WurfWhile

In what may be a Furst first for the city, Naperville City Councilman Richard “Dick” Furstenau is poised to sue the city if it doesn’t settle with him (pre-trial) for just under $130,000, claiming charges filed against him for battering a police officer January 1, 2006, were politically motivated and violated his civil rights. Furstenau, after a number of trial delays, was found “not guilty” of the charges May 21, 2007.

Yesterday’s Daily Herald provides Dick Furstenau’s letter to the city and a response,

“This is the letter Naperville Councilman Richard Furstenau wrote to City Manager Peter Burchard. It is dated Aug. 24 but was not made public until Friday:

Dear Peter,

Approximately three months have passed since the verdict of not guilty was returned regarding the charges that were pressed against me by the Naperville City Police Department. The entire epic of false charges and innuendo concerning the alleged altercation with Officer (Mike) Hull lasted an entire year and seven months. My family and I have suffered greatly because some Naperville Police Department employees decided it would be a good idea to falsely accuse me of wrongdoing. The incident not only tarnished my good name, which took decades to build, but also caused daily anguish and embarrassment to my family, particularly to my wife. Legal counsel has advised me that my civil rights have been violated.

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Since the demand for disciplining Officer Hull and others in the chain of command for the disruption in my life was utterly disregarded, I feel that I have no other choice than to take the following course of action. I am seeking reimbursement for my incurred expenses as well as compensation for time that was personally put forth in this ordeal. I feel justified in seeking compensation for not only personal dollars that I committed to my campaign for state Senate, but also for the dollars from supporters and well-wishers who thought I would do an excellent job in Springfield representing our state Senate district. The sad truth is that these false charges ruined my chances to win that election.

I am making this request after much consideration and do not make this request lightly. This request is my hope to end this matter as amicably as possible and put it behind both me and the city. However, please understand that if we cannot resolve this here, and if the city will not acknowledge its mistake, then I will ask a federal court to confirm the city’s mistake.

Although my request may replace the dollars I and others have spent on my state Senate campaign, it will in no way bring back the unblemished reputation I had prior to the false allegations and scurrilous charges placed upon me due to the lack of leadership in the Naperville Police Department. In view of this, I am seeking the following compensations from the city of Naperville. I would consider the following fair and just and would thus forgo all further legal options:

A. First and foremost, I want the city to apologize to me and my family. The city’s prosecution of me should never have happened and my family and I should never have been put through this ordeal.

B. Compensation for all state Senate campaign contributions: $66,279.10 (to be returned to all donors).

C. Compensation for personal contributions: $47,000 (the amounts of line items B and C can be verified online by viewing the D-2s filed with the state of Illinois).

D. Compensation for time and effort in dealing with this aberration to my life: $10,000.

E. Compensation for all legal expenses: $6,250.

Total amount sought: $129,529.10.

I am requesting a written response no later than 4 p.m. Friday, Sept. 21, 2007; otherwise I will be forced to proceed with other action.

Respectfully,

Richard Furstenau

This is the statement released by Burchard in response to Furstenau’s letter. It is dated Sept. 7 but was not released until Friday:

City Manager Peter Burchard has confirmed today that the city of Naperville has received a letter from Naperville Councilman Richard Furstenau in which he alleges that his civil rights were violated when he was arrested for battery in January 2006. According to city attorney Margo Ely, Furstenau’s arrest was based on probable cause and there was no civil rights violation. The city will vigorously defend any lawsuit that may be brought, according to Burchard.”

According to the Daily Herald’s Friday interview with Furstenau, if the city were to settle with him before going to trial he said of his potential lawsuit “[i]t would all go away” - but “[i]f there is a lawsuit, the price of poker goes up.”

Furstenau’s settlement demands have put some Naperville City Council members in the awkward position of saying that they really don’t want to be reimbursed for their campaign contributions to his failed State Senate bid. Councilman Darlene Senger, who is running for State Representative, told the Daily Herald she isn’t looking for reimbursement as did fellow councilman James Boyajian. Furstenau told the Naperville Sun Friday that he believed the “odds are” the lawsuit will happen. Dick, who was recently elected, also said he plans to serve out his full city council term.