Ethics board written decision topic of meeting

The Birmingham Board of Ethics on Friday, November 15, is expected to fine tune and then approve a written opinion for a September meeting decision dismissing an ethics complaint against city museum director Leslie Pielack filed by former museum board member Jay Shell.

The three-person board of ethics, a quasi-judicial panel, heard testimony related to the issue at its September 20 meeting and voted unanimously to dismiss the complaint as lacking in merit. A written opinion on the complaint will now be issued.

The board of ethics complaint was filed in late June by then-museum board member Shell against Pielack, citing several sections of the city’s code of ordinances but basically focused on her handling of an announcement of a museum board member who resigned; a funding request to attend a museum-related national event; and the director’s reaction to his reaching out directly to a city official on a museum related issue contrary to normal board protocol.

Shell was a member of the museum board when he first filed the complaint, but when his term of office came up for renewal in July the city commission did not appoint him to another term. In complaint documents updated in August Shell claimed the city commission’s failure to reappoint him was part of a “clandestine plan” on the part of city officials to remove him from the board as a “retaliatory” action for his filing of the ethics complaint while he was a board member.

The ethics complaint alleged that Pielack has failed to remain impartial when carrying out her duties as museum director and had relied on a “personal” relationship with a museum board member, who is also a member of a non-profit that supports the museum, to obtain funds from the non-profit group to cover some expenses incurred while attending a national training program.

Shell also alleged in his complaint that “Anyone who threatens Leslie Pielack’s control over the board of the Birmingham Museum is unfairly attacked, defamed, and treated with hostility,” thereby diminishing the public trust in the government as outlined in city ethics policy.

Pielack had denied all of the allegations put forth in Shell’s complaint and the Birmingham Board of Ethics found no ethics violations and dismissed the complaint.

The hearing on November 15 at City Hall is open to the public or can be viewed via Zoom.