The Ottawa firefighters union is disputing the suspensions of two firefighters last year, and members have taken their case to circuit court.

Ottawa Firefighters Local 523 filed the complaint in La Salle County Circuit Court Wednesday requesting declaratory judgment.

The complaint was filed after the city refused the union's demand for arbitration, which is a violation of the parties' agreement, according to the union.

According to court documents, Fire Chief James Duback suspended firefighter Brett Kozlowski for three shifts in September for allegedly abusing sick time on July 9 and 12.

Kozlowski, 43, called in sick on both those dates and provided a doctor's note stating he should be off work until further notice.

In a letter Duback wrote to Kozlowski in August, Duback noted he and Deputy Fire Chief Jeff Newbury visited Kozlowski -- on days he had called off sick at the fire department -- at a site where he was working on another job.

Duback also noted in the letter that Kozlowski failed to provide further details as to what "until further notice" meant on the doctor's note. Duback also said Kozlowski demonstrated no sickness or injury that would limit his abilities to perform his firefighter-emergency medical technician duties.

The union argues in court papers that the suspension was not warranted because Kozlowski had a doctor's note.

"We do not understand how a firefighter can be abusing sick leave when they have a medical excuse to be off work É Moreover, firefighter Kozlowski was not advised that he was abusing sick leave on either July 10 or July 13 when you spoke to him," union President Tom Ganiere wrote in a Sept. 15, letter to Duback.

The union filed a grievance, claiming the chief cannot suspend a firefighter for more than five calendar days (firefighter shifts are 24 hours) and that Duback violated the Fireman's Discipline Act.

The Police and Fire Commission sustained the discipline, and the city has maintained the discipline of Kozlowski is not a grievable matter that would involve arbitration.

City Attorney Keith Leigh noted in a letter written Jan. 12 that the Illinois Public Labor Relations Act excepts disciplinary matters as a mandatory subject of collective bargaining.

The second suspension involved firefighter William Manley, who was suspended following an Aug. 13 all-terrain vehicle accident in which he was the driver. In court documents, Duback alleges Manley, 49, was driving the department-owned ATV recklessly. Specifically, Duback claims Manley was intentionally doing "doughnuts" when the ATV flipped on its right side, severely injuring the passenger, Fire Lt. Craig Billings.

"I feel that you could have and should have operated the ATV in a less reckless way," Duback wrote in a letter to Manley.

Duback suspended Manley without pay for five shifts and removed him as assistant training-safety officer.

The union disputed the reasonableness of the suspension, claiming it was just an accident and that Manley did not intentionally overturn the ATV.

The union also alleges the chief did not have the authority to suspend Manley for five shifts, noting state statute only allows chiefs to enforce suspension up to five calendar days, not five shifts.

In the complaint, the union asks that the court declare the rights of the parties, compel the city to proceed to arbitrate the grievances and pay for court costs and lost wages of the two firefighters.

Kozlowski was appointed to the department in June 1995 and Manley was appointed in August 1993.

The city has 30 days to respond to the complaint.