCE N1JmLiar1:a'? CtJAR( T11'L Afir;A-h NEI)OFK;'.S:_TYPL: CHARGEfAM.- N OFi Nat:!4f''1RED r:EGJSTRATION STATUTr_A-AlA£ https://+w w.courtsearch.comhesults-detaii/Client=&process=ric&county=640&case=1OCR 011096&>,ierF 112 5/14113 , Detailed Results CARDfUC3 OFFENSEDAYE:10/14!2010 G(.MPL!',ts A11 GC=', AW.1: SERVFD;101'14,2010 PLEA:GUILTY W? 11`1 aaIONDRT'::1111(10010 3WCAUSEOKOERDAATi w;4E141 Fi.�tl.>9e :GUILTY METHOD OF DMIRO-411014.WAIVED BY CLEW,,Gk)ILTY.PAIL) JUDGE. GOSTF AND FINES T043'.-PPJtl: RE.STII'LITION:fi MONIES PAN):N' cowit,1'EI)OFtFJ 15E:E:llriEI)RFGls,rpt'rioN cA.iDrr'G CONVIC FE D TA Ia:TRAW[c T t4uv CONVICTED'TATLITE°:70-111(2) IUNTI NCE IYPE: SENTENCE L J3xWl t:- PROBATICN: NL-i 7lCL'7;TiXE-N C GONSOr.IDATIONFp'wUDwENI': STATE i.D.NUML.ER: Lout.I.;) H(11€121'7': CFIECK DIGIT: FAILUI:'--.TO APPFAR OXi E: CALLED AND FAtLM DATE: DOMEUTiC:VICLENCE FLAG'>. V1GTlr•1,R1 ''t1"+t°i.AU ORD"..ta FOR ARNUST DATL: .CIAL CONlDITIOI-: Retrieved:2013-05-14 14:36:38 —FNa OF RECOED— DISCU,IM E : I.the a a'n 11"I I110 U. of{r: S Aix vnll t uiii zi 19 IIN Iar�,*v our'Ilion 3..'.Il ru;'rah. •4=ai'rr-a.no'.rmlk n h the f' C 'it Rc x x•F.L Printable Version wrh IY.:vIf .A^I x-r oft r .V-1>1;.uta -nd f;4:ml:-a. Th. Lc r ag.[,c•In cA Ply with rll anpliri rte st-is 131,dLrtl r tu:n r 018.:nnr,:min^ec" to cr:mIn;.l r.r,-.r i 10 un i 1gr.-d lylE'-s to I'J.d Gc-ui tr_.!truant in r-r -w dlvltirm of C•ollr i•i.nch.Iry its of i• is.cmjAc,yecs and 7 ny orC'nip!'.IJn C..It Rrnoh.IIW.W-s b•nt+lnh.i TIs.t-7Ml=5-faro Contact UZ Carry any 0th^r Toole and Crrvl"a Shte;:f:=wq)ort Email Couri:i^ar,,.i.00m F.UoulCourtse-wch,com MY Ce'cndir i-6[.i•:1,'7±97 1,166.1148.0797 Di_ Urnei Courl GA-and.r FAf Privacy^e'Iq Carne Dranch Emplovn.cnt Sc.::e•ninn Sir Tyh r rhivo Srtc Map Cwrtkildl 4Vdmrnr'ton,1"G Unk;8 Pmilro-nhip V�-bm,aiu 1a405 htt ps J/vwaw.courtsearch.co"results-detail/client=&process=nc&coun(y=640&case=IOCR 011096&Nevr-- 212 ,5114113 Detailed Results eWhft Defendant address:527 COMMONS WAY WILMINGTON NC 28409 RACE WHITE SEX:MALE DOBIAGE,07115/1976 1 36 SERVED DATE DRIVERS LICENSE NUMBER:26994858 STATE:NC CITATION NUMBER: TRIAL DATE:08/07/2012 CASE NUMBER:12CRS002332 CASE TYPE:C RS COUNTY NUMBER:090 COUNTY NAME:BRUNSWICK OFFENSE SEQUENCE NUMBER:51 CHARGE TYPE: ARRAIGNED OFFENSE TYPE: CHARGRARRN OFFENSE:I DOMESTIC VIOLENCE STATUTE NUMBER: MISDEMEANOR PROTECTIVE ORDER VIOLATION(M) OFFENSE DATE.1112112011 COMPLAINANT:VERNON,TJ<, SERVED:06120/20 12 PLEA:NOT GUILTY DISPOSITION DATE:08/02/2012 SHOW CAUSE ORDER DATE- FINE:$ VERDICT:NOT GUILTY METHOD OF DISPOSITION:JURY TRIAL JUDGE:THL COSTS:$ 'SSTffUTION.$ TO-BE-PAID. MONIES PAID: CONVICTED OFFENSE: CONVICTED TYPE CREDIT FOR TIME SERVED: CONVICTED STATUTEM SENTENCE TYPE: SENTENCE LENGTH:- PROBATION: VEHICLE STATE:NC CONSOLIDATION FOR JUDGMENT: STATE I.D.NUMBER: LOCAL I.D.NUMBER: CHECK DIGIT: FAILURE TO APPEAR DATE: CALLED AND FAILED DATE DOMESTIC VIOLENCE FLAG: VICTIMS RIGHTS FLAG: ORDERS FOR ARREST DATE: SPECIAL CONDITION: ORDER TO CHANGE VENUE FROM HEW HANOVER CO Retrieved:2013-05-14 14:37:33 -ENO OF RECORD- D3SCLAIM ER: I,the user,agree that the use of this service will be subject to the following conditions.Ali requests will be made In accordance with the Fair Credit Reporting Act,the American with Disabilities Act or other applicable slate and federal lave. 