Mayor Tom Donaldson refuses to sign the settlement agreement with the International Association of Firefighters Local 114 that city council last week passed 3-2.

The agreement would allow for the promotion of Butler Fire Department firefighters Jim Kaufman and Donald McCoy without the testing required by the civil service rules and regulations approved 5-0 by council on Sept. 24, 2015.

“The settlement agreement is illegal and goes against state and city regulations, therefore I will not sign,” Donaldson said Thursday in a news release. “Signing this would be a violation of my oath of office. Voting for the agreement likewise is a violation of the oath of office.”

In an e-mail to the mayor, Jim Coulter, city solicitor, said, “The law now requires the city complete promotions within the police and fire department in accordance with the civil service rules and regulations. The settlement agreement does not follow that procedure.”

IAFF representatives would not comment on the mayor's decision because the matter is unresolved.

Councilwoman Kathy Kline and council members Michael Walter and Corey Roche voted for the agreement, while Donaldson and Council members Richard Schontz voted against it.