NC Ethics Commission Filing on Charter School Bill 793 and Phil Berger Conflict of Interest


The State Ethics Commission has the authority to investigate complaints against those persons covered by Chapter 138A, North Carolina General Statutes, “The State Government Ethics Act,” for alleged violations of the Act. Please see section 138A-12. G.S. 138A applies to legislators, legislative employees, certain public servants, and judicial officers.  

George Hartzman
Greensboro, NC  27455

§ 138A-37.  Legislator participation in legislative actions states; "no legislator shall participate in a legislative action if the legislator knows the legislator or a person with which the legislator is associated may incur a reasonably foreseeable financial benefit from the action"  

The person I believe may have violated specific provisions of the Ethics Act is President Pro Tempore of the Senate Phil Berger Sr., relative to SENATE BILL 793, as modified and passed by the Senate in and before July, 2014.

Legislation approved by the Senate, which Phil Berger Sr. voted for, appears to allow management companies running taxpayer funded charter schools to keep their employees’ salaries secret, which would lead most to believe Berger Sr. perverted the political process to benefit associates and family members.

Paul Norcross, Phil Berger Jr's Chief Political Adviser, whose father is Phil Berger Sr., personally profits from a charter school via a management contract.  Norcross, co-founder of the N.C. Alliance for Public Charter Schools which includes Phil Berger Jr. as a board member, appears to be in line to benefit from the legislation.

Mr. Norcross was appointed to the Public Charter School Advisory Council by Phil Berger Sr.

Phil Berger Jr., who has an approved charter school in Rockingham County, appears to be a potential beneficiary from the legislation.

Baker Mitchell, president of the N.C. Alliance for Public Charter schools also affiliated with Norcross and Phil Berger Jr., who is under investigation by the Department of Education, personally profits from his charter schools via management contracts, was appointed to the Public Charter School Advisory Council along with Norcross, by Phil Berger Sr. Mitchell appears to be a potential beneficiary from the legislation.

Alan Hawkes, Vice President of Greensboro Academy, who made the motion and voted to approve Phil Berger Jr's charter school, in what appears to be a violation of North Carolina Public Charter School Advisory Council Rules, was appointed to the Council by Phil Berger Sr., appears to be involved with a potential benefit from the legislation.

Phil Berger Sr. participated in a legislative action knowing persons that "may incur a reasonably foreseeable financial benefit from the action", including Alan Hawkes, Baker Mitchell, Paul Norcross and Phil Berger Jr.

The legislation may very well personally benefit Phil Berger Sr's son without taxpayer disclosure, 
based on the advocacy of Berger Sr., for the benefit of Berger Jr. and Hawkes, Norcross and Mitchell.

I believe the Public Charter School Advisory Council gave Phil Berger Jr. preferential treatment concerning his taxpayer funded application by board members appointed by Phil Berger Sr.

George Hartzman


Phil Berger Conflict of Interest Recusal Call; NC Bill SB 793 on Charter School Transparency 

Phil Berger Jr's Norcross' Phoenix Academy "management contract" request and conflict of interest

Paul Norcross' no-bid contract for himself paid for with taxpayer money?

Paul Norcross, apparently appointed to board by Phil Berger, denied charter school due to "conflict of interest"

N.C Alliance for Public Charter Schools Board of Directors; Phil Berger Jr. and Paul Norcross

The charter school issue not reported before the Walker Berger election

Phil Berger Jr. fellow board member under investigation by the U.S. Dept. of Education

From the meeting minutes when Phil Berger Jr. got his charter school approved

Is this what Phil Berger Jr's big financial backers want with Jr in DC?


Ron Rabatsky said...

Great, well researched report. Very glad I read it.

Paul Stutts said...

Good job George. I had heard a rumor about this bill and am disappointed in Berger's behavior.