Alderman Dispute Hits the Courts

Story by Nina Criscuolo

Alderman Scott Waguespack (32nd) took office this year after winning the runoff election against incumbent Theodore “Ted” Matlak. Despite the win, Waguespack still feels as if he lost something during the campaign and he’s fighting to get it back.

Waguespack, along with his attorney, Barney Balonick, has filed a lawsuit against both of his former aldermanic opponents, Matlak and Catherine Zaryczny, plus alderman of the 6th ward of the City of Berwyn, Michael Phelan. Waguespack is suing for defamation, false light, and compensation for up to $50 million.

The court files state that Matlak and Zaryczny knowingly published “false, malicious, and harmful” statements and disseminated them to the public. Phelan is accused of circulating false and harmful statements about Waguespack to help Matlak, his longtime friend. Phelan and Matlak had been partners in developing – or “over-developing” – parts of their wards, according to the court files.

Prior to the general elections in February, Matlak also maintained a friendship with Samuel “Sonny” Stillo, former Assistant Mayor to the City of Berwyn. Stillo was investigated, indicted, and eventually convicted of federal racketeering. Later, Matlak learned that Waguespack, who also previously worked for the City of Berwyn, assisted the FBI in their case against Stillo.

This, in addition to Matlak’s quickly declining favor among constituents, is why Waguespack said those statements were Matlak’s attempt to seek revenge and maintain his aldermanic position.

The defendants allegedly stated that Waguespack had impersonated and claimed to be a lawyer, campaigned on taxpayer time, was fired from his job in Berwyn and was under investigation along with the Mayor Michael O’Conner of Berwyn. Waguespack disputes all of these statements.

On April 16, 2007, Matlak publicly stated on Chicago Tonight, “Let’s talk about under investigation and corruption. Earlier this week, Berwyn City Council voted to investigate his [Waguespack’s] administration for illegal hiring practices. The same City Council unanimously voted to eliminate his position.”

Phelan made a similar comment in a press release on March 30, 2007.

“The City Council vote that unanimously eliminated his position, in effect fires Waguespack.” However, Waguespack was not under investigation nor was a vote made by the City Council, according to court documents filed on behalf of Waguespack.

“I expected a little dirty campaigning, especially in the runoff, but it went to a level beyond belief,” said Waguespack. “If I hadn’t won the election or if I don’t want to be an alderman forever, those statements could affect my ability to be gainfully employed.”

But the roots of animosity may run deep. Michael O’Conner, mayor for the City of Berwyn, said his relationship with Alderman Phelan had been “crumbling long before” the election.

“Scott (Waguespack) was just in the wrong place at the wrong time and they used him to throw rocks at me,” said O’Conner.

Timing, however, is exactly Matlak’s defense. He issued a motion to dismiss Waguespack’s suit that stated “the published material was an element of ‘hot news’ and the needed time for adequate research was not available.” The Court denied this motion.

O’Conner also confirmed statements from Waguespack that he never worked on taxpayer time, but instead took a leave of absence from his position in Berwyn to campaign for the election.

“I was so confident Waguespack would win the election that I took the money not being used for his salary and it put it towards a couple new job positions at the city,” said O’Conner. “I would have found a new place for him if he had lost the election.”

The lawsuit was first filed in the spring, before the runoff election occurred, but Waguespack’s attorney re-filed the motion Sept. 19

“We wanted a stronger suit and to pinpoint who really pulled the trigger in this,” said Waguespack.

Stephan Landsman, professor of law at DePaul University, said this suit should be taken seriously just like every one filed.

“Courts are there to resolve disputes. If a suit is a dog it will be thrown out quickly. There is no crisis of frivolous litigations,” according to Landsman. “That is a myth fostered by large corporations and other who don’t like to be sued.

Balonick said every politician needs a thick skin, but that he has “never seen something so horrible in the political arena.”

He is looking forward to representing Waguespack in court this week and advises Matlak and the other defendants to hire attorneys for the case.

“This is my favorite case,” said Balonick. “I love this case. I am not saying it’s a slam dunk, but I am pretty confident.”

Matlak, Zaryczny, and Phelan were all contacted, but did not provide comments.