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KCE Wins Public Records Lawsuit Against Embattled County Board Member

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Kevin Mathewson – Editor, Kenosha County Eye, Andy “Sgt. Hard” Berg, County Board Supervisor

Kenosha County Board Member Andy Berg (D) must make available for inspection a large amount of county park maps and business cards that he was illegally distributing during his Spring, 2024 election. This is according to a ruling handed down today by Judge Frank Gagliardi. Gagliardi also ordered Berg to pay Mathewson’s legal fees, in the amount of $309.50.

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Kenosha County Circuit Court Judge Frank Gagliardi
(File Photo by Kevin Mathewson, Kenosha County Eye)

Mathewson further petitioned Gagliardi to sign an order stating that Berg violated Wis. Stats § 19.31 and 19.37 and that Mathewson was entitled to physically inspect the records. Gagliardi agreed to sign this order.

Local Attorney Eric Olson, Olson Olson
(File Photo by Kevin Mathewson, Kenosha County Eye)

A local civil attorney, Eric Olson, of Olson and Olson Attorneys, who was following this case, said that Gagliardi’s ruling was “spot on.” “In this case, the Judge followed the law to a tee,” said Olson. “Although Wisconsin public records laws can be very ambiguous, this specific issue wasn’t. Mathewson asked to inspect public records in Mr. Berg’s possession. This request was denied with no legal bases. Mathewson was and is entitled to inspect the public documents and he is entitled to his legal fees. I was pleased to see the judge’s decision today.”

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Kenosha County Government Attorney Joey Cardamone
(File Photo by Kevin Mathewson, Kenosha County Eye)

Kenosha County Eye Editor Kevin Mathewson filed the lawsuit on March 11, 2024. Mathewson filed the action in Kenosha County Circuit Court four days after Berg denied a request by Mathewson under Wisconsin’s Public Records Laws to inspect copies of maps that Berg handed out illegally during his campaign for re-election. Kenosha County government attorney Joey Cardamone told Berg he could deny the case citing a case that involved the destruction of copies of records. Cardamone however didn’t defend his bad legal advice. The Wisconsin ACLU President William Sulton represented Berg on a pro-bono basis.

Berg, a long time Kenosha County Board member, knows the campaign finance laws well. In fact, when he submitted paperwork for re-election, he was given a packet called “Candidate Guidelines – Spring Elections 2024.” County Clerk Regi Waligora sent all candidates running for re-election this guide as a courtesy. On the top of page four, it displays the following:

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Use Of Government Materials By Candidate:

According to Wisconsin State Statute, section 11.1205, candidates who are running for re-election, may not use public funds for the cost of materials or distribution for 50 or more pieces of substantially identical materials distributed after the first day authorized by law for circulation of nomination papers as a candidate.

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KCE discovered via public records requests that on February 2, 2024, Berg sent an email to a county employee demanding 1,000 County Maps that were printed with taxpayer funds. Berg also had county business cards printed – again at taxpayer expense. The county employee only gave Berg 600 maps. He then began to hand out several hundred maps and business cards, in clear violation of election law. He was so brazen, that he actually posted on Facebook what he was doing.

After being alerted to the violation, County Clerk Waligora issued a warning to Berg on February 19, the same day as his Facebook post, saying:

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“This is a reminder that included in the folder for Spring Candidates you received information regarding the use of government materials while campaigning. You may not use materials (no more than 50) that are paid for with County funds while canvassing your district during the election cycle that began on December 1, 2023, and will end April 3, 2024. If you have done this and have distributed more than 50 pieces of County funded material, you will need to cease the use of these materials while campaigning in your district.”

Kenosha County District Attorney Mike Graveley (D)
(File Photo by Kevin Mathewson, Kenosha County Eye)

Mathewson filed complaints against Berg to the Wisconsin Ethics Commission and the Kenosha County DA’s office. The WEC said in a statement “Commission staff has conducted a preliminary review of your complaint as required by Wis. Admin. Code ETH 21.03(2) and determined that your complaint is sufficient to proceed to consideration by the Commission.” Kenosha DA Graveley (D) refused to take action against Berg. Graveley could have petitioned the same court to ask a judge to force Berg to turn over the records, but he refused. In Graveley’s decades-long career, he’s never prosecuted a public records violation case. Under Wis. Stat. § 19.37(1)(a), Graveley is the enforcing officer for public records disputes. KCE has won two public records cases against DA Graveley.

The Milwaukee County DA’s office has been appointed as a special prosecutor to see if Berg did in fact violate campaign laws.

KCE initiated a public records request to Berg asking to inspect the remaining maps that he had in his possession. If he has less than 550 maps, he has clearly violated the law. He ignored our request unlawfully. After many reminders, Berg sent us a photo of the maps, claiming he had 164 maps left, meaning that he handed out 436 maps – 386 too many.

We can’t know for sure unless we inspect them. Remember, KCE didn’t ask for photos of the maps, we wanted to inspect them physically. Wis. Stat. § 19.35(1)(a) and (b) provide that “any requester has a right to inspect any record” and “to make or receive a copy of a record.”

KCE believes that Berg’s denial was an attempt to conceal evidence of his violations of state statute, campaign laws, and local ordinances.

Andy “Sergeant Hard” Berg”
(JerkMate.com)

Berg has also come under scrutinity for producing homo-sexual porn as his pseudenym “Sergeant Hard” which seems to align with his position as Sergeant with the Wisconsin Department of Corrections. Berg also has arrests and convictions for OWI and drugs. Berg is also under investigation for allegedly embezzling many thousands of dollars from his charity called Garden of Eatin. Berg recently lost his county board seat on April 4, 2024. He asked for a recount that will occur Friday morning at 8am at the Kenosha County Center on Highway 45 and Highway 50.