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Detailed Results q?ARr 'III .r Defendant address:527 COMMONS WAY WILMINGTON NC 28409 RACE WHITE SIX:MALE DOBIAGE:0 711 511976 1 36 SERVED DATE: DRIVERS LICENSE NUMBER:26994858 STATE:NC CITATION NUMBER: TRIAL DATE.08!0712012 CASE NUMBER 12GRS002332 CASETYPE:CRS COUNTY NUMBER:090 COUNTY NAME:BRUNSWICK OFFENSE SEQUENCE NUMBER:51 CHARGE TYPE: ARRAIGNED OFFENSE TYPE: CHARGEIARRN OFFENSE:!DOMESTIC VIOLENCE STATUTE NUMBER: MISDEMEANOR PROTECTIVE ORDER VIOLATION(M) OFFENSE DATE:11/21/2011 COMPLAINANT:VERNON,T.K. SERVED:06120/2012 PLEA:NOT GU ILTY DISPOSITION DATE:08/02/2012 SHOW CAUSE ORDER DATE: FINE$ VERDICT:NOT GUILTY METHOD OF DISPOSITION:JURYTRIAL JUDGE:THL COSTS:$ zZTIITUTION:$ TO-BE-PAID: MONIES PAID: CONVICTED OFFENSE CONVICTED TYPE: CREOTT FOR TIME SERVED: CONVICTED STATUTE#: SENTENCE TYPE: SENTENCE LENGTH:- PROBATION: VEHICLE STATE NC CONSOLIDATION FORJUDGMENTt STATEi.D.NUMBER: LOCAL LID.NUMBER: CHECK DIGIT: FAILURE TO APP EAR DATE: CALLED AND FAILED DATE: DOMESTIC VIOLENCE FLAG VICTIMS RIGHTS FLAQ ORDERS FOR ARREST DATE SPECIAL CONDMON: ORDER TO CHANGE VENUE FROM HEW HANOVER CO Retrieved:2013-05-14 14:40:27 —CND OF RCCORD DISCLAIM ER: 1,the user,agree that the use of this service will be subject to the iollovAng conditions.All requests will be made In accordance with the Fair Credit Reporting Act,the American vrth Disabilities Act or other applicable state and fsderai laws. 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The official custodian of all official court records for each county In North Carolina Is the clerk of superior court of that county,Tire North Caroline Administrative Office of the Courts(NCAOC)Is not the official custodian of any case record and provides only copies or data entered by the clerks.Data provided through this service may not reflect pending or peal-disposition aclivby on a case.The NCAOC does not warrant the accuracy of the data.To verity a record's accuracy,contact the clerk of the county of record.. v 2o00 CestfeBranch Inc. h":/Avmv.courtsearch.carrtlresults-detail/Client=&process=nc&county=090&case=12GR5002332&,ievo--&printable=1 212 i � 3 3 COPY i f f NEW HANOVER COUNTY BOARD OF COMMISSIONERS I RESOLUTION i ADOPTING A CODE OF ETHICS WHEREAS, G.S. 160A-86 requires local governing Boards to adopt a code of ethics; and i WHEREAS. New Hanover County citizens deserve to be served by public officials who maintain the highest ethical standards; and WHEREAS, the stability and proper operation of democratic representative government depends upon t public confidence in the integrity of the government, and upon responsible exercise of the trust conferred by the citizens upon their elected officials; and WHEREAS, Board members must act in a manner that maintains their integrity and independence and be responsive to the interests and needs of those they represent; and WHEREAS, Board members must know how to distinguish among their various roles, to determine when each role is appropriate, and to act accordingly: 1. As advocates,who strive to advance the legitimate needs of their citizens. 2. As legislators, who balance the public interest and private rights in considering and enacting ordinances and resolutions,and 3. As fair and impartial decision-makers, when making quasi-judicial and administrative determinations. