Furstenau says he's willing to settle suit; Naperville still wants it dropped

Councilman Richard Furstenau remains willing to settle his lawsuit against Naperville to lessen the potential burden on taxpayers, his attorney said Thursday in a letter to the city.

But just hours later, a lawyer for the city fired back in a letter of his own, calling the offer a "media ploy" and said the "frivolous lawsuit" should be dropped.

The missives come on the heels of a meeting this week in which Councilman Grant Wehrli blamed an increase in the city's tax rate on the cost of battling Furstenau's litigation.

The city already has spent $275,000 defending the federal civil rights lawsuit and has budgeted an additional $600,000 for the coming fiscal year, officials said.

Furstenau on Thursday offered to settle the suit in exchange for an apology and an unspecified amount of money that his attorney, Shawn Collins, said would be less than the city has budgeted for legal fees. Collins said the offer is good until April 15.

"If the city is willing to spend any amount of money to try to beat Furstenau, that's what it should tell its taxpayers and it should stop blaming Dick for that," Collins said in a telephone interview.

The lawsuit stems from a 2006 incident in which Furstenau was arrested and charged with misdemeanor battery, accused of shoving a police officer.

He later was acquitted. He asked for an apology and for the officers to be disciplined.

The city denied that request. Its attorney, Terrence Sheahan, said in his letter Thursday that he believes Furstenau never really expected the request to be granted and it was simply a pretext.

"It is our view that this has always been about Mr. Furstenau's personal financial gain," he wrote.

In August 2007, Furstenau penned a letter to the city saying his civil rights had been violated and asked for an apology plus $129,529 to cover legal fees and repay contributors to his failed state Senate campaign.

The city again refused, saying at the time that his arrest was based on probable cause and there was no civil rights violation.

Sheahan said Thursday that while Furstenau was found not guilty, the judge in the case said he did not believe the officer acted inappropriately.

Nonetheless, Furstenau filed a civil lawsuit in October against the city and three police officers. He later added former City Manager Peter Burchard, police union President Joe Matchett and city attorney Margo Ely to the suit.

Sheahan said the cost to the city would not be growing at the rate that it has if Furstenau didn't keep adding defendants.

"The only 'pattern' that is emerging here is a pattern of Furstenau attempting to intimidate and harass anyone who does not see things his way," Sheahan wrote.

Attorney Jim Sotos, who represents Ely and the police officers, called the lawsuit an "attempt at extortion."

But Collins denied it's about money and said Furstenau is simply trying to clear the good name he has made for himself. He said he tried unsuccessfully to negotiate a settlement in December.

"If this is really about dollars and cents, they should settle the case with us," Collins said. "If the city wants to claim it's about principle, they don't have the exclusive hold on principle. Furstenau is in it for principle, too."

He said Furstenau has tried other means to resolve the matter and felt the city gave him no choice but to sue. For that reason, he will not drop the litigation.

Sheahan said though he questions the seriousness of Furstenau's willingness to settle, he will forward any offers to his clients.

If there is no settlement, Collins said the case probably will go to trial in 2009. But there are still pre-trial motions and procedures to get through before that could happen.