Butler Mayor Tom Donaldson filed a civil suit against city councilmen Michael Walter, Kathy Kline and Corey Roche on Friday.

“I think the complaint speaks for itself,” Donaldson said. “It has to do with the fact the (Butler Fire Department) promotions were made without testing.”

Donaldson referred to the promotions of firefighters Jim Kaufman and Donald McCoy, who were promoted in May to captain and lieutenant, respectively, without the testing required by the civil service rules and regulations approved 5-0 by council on Sept. 24, 2015.

Donaldson’s aim, according to the complaint, is to make the promotions null and void and to return Kaufman and McCoy to their previous rank and pay. He also is aiming to receive reimbursement for attorney fees for “this suit and such and other further relief as this Honorable Court deems just and proper,” according to the complaint.

“The controversy is the mayor believes that the two firemen were promoted outside the rules, and evidently (the three members of) city council believe that they were not, so we’re asking the courts to decide who was right,” said Larry Rodgers, Donaldson’s attorney.

Judge Marilyn J. Horan will oversee the case. There was no indication when a decision might be reached.

With the authorization of city solicitor Jim Coulter, Donaldson abstained from voting during the promotions motion. Donaldson said at the time that the promotions were not done under the civil service regulations, thus leaving the city legally vulnerable.

“We are probably going to be sued by someone over this, and if we are, I abstained,” he said after the May meeting.

The promotions followed a settlement agreement that was passed 3-2 in city council’s May meeting.

The grievances that led to the settlement agreement were filed by the IAFF in October 2015 and on March 28.

The settlement agreement included language which stated that civil service rules and regulations that require police officers and firefighters to be promoted through testing are a violation of the IAFF’s collective bargaining contract.

The 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, both without testing. McCoy would be paid $244 and Kaufman would be paid $258 for wages lost resulting from the delayed promotion.

Kline, Walter and Roche voted in favor of the agreement, while Donaldson and now-retired councilman Richard Schontz voted against it.

After passing the settlement agreement, the council passed the motions to promote McCoy to lieutenant and Kaufman to captain.

Kline explained in May her reasoning for voting for the agreement, which was to save the city arbitration fees.

“It’s a matter of saving dollars for the city,” she said. “My question to all of this is, why would our city solicitor write up an agreement of grievance settlement if it was that terribly illegal? Do you think he would put his career on the line by doing something like that? I don’t think so.”

The week following the meeting, Donaldson refused to sign the settlement agreement.

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

In a May e-mail to the mayor, the 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.”

Kline questioned in May the mayor’s ability to refuse to sign the agreement, citing Section 1010 of the Third Class City Code, which states: “Every legislative act of the council shall be by resolution or ordinance and every ordinance which shall have passed said council shall have been signed by the mayor and attested by the city clerk.”

She also questioned Coulter’s ability to allow Donaldson to abstain from voting, citing Section 1008 from the Third Class City Code, which states: “No member in attendance shall withhold his vote on any measure, bill or question unless the council excuse him and enter the reason upon the journal.”

Donaldson commented in his May news release on ways the grievance could be settled.

“The only way to legally settle the grievances would be to let the process run its course, or for the union to withdraw the grievances and accept the testing procedure,” he said. “The second would not cost anything. The first will. The rule of law, not the cost of the process, matters.”

The settlement agreement is not a matter of contention in the mayor’s suit against the councilmen.

Kline, Roche and Walter declined to comment on Donaldson’s suit. Councilman Kenny Bonus, who was not on council when the promotions were voted on, also declined to comment.