Tom Donaldson

Butler Mayor Tom Donaldson announced at Thursday's city council meeting that he discontinued his lawsuit against the city.

“This was a financial decision, for the good of my personal finances and for the good of the finances of our city,” Donaldson read from a prepared statement. Donaldson's suit was initially against the city, as well as council members Kathy Kline, Michael Walter and Corey Roche. The lawsuit contended that a motion promoting city firefighters Donald McCoy and Jim Kaufman in 2016 was in violation of the city's civil service rules and regulations. It aimed to nullify the promotions.

In May, Judge Marilyn Horan, who presided over the case, ordered Donaldson to amend his suit to include McCoy, Kaufman, and the firefighters union, as well as councilman Kenny Bonus.

Horan said at the time that the firefighters and union have a right to be named parties in the lawsuit because they have vested interests in the outcome.

Bonus was included because as a councilman he would be required to take action in response to any decision in the case. Donaldson called the request to include Bonus “wrong, dishonest and detestable” and said it was a factor in his decision to drop the lawsuit.

Bonus had no comment on the discontinuance of the lawsuit.

Donaldson said in his statement that he is still certain the promotions “are against the rules this city has set in place to comply with changes required by the state changes in civil service rules.” He also said that he reserves the right to refile the suit in the future “if deemed appropriate.”

The motion to promote the firefighters came as the product of a settlement agreement in response to a grievance filed by the firefighters union.

Donaldson voted against the motion and later refused to sign the settlement agreement. Kline, Walter, Roche and councilman Rick Schontz, who resigned from his position in July 2016, voted for the motion. Bonus was not on council at the time of the vote.

The firefighters union's grievance stated the civil service rules and regulations violated the union's collective bargaining agreement with the city.

Walter called the lawsuit “frivolous.”

Kaufman commented on Donaldson's decision to drop the lawsuit. “I'm guessing (Donaldson) and his attorney (Larry Rogers) figured out case law was stronger than vindictiveness,” he said.

Donaldson said that council was costing the city's taxpayers money to “defend their wrong and illegal action.” He also said that council refuses to reimburse his expenses, which he said was “several thousand dollars,” despite that “my actions were done as mayor of the city.”

Kline said she is not in favor of reimbursing Donaldson. “It was his choice to file the lawsuit, so I would not support that,” she said.

She also called the issue “a matter of timing” and said the city's upcoming contract with the union, which is being negotiated and will go into effect in 2018, will abide by the civil service rules and regulations. “This was my attempt to save the city dollars, because (the union) would grieve it because their collective bargaining agreement lays out contract promotions,” she said. “That contract is binding.”

Donaldson noted the upcoming contract as a factor in his discontinuance of the lawsuit. “These rules will be in the next contract long before this suit would be settled,” he said.

Donaldson said city government has been “weak” in dealing with issues regarding the fire department. He pointed to Act 47, which would declare the city as financially distressed, as a potential solution.

“I do not approve of it at first glance because I do not think it is a good idea to pay someone from Harrisburg to tell us what decision to make in regards to the operation of our city,” he said. “At second and further glances it might not be a bad idea after all. It would stop illegal, stupid and bad decisions from being made by those who sit at this table.”

Roche offered his comments on the discontinuance of the lawsuit.

“I'm glad we can move on and keep moving the city forward,” he said.