Berning’s attorney alleges destruction of public records in letter
City rejects claim, says mayor’s messages stay in cloud storage
Mayor provides police with text exchanges dating to 2024
MANDEVILLE — The ongoing dispute between Mayor Clay Madden and local businessman Robert “Trey” Berning III has taken another turn, with an exchange of letters between attorneys and additional text messages entered into a police report.
The developments came to light after Mandeville Daily contacted Madden to follow up on its Aug. 25 story concerning a police report he filed documenting what he described as an escalating dispute with Berning.
Madden disclosed that an attorney representing Berning had questioned his handling of text messages after the original police report mentioned that messages automatically delete from his cellphone after 30 days.
Madden said the messages had never been destroyed and that the setting concerned only how long they remained stored on his phone. He said his messages were maintained through cloud storage.
Madden subsequently provided police with earlier text exchanges between himself and Berning to amend his earlier report in order to clarify the record.
Mandeville Daily obtained the supplemental police report and its attachments, along with the attorney correspondence, through public records requests.
Download Berning’s attorney’s letter…
Download city attorney’s response…
Download Madden’s amended police report…
Attorney challenges handling of messages
In a Sept. 9 letter, attorney William Most, who identified himself as Berning’s attorney, accused Madden of knowingly allowing public records to be destroyed, citing Madden’s statement in the original police report that text messages automatically deleted from his cellphone after 30 days.
“It is also a fact that you have knowingly permitted the destruction of public records on that phone,” Most wrote.
Most argued that communications concerning official city business remain public records regardless of whether they are maintained on a government-issued or personal device. He demanded Madden either disable automatic deletion or ensure the records were preserved elsewhere.
City Attorney Elizabeth Sconzert rejected the allegation in a Sept. 28 response.
“No public records were destroyed,” Sconzert wrote, explaining that Madden’s messages concerning public business are maintained in cloud storage even though they automatically delete from his cellphone after 30 days.
“The 30-day automatic-deletion setting referenced in your letter does not mean that those public-business messages were destroyed; he simply does not store them on his device ad infinitum,” Sconzert wrote.
She added that the city would continue preserving public records in accordance with applicable law and invited Berning to submit a public records request for any particular records he sought.
Most, contacted by Mandeville Daily for comment on his allegations and the city’s response, declined to comment.
Text messages added to police report
Before the city formally responded to Most’s letter, Madden contacted Mandeville Police Capt. James Lord on Sept. 16 to supplement his original report with copies of text messages between himself and Berning that had been maintained in his iCloud account.
The messages included those concerning the sign-permit dispute raised in Most’s letter, along with earlier exchanges dating to August 2024 that provide additional context about the relationship between the two men.
Those earlier messages also establish a connection to a previous police incident involving Berning.
Messages connect to 2024 tree-cutting incident
According to the messages provided by Madden, on Aug. 2, 2024, Berning contacted him seeking assistance obtaining a city permit while a tree crew was working at Berning’s property.
According to the messages, Berning explained that his insurance company required removal of pine trees from the property and that the arborist “didn’t know he needed” a permit.
Berning said the crew needed the permit that day so it could “finish the job.”
Madden responded that the city did not issue the permits the same day but said he had contacted the Planning Department and asked that Berning’s application be processed as quickly as possible.
“Thank you very much. Have a safe trip,” Berning responded.
The exchange occurred on the same date as a separate Mandeville Police Department incident involving tree removal at Berning’s property without the required permit.
That police report, obtained incidentally by Mandeville Daily as part of its earlier public records request concerning this dispute, documents that Berning and the tree contractor were cited in connection with the violation.
The text messages appear to show that Berning contacted Madden seeking assistance with the permit during the same tree-removal episode that resulted in police enforcement action.
The messages also show that the relationship between Madden and Berning was cordial at the time. Madden attempted to have the permit application expedited through the Planning Department, and Berning thanked him.
Other messages show the two continued communicating before their exchanges increasingly centered on Berning’s disputes with the city, including issues involving his business and signage.
Madden’s original police report documented a series of interactions with Berning, including a dispute involving signage at Berning’s business, the projection of the words “FIRE CLAY MADDEN” onto a building and an encounter Madden said occurred at The Salad Station in August 2025.
The supplemental police report also includes Madden’s account of two additional encounters with Berning, on Aug. 17 and Sept. 14, during which Madden alleges Berning made obscene hand gestures toward him. Madden said his 10-year-old daughter witnessed the second incident.
Mandeville Daily has not independently verified either allegation, and the report does not indicate whether police investigated the encounters. Most, who was provided a copy of the supplemental report and specifically asked to comment on its contents, declined to do so.
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