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Chief's demotion draws council fire

Nick Ban
Mayor: Need new leadership

Butler Mayor Tom Donaldson’s surprise demotion of Fire Chief Nick Ban Jr. prompted angry responses from two city council members Monday afternoon, both of whom say they believe Donaldson might have overstepped his authority in taking the action.

Donaldson announced the change Monday morning in an interview with the Butler Eagle, saying the demotion was necessary to effect changes in a resistant fire department, and that the municipality needs to make changes to save money.

Later in the day he said finances weren’t a part of his decision to demote Ban, who has been chief since April 24, 2008. Ban has been with the department for 25 years, and previously was a lieutenant. As chief he was not a member of the department’s union, but will reenter the bargaining unit upon being demoted.

He will be returned to the rank of lieutenant in the 17-firefigher department, which has four captains and four lieutenants.

According to the city’s online budget document, the department has a $1.84 million budget for 2016. The city’s budget for the year is $8.67 million.

“It has nothing to do with finances at all. It’s about making some changes and ... what we need is a different approach and leadership,” Donaldson said Monday afternoon. “I like a good, firm leadership, and I think that’s probably the primary reason for me to make the change.”

The mayor declined to discuss his decision in more detail. He said that he’d already placed a call to a candidate in the department asking if that person would serve as interim chief while the process of finding a permanent replacement begins.

Donaldson’s move, done suddenly and without prior notice to council members, left council member Corey Roche wondering why Donaldson had kept his decision secret.

“I think it would have been a nice courtesy” to let us know, Roche said, adding that he wasn’t sure if he supported the move or not.

Other members of city council were less than pleased Monday. Kathy Kline, who is the council’s director of public safety, said she was vehemently opposed to the action, calling Ban’s demotion “unjust,” and the idea that financial concerns were behind the move are “baloney.”

Kline said she met with members of the fire department after learning of the demotion Monday morning, and said the department supports Ban continuing as chief.

“It is a move that no one here is in support of because it’s unjust,” Kline said. “It’s that simple.”

Messages left on Ban’s office and cell phones Monday requesting comment were not returned.

Donaldson’s move also angered council member Michael Walter, who oversees the city’s finances. Walter said the mayor’s decision to demote Ban without first telling council members was unprofessional.

He added that he doesn’t see any cost savings for the city in the move.

Multiple council members said that the possibility of demoting Ban had been a topic of discussion in executive sessions in the past. Walter said that council members had last discussed the possibility in February, but at that time Donaldson said he was not going to act on the matter.

Walter said, “I think this is totally unprofessional. I think it’s a sign of very poor management on the mayor’s part. I think it should have been done better. It’s undignified for the office of the mayor to do it this way.”

Both Walter and Kline said they don’t believe Donaldson has the authority to demote Ban without the consent of other council members.

Kline said she intends to fight Ban’s demotion. She acknowledged that it was unclear what she could do to reverse Donaldson’s decision, but said she believes he may have overstepped his authority in unilaterally demoting Ban.

“I have my concerns and doubts on how he is reading the third-class city code,” Kline said. “I’m certainly not going to sit on my laurels and just let it (the demotion) happen.

“He thinks he can just make decisions on his own, and he can’t. There is a reason the city has a five member council.”

The Third-Class City Code says that mayors have the authority to appoint a fire chief “by and with approval and consent of council,” and that the chief “may be demoted without cause.”

Council member Richard Schontz Jr. said he believes Donaldson has the power to demote Ban, and will support the move despite being conflicted over it.

Schontz called Ban “a good person,” with whom he’s enjoyed a good relationship. But he also noted that the city is at a “crossroads,” financially and that Ban’s demotion might prove to be the key to reorganizing the department — something Schontz believes Donaldson sees as part of a path to firmer financial footing.

“I have split emotions on it. “Schontz said. “With (Ban) being demoted, I can’t control. I just accept what has happened. I hate to see anybody demoted, but the mayor has the final decision, and I’ll support his decision.”

While declining to discuss his decision in detail, Donaldson pointed to personnel moves made at the city’s police department as an example of the effect he hopes the move will have.

“Any decision that I have made here, I have always put thought into it,” Donaldson said. “I made a lot of changes in the police department, and they’re working.”

In January of 2014 Donaldson replaced former Chief Ronald Fierst with Chief Ronald Brown and created an assistant chief position.

In the absence of a detailed explanation regarding the decision from Donaldson, council members could only speculate on the move. Kline and Walter both said they believe there was little or no substance behind the decision.

“I see nothing that he’s (Ban) done that he’s been bad or unprofessional,” Walter said. “I see no cost savings in this. I think it’s a personal issue, to tell you the truth.”

Kline said she didn’t believe there was any explanation for the move at all.

“He (Donaldson) doesn’t have a reason. He is doing it because he feels that he can do it.” Kline said. “There is no legitimate reason. Chief Ban has saved this city money.”

Roche said he couldn’t speculate.

“It’s very surprising. I’d like to hear what the reason was behind this,” he said.

And Schontz said he believed logistical and contractual issues were behind the move.

“We’re definitely going to have to do something or we’re going to run out of money,” he said. “Tom felt there needed to be a change as far as the management of the department.”

City solicitor Jim Coulter did not return a message left seeking information about the third-class city code.

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