Butler Fire Chief Nick Ban will retire from the fire department after more than 25 years as of midnight tonight, he announced in a letter Friday.

The decision came after Mayor Tom Donaldson on Monday demoted Ban from fire chief to lieutenant.

After outcry from members of city council for Donaldson's unilateral decision, Donaldson suspended Ban's demotion until an emergency city council meeting set for Wednesday at the city building.

However, Ban said in the letter to council members that he sought legal advice and was told there are conflicting interpretations. One is that Donaldson could act without the consent of the council to demote Ban, and other is that he would need council approval.

Ban wrote that if there was a legal challenge over his position, it would have to be settled in court.

Ban wrote, “You can agree with me, I am certain, that not only would such legal battle be time consuming and expensive for our cash-strapped city and its taxpayers, not only would it give us a black eye as we try to show new business investors and prospective residents what a remarkable city we share and call home, but would also throw the Bureau of Fire into command chaos if the mayor insisted I was lieutenant, council insisted I was the chief, and the personnel were caught in the middle.”

“No one can predict how long it would take, and at what monetary and emotional cost for all concerned, it would take the issue.

“I could not and will not, in all good conscience, be a part of such a threat to the well-being of the department I love and have served for more than 25 years.”

Ban said it is the prerogative of the mayor and city council to appoint the next fire chief.

“Speaking as a resident of the city of Butler, I trust and pray that the council, and all of its members, will act with the best interests of the residents and the personnel of our department in mind,” he said.

The mayor has not been specific in why he wanted to demote Ban other than to say he wants changes in the fire department.