Fire Chief sues city for civil rights violations

By David Hohendorf

Birmingham Fire Chief Paul Wells, currently on paid administrative leave from his position with the city, has filed a federal lawsuit against the city, along with city manager Jana Ecker and assistant city manager Mark Clemence, claiming violation of his civil rights and of the Michigan Whistleblower Protection Act.

Wells was first hired by the city in 1998 and served as an emergency medical technician and firefighter and has moved up in the ranks during his 27 years of service with the city. He was sworn in as chief of the department and emergency manager in August of 2019.

In July of this year Wells was placed on paid administrative leave by city manager Ecker. City officials declined at the time to explain why Wells was placed on leave although information obtained by a Freedom of Information Act (FOIA) request filed by Downtown suggested that an improvement in performance plan was imposed on Wells.

Wells lawsuit claims that Ecker and Clemence retaliated against Wells because he reported “serious safety defects” with the Park Street and Pierce Street parking structures and he persisted in pointing out these problems until many months later they were addressed by the city.

The lawsuit also contends that Ecker “demanded that Wells and others not put anything related to the safety issues in the parking structures in writing to ensure that “the discussions were not subject to the FOIA.”

Wells in his lawsuit also details that in 2025 he learned that “fire hydrants had been turned off and watermains gated down or shut off across the city.” In July, according to the lawsuit, Wells notified Ecker and other officials that the conditions with the watermains and hydrants “compromise fire protection and present serious safety risks to our residents and personnel.” Wells said he further reported that the problem “not only jeopardizes life and property but also places firefighters at increased risk.”

The lawsuit claims Ecker and Clemence were “enraged with Wells for his direct and urgent demand” that the problems be “immediately” resolved.

According to the lawsuit, on July 16 of this year Wells field a formal complaint about “deficiencies in the city’s water supply system” with the Michigan Department of Environment, Great Lakes and Energy. Wells, the lawsuit says, was placed on leave the following day.

The lawsuit faults the city for allegedly harassing and retaliating against Wells for exercising his First Amendment rights and for violating the Whistleblower protection Act.

Wells also is charging that city officials violated the Open Meetings Act and were guilty of defamation by making false and misleading statements about him.

The lawsuit asks for Wells to be restored to his position as fire chief, along with compensatory damages, exemplary damages and punitive damages, as well payment of his legal fees.

The city on Monday, November 17, added to the evenings agenda for the city commission a closed session to discuss the lawsuit. No response had yet been filed by the city.

There have been reports that the city and Wells have been in negotiations relative to the fire chief’s pension benefits and Wells has reportedly been interviewed by the city of Rochester in its search for a new fire chief.