The attorney representing Butler and three city council members said this morning in county court that Mayor Tom Donaldson's lawsuit against them should be dismissed.

Leo Stepanian II argued Donaldson's lawsuit, which challenges the promotions of two firefighters last year, did not name those employees, the union and the last council members as defendants.

Stepanian said those parties have a vested interest in the case, so they should have an opportunity to be heard.

Judge Marilyn J. Horan said it's premature to know which parties would be indispensable.

However, Horan said the issue is whether Donaldson's claim can rely on a civil service testing policy approved in September 2015 when the union contract took effect in January 2015.

Attorney Larry Rodgers, who is representing Donaldson, argued the contract language does not contradict the city setting civil service testing.

Horan countered that the “yardstick” for promotion eligibility changed with the civil service requirement, which impacts the contract.