Dan Petrella
Springfield Mayor Mike Houston has filed an ordinance to settle a lawsuit over the destruction of police internal affairs records for a little more than $100,000. Calvin Christian III sued in May after the city destroyed documents he had requested under the Illinois Freedom of Information Act.
Under the proposed settlement, which the city council is scheduled to vote on Tuesday, Christian would receive $30,000, while his attorneys would get a total of nearly $73,000. Although the draft ordinance admits “a portion of the records were destroyed prior to being released,” the city would not be admitting any liability and would be released from “all past, present and future claims.”
Despite saying in an email last week that he would be able to discuss the matter once the ordinance was filed with the city clerk’s office, Houston on Wednesday declined a request to answer questions about the settlement.
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Who’s accountable?
Aldermen will have to weigh their fiduciary responsibilities against the need to hold accountable those who were involved in the destruction of the records Christian requested, Edwards said, adding that if the council doesn’t approve the settlement, the city would be on the hook for legal bills of an unknown amount.
The city already has spent about $32,000 defending itself in the case, spokesman Nathan Mihelich said. Christian’s lawsuit sought $365,000 in damages plus attorney fees. Edwards said the public still deserves to see those who took part held accountable for their actions.
Among the records that were destroyed was the internal affairs file of Deputy Chief Cliff Buscher. The city admitted in a court filing in August that officials “willfully and intentionally failed to comply” with Christian’s request for Buscher’s file, which contained information about a 2008 incident during which he fired his service weapon while drunk on a family fishing trip with other police officials, and agreed to pay a $5,000 civil penalty.
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Losing proposition
Ward 7 Ald. Joe McMenamin wrote in an email that the proposed settlement results from “serious FOIA violations and reckless judgment” by city officials. He said the mayor owes the public “an explanation and needs to administratively discipline those responsible.”
“Failure to do so gives the appearance the Administration is sweeping responsibility under the rug,” McMenamin said. He said he plans to vote against the settlement. “We need the full two-week review process — and possibly more,” McMenamin said.
Joe McMenamin for Ward 7 