Naperville councilman says lawsuit doesn't cause conflict of interest

Naperville Councilman Richard Furstenau says his lawsuit against the city does not create a conflict of interest, despite the business community's concerns to the contrary.

"Every American has a right to go to the court system if they feel mistreated and that's what I'm doing ... It doesn't affect my conduct at city hall," he said today.

His comments come just a day after Mike Skarr, president and CEO of the Naperville Area Chamber of Commerce, addressed the council to express the chamber's concerns about the pending litigation.

"Our concern is whether this specific lawsuit has created a conflict of interest between the city and our elected representatives and if the process of governing can continue in an impartial and fair manner," Skarr said.

Furstenau was acquitted in May of shoving police officer Mike Hull prior to a Jan. 1, 2006, parade in downtown Naperville. He was charged more than two weeks after the incident occurred.

Late last month, Furstenau's attorneys filed a lawsuit against the city, police Chief David Dial, Det. Michael Cross and Hull claiming the arrest was a retaliatory move.

While the lawsuit does not request a specific dollar amount, Furstenau sent a letter to the city in August seeking an apology and a settlement of about $130,000.

Skarr said his comments were not specifically targeting Furstenau and that his members would feel the same no matter which councilman had filed suit. He also thinks any councilman, not just Furstenau, could potentially have a conflict of interest because of the case.

"People could inadvertently say or do something that can jeopardize their standing relative to the legal proceeding without even knowing it, so they need guidelines on how to conduct themselves and how you conduct the council's business based on that fact," Skarr said.

The chamber has asked the city to consult an authority such as the Illinois attorney general about how to proceed while the suit is pending and also asked that the city retain outside counsel.

City Manager Peter Burchard said the city will definitely hire outside counsel. The police officers involved also will hire separate counsel paid for by the city. Those attorneys will be announced in about a week.

"The city intends to mount a very strong and logical defense against what are baseless charges," Burchard said.

City attorney Margo Ely is also doing research into the steps that would have to be taken for an authority such as the state's attorney general to provide input on the matter.

In the meantime, Furstenau said he has no intention of stepping down or recusing himself from any votes unless he has any real or perceived financial interests in the topic at hand. He said he was elected to serve on the council and will continue to fulfill that duty.

"I will conduct business the way I have always done business, he said. "I have not missed a meeting in eight and a half years and will not miss another one unless there's a death in the family or unless that death is mine."