When asked for comment Thursday evening, Berg had the following to say:

“The court system is large kiddo.  There are follow-through options available.  Don’t worry Mr. Blogger.   We shall see each other in court soon enough. You’re funny.  Funny like a clown.  You’ve been called that many times I am sure.    Goodnight Kevy.   Don’t continue to harass and terrorize those you keep copying into these emails. And be careful. I know you have sustained some head damage recently.”

Berg was referring to Mathewson’s recent Melanoma diagnosis on his scalp. Fortunately for Mathewson, it was caught early. Although Berg and Joel Trudell have expressed a desire for Mathewson to succumb from the cancer, he is happily in remission. “Although people like Berg and Trudell, who are bad human beings that do bad things every day, I would never wish death upon them. For them to wish death upon me is unsettling, but not surprising. I wanted to keep this fact private, but Berg and his cohort Trudell have been shouting my health information from the mountains. They’ll be sad to hear, however, that my surgeon says I’m going to live,” said Mathewson. “I’m not going anywhere.”

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63 Responses

  1. Glad to see Berg get smacked around by the judge! Can’t wait to see him walked into court with handcuffs on for stealing money from his so called charity. To quote his ex-wife, we all “knew you were shady” Andy! Another one bites the dust…

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  2. Sgt Hard😂😂😂😂😂😂😂😂😂I mean…really? Stop being cheap and pay for your own campaign cheap ass!!!

    1. Judging by the timeline on here , the last five anonymous posts are from the same ( not that bright ) person .

      1. Mea culpa. Apparently there was a software problem. Posts were not showing up when I hit the “post comment” button and my browser was stuck. Cleared cache, rebooted, switched to a different browser and the old and new ones did.

  3. Sounds like a threat ‘kiddo”. Keep your eyes and ears open and on the lookout for the liberal mafia! 🤣

      1. It was a double entendre.

        Corrections a couple of months ago had over 1,000 open vacancies creating a crisis in the prisons. Could that be why they keep him?

  4. I’m happy your going to be ok. I wish i could say that i am shocked by bergs comment. What a turd!

  5. Has anyone seen his Facebook? Accusing Kevin of contacting his ex wife? Berg posted pics of the “email” and what she says is “ you were at your infamous meeting and my daughter was scared shitless” what meeting was he at!! And why would he post that knowing she said that? The deranged part is all the liberals run to his side and say yep. That’s a Kevin profile. All while fat ass Joel has fake accounts

    1. The REEC meeting last summer where he was screaming at the other members with his daughter right next to him.

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    1. SGT HARDLY is going to reap what he has sowed. To wish someone to die is Soulless and Heartless..So much nefariousness had to take place at the Prison, under his so called Supervision. Pray to see other’s expose him..I would love to see the house of cards fall on him and so many others. DO A DIDDY DIDDY DUMB DIDDY DUE..

  6. I laugh everytime someone refers to you as a “blogger”, Kevin. They are trying to discredit and demean the cases you win, and everything you uncover in your investigative reports. Prayers going up for your health. And prayers going up for those that would wish harm on another human.

    10
    1. Ain’t no blogger. He’s the only person with courage enough to be THE one and only investigative journalist in Kenosha County. Prayers for your health, Kevin, and your armor withstanding the blows from the morons you expose to the light of day.

  7. Berg and Trudell just a matter of time before Joel is in one of his movies. The two biggest embarrassments to Kenosha.

  8. Wow , a lot to digest there . Thank you Kevin , for keeping up the pressure on this crook/pervert.
    I’m glad Gravely is retiring , but he will be replaced with another invertebrate. One look at Cardamone , and you can see he has a bolt loose. Get a haircut , you freak . I would like to thank the Kenosha voters who kept Spottswood out of office. She made a good run at it after locking up the senile liberal hag vote. The same ones that love Biden because they identify with his senility.

    1. You mean to say that there isn’t a qualified Republican attorney anywhere in Kenosha County that could be a viable candidate for District Attorney???

      Anyone? Anyone?

  9. Aaaand there’s a recount for Turd Berg’s race today. The initial results are that he only lost by 1 vote. Come on, Kenosha voters, really?? This weirdo should’ve been pommeled at the polls. Kenosha voters are Kenosha County’s worst enemy, I swear. Let’s go, city folk, get a damn clue! You’d better hope Berg doesn’t end up pulling this thing out of his ass.

    1. I bet he wins it back somehow. Why does he have his attorney at the re count? It’s not a full time job berg. Jesus. This is all you have to hold onto? Like it’s a legacy? You have been unopposed every race. Clown

  10. It bothers me and I’m sure others that when violations like this happen they are only adjudicated after the fact.
    While the election went the right way (hopefully) it could have just as easily gone the other.

    Like a nomination petition that is verified by a certain date lawsuits like this need immediate hearing. Because they can (and should) affect elections. Win or lose this decision is a month late.

  11. After his embezzlement investigation and now losing to Kevin for illegally handing out maps. How is he not banned from the election? I thought the left don’t want criminals running for office

  12. Berg/Garcia recount has completed. End results unchanged: Garcia wins by 1. It is your lucky day, Kenosha. And some people think their votes do not matter.
    Wrong. A couple of sane voters saved Kenosha from itself today.

    13
  13. And if KCE wasn’t feeling victorious enough, Kenosha News is now reporting Kevin’s win. KNews having to report a story that shines a bad light on a buddy liberal is done so begrudgingly, to be sure.
    Kudos, Kevin.

    1. Kn reader. Please copy paste the kn report here. Credit them.. some of us can’t bear to see the daily kn dribble but a report on Kevin would be great to see

  14. Kevin. Why did someone comment your on Andy’s Facebook so much while your family is losing everything? Is he suing you?

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