City council Thursday passed a motion 3-2 settling grievances against the city by the International Association of Firefighters Local 114 on behalf of firefighters James Kaufman and Donald McCoy.

The grievances, filed in October 2015 and on March 28, regarded the promotion of firefighters through testing, which the settlement agreement stated was a violation of the IAFF Local 114’s collective bargaining agreement.

Council members Kathy Kline, Michael Walter and Corey Roche were for the settlement, while Mayor Tom Donaldson and councilman Richard Schontz voted against it.

Kathy Kline said that going into an arbitration with the IAFF, which would have been July 18, would have been costly to the cash-strapped city.

“The arbitrator has already said in an e-mail, he charges $1,200 a day,” she said. “That’s a little pricey for us where we’re at right now.”

Donaldson had another view.

“At the end of the day, we should have asked (the firefighters), ‘Rescind your agreements, give the test,’” he said. “I understand in all fairness the same two guys are going to be eligible, but my point is, what if those two guys couldn’t pass the test?”

Civil service rules and regulations that require police officers and firefighters to be promoted through testing were cited in the settlement agreement as a violation to the IAFF’s collective bargaining agreement.

The settlement agreement went on to say that the city violated the collective bargaining agreement by failing to promote one captain and one lieutenant, and that under the civil service rules and regulations, only Kaufman and McCoy were eligible to test for the available promotions.

It stated that because of this, whether brought about by the collective bargaining agreement or the civil service rules and regulations, Kaufman should be promoted to captain and McCoy to lieutenant.

No testing was to be required, and McCoy would be paid $244 and Kaufman would be paid $258 for wages lost resulting from the delayed promotion.

Kline noted that by 2018, the current collective bargaining agreement will expire and the department will follow the current civil service rules and regulations.

“Even if the new contract is not in place, the fire department will be abiding by the civil service rules and regulations,” Kline said. “It is not contingent upon a new contract.”

Until then, she said, when there is a promotion testing will be “discussed.”

Donaldson said that could happen within six to eight weeks if a fire chief is hired from within.

Following the motion to settle the grievances, motions were passed to promote McCoy to lieutenant and Kaufman to captain within the department.

Donaldson abstained from the voting, saying that the promotions were not done under the civil service and regulations, thus leaving the city vulnerable legally.

“We are probably going to be sued by someone over this, and if we are, I abstained,” he said. “I’m not a part of it.”