The Detroit Board of Ethics postponed a hearing meant to determine whether former City Planning Director Antoine Bryant violated ethics rules by unilaterally approving contracts for artistic murals. 

Bryant left the city in December to co-lead Detroit business operations for Gensler, the world’s largest architectural design firm with an office on the edge of Capitol Park. The ethics panel opened an investigation last June and then set a hearing for Jan. 15, but Wednesday’s meeting was quickly derailed when General Counsel Delicia Coleman told the board it has no jurisdiction over former employees. 

“We would advise this honorable board that we would object to a hearing, as Antoine Bryant is no longer a public servant,” Coleman said. “If there is a hearing, it would be considered invalid and void.”

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Coleman’s assessment was in line with a city attorney selected to represent Bryant, who argued the hearing should be canceled. The board decided to seek clarification on whether ethics hearings have involved former employees in the past and whether Bryant is a contractor or vendor with the city before moving forward with a new hearing date. If he is a contractor or vendor, then Bryant is considered a public servant and falls under the board’s jurisdiction.

Pat Cunningham, a senior associate corporation counsel selected to represent Bryant, said the former planning director did nothing unethical. Bryant was wrong to approve a $215,000 contract with Street Art Mankind, Cunningham said but did not personally benefit from the situation.

“He didn’t do anything unethical,” Cunningham said. “The ethics ordinance exists to protect the people of the city of Detroit from self-dealing, (from) government appointees who make decisions that are in their own best personal or financial interest rather than the city’s best interest. And that’s not what happened in Mr. Bryant’s case.” 

“It was not good practice, the way that he handled the approval of the contract, and he’s admitted as much, but that’s not what we’re here in front of the board of ethics for.” 

Board Chair Dr. Jameel Smith referred questions to Board of Ethics Executive Director Christal Phillips, who said the jurisdiction question is among several disadvantages the board faces in educating city employees on ethics rules and ensuring the rules are followed. 

Phillips said her office is “understaffed and underfunded.” City Council members expressed interest in a “proportional funding ordinance” that would more equitably fund oversight agencies like the Board of Ethics, Auditor General, Ombudsperson, and Inspector General.

The board is seeking $125,000 in additional funding in next year’s budget to train city employees. There are only four employees responsible for keeping ethics rules fresh for more than 10,500 city workers. The board also needs an independent legal adviser, she said, and additional ethics investigators.

“We’re at the whim of the administration,” Phillips said.

Phillips said she can’t share any information about what the investigation into Bryant revealed, but she believes the hearing should move forward. It was scheduled before Bryant left the city in December, she said. 

“We have seen instances where a former public servant returns to the city, they go away for a few years, come back, get a job, and it’s as if nothing has happened,” Phillips said. “It’s important to address possible violations of the ethics ordinance, even if that person is no longer here. I think it sets a poor precedent when we say it’s okay for a public servant to violate the ethics ordinance, and all they have to do to avoid any repercussions is to leave the city.

“I don’t know what is going to happen next with this particular investigation, but I believe that we should have the right to move forward with a hearing … It’s really disappointing to see our legal counsel, supposedly representing us, going against that belief.” 

Coleman told reporters that she had been fired by Phillips in December. Wednesday was her last meeting. Coleman said she would no longer advise the board on legal matters. Phillips said Coleman was actually removed from the position by Corporation Counsel Conrad Mallett after Phillips voiced concerns about Coleman’s professionalism and performance.

“I did not know this was her last day until she said that at the end of the meeting,” Phillips said. “I really think this is just another example of why it’s so important for the board to work toward having its own independent counsel, not one assigned to us by the Law Department.”

Mallett will select a replacement, Coleman said, and she remains employed with the city’s Law Department. She had been advising the board since last August. Phillips said the board has had five attorneys serve as general counsel during the last three years. 

“It was a surprise, but it wasn’t,” Coleman said. “I received information that very shortly after I began that there was a complaint by the executive director before I did very much work. So I think it is just a personality conflict.” 

Cunningham said the board must hold a hearing within 182 days of starting an investigation, a deadline which passed in December. Phillips said the hearing was scheduled within that timeframe, but the Law Department obstructed the investigation. 

“Our investigation was delayed over a month because corporation counsel refused to give us requested documents,” Phillips said. “I was dumbfounded by that. My office reached out to the Information Technology Department and requested emails, and we were treated as an outside entity as if we were journalists requesting this information rather than an oversight agency.” 

The New York nonprofit contracted for the murals was in conversation with Bryant and Rochelle Riley, director of the city’s Detroit’s Arts, Culture and Entrepreneurship Office, for several months about the installations on downtown buildings. The project was coordinated alongside other projects to improve downtown spaces ahead of the NFL Draft. 

Street Art Mankind hired artists from across the country, which frustrated local Detroit muralists who felt the work should have gone to locals. The nonprofit also started painting murals on downtown buildings before a contract was authorized. Bryant signed the contract, then later sent a memo to City Council members apologizing for failing to follow purchasing protocols. The council unanimously voted to reject the contract in January 2024.  

“They were not asked or instructed to begin working,” Cunningham said. “(Bryant) had anticipated recommending the contract to City Council, and it was his belief that the contract was in the best interest of the city. It was going to result in murals that promoted social justice that the city was going to retain long after the draft was over. He just made a mistake when he was faced with the bad situation of the contractor beginning work without anybody’s say.” 

Bryant has consistently declined to comment on the mural contracts and ethics probe. Phillips said she’s had no contact with him directly. Bryant has communicated through his legal representative instead, she said. 

“I’ve never heard from Mr. Bryant at all,” Phillips said. “He’s never responded to this office.”