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners does hereby adopt the following Code of Ethics to guide the Board of County Commissioners in its decision-making. The Board of Commissioners directs all County boards and committees to respect and i abide by this Code of Ethics in the performance of their duties. CODE OF ETHICS Purpose. f The purpose of this Code of Ethics is to establish guidelines for ethical standards of conduct for the Board of County Commissioners. It should not be considered a substitute for the law or for a Board member's best judgment. i Section 1. A. Board members should obey all laws that apply to their official actions. The spirit as well as the letter of the law should guide their actions. Board members should feel free to assert policy positions and opinions without fear of reprisal from fellow Board members or citizens. B. Board members should endeavor to keep themselves current, through the County Attorney and other sources, of the most pertinent constitutional, statutory, and other legal requirements with which they must be familiar in order to meet their legal responsibilities. C. Board members shall comply with G.S. 160A-87 in receiving two clock hours o_f ethics education within twelve months of each election or appointment to office. Section 2. Board members should act with integrity as they exercise the functions of their offices. Characteristics and behaviors that are consistent with this standard are: A. Behaving consistently and with respect towards everyone with whom they interact. B. Exhibiting trustworthiness. 1 a 6 C. Living as if they are on duty as elected officials regardless of where they are or what they are doing. D. Using heir best independent judgment to pursue the common good; while being able to consider g P the opinions of others,presenting their opinions to all in a forthright manner. E. Remaining incorruptible, self-governing, and not subject to improper influence. F. Disclosing contacts and information about issues that they receive outside of public meetings and refraining from seeking or receiving information about quasi-judicial matters outside of the ! quasi-judicial proceedings. G. Treating other Board members and the public with respect, and honoring the opinions of others even when they disagree. H. Being careful not to reach conclusions on issues until all sides have been heard. I. Recognizing that individual Board members are not generally allowed to act on behalf of the Board. but may only do so if the Board specifically so authorizes because the Board must take official action as a body. Section 3. Board members should be faithful in the performance of the duties of their office. Board members should faithfully attend and prepare for meetings. They should carefully analyze all credible information 3 that is properly submitted to them, mindful of the need not to engage in communications outside the meeting in quasi-judicial matters. Thev should demand full accountability from those over whom the Board has authority. ' I Section 4. Elected members of local governing Boards should conduct the affairs of their Boards in an open and public manner. They should comply with all applicable laws .governing open meetings and public records, recognizing that doing so is an important way to be worthy of the public's trust. They should remember when they meet that they are conducting the public's business. They should also remember that the records of their local government belong to the public. A climate of openness is to be maintained at all times. They should take deliberate steps to ensure that any closed sessions.held by the Board are conducted lawfully, and that such sessions do not stray from the purposes for which they are called. Section 5. ' This Code of Ethics shall be effective upon adoption,unless modified, amended,or repealed. ADOPTED this the 6'h day of December,2010. i NEW HANOVER COUNTY pV Nom'N n an B eld, , Chairman o _ r 3�� •F'TT�BLISHEDj`, Sheila L. Schult,Clerk to the Board