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Commissioner Dave Berger resigns after contentious public debate over data‑center ordinance process
Summary
A multi‑hour public discussion over a proposed data‑center ordinance and the county’s drafting process culminated in Commissioner Dave Berger reading a resignation letter citing hostility and personal attacks. Residents and planning officials disputed whether a draft had been produced before public input closed.
A lengthy and often heated public session on a proposed data‑center ordinance and how planning and zoning drafts should be produced ended with Commissioner Dave Berger submitting his resignation, effective immediately.
During a public comment period, residents and planning‑board members expressed frustration about transparency and process. Several speakers said they felt a draft ordinance had been circulated or prepared before the public comment window closed, which they said undercut trust. Critics urged that planning and zoning retain its role in gathering public input while legal counsel prepare the final text; others argued the state’s attorney should draft ordinances to avoid repeated long planning‑board sessions.
State's Attorney (speaker 16) told the meeting his office had responded to all incoming public submissions and that he had been directed by the commissioners to prepare a working draft; he said drafts can be revised based on further public comments. Multiple residents urged clearer notice and earlier circulation of drafts to avoid perceptions that public input was disregarded.
In the middle of the public comment period a speaker (speaker 22) read a prepared resignation addressed to the Oliver County Board of Commissioners. The letter said the author had been subjected to “personal attacks, profanity, and baseless accusations” related to a potential project and that, for the sake of health and family, he would resign his office immediately. Attendees reacted with audible support and calls of "Dave," and several residents urged the board to pursue greater transparency and avoid further division.
After the resignation the board discussed statutory procedures to fill a vacancy, including advertising for applicants and consulting the secretary of state about timing relative to the election calendar. The state's attorney said statutes require an appointment process and noted complications if a vacancy occurs within 95 days of an election; commissioners agreed to consult the secretary of state and to consider a special meeting to manage the appointment process.
What happened next: commissioners agreed to consult the secretary of state's office about the timetable for appointment and to advertise the vacancy; the board did not appoint a replacement at this meeting.
