Open Forum

We have a board member who is returning to school and is a student in a college level Museum Studies program for which she will receive college credit. We would like feedback as to whether having her as an intern for that program is a conflict while she is also serving on the board. Our board members are unpaid so she would be a volunteer in both roles.

Beth Smith
Executive Director
Visions Art Museum: Contemporary Quilts + Textiles
San Diego, California

My first thought is to check the institution's policy for board members.  Is there anything in the policy that concerns this type of situation or something similar?  The role of board member and student intern should be separate.  While functioning as a student intern the board member will fall under institution policy as a student.  Board members should not seek personal gain from their position as board members.  If no policies exist concerning this situation there should be revisions made to current policy.  Going back to school is an excellent life choice but the board member should keep their role as board member and student separate.  If they cannot, they should seek an internship at another institution or resign as board member

------------------------------
William Kunkle
University of West Georgia
Carrollton GA
------------------------------

Original Message:
Sent: 09-27-2015 12:14 PM
From: Beth Smith
Subject: should a board member also be in intern

We have a board member who is returning to school and is a student in a college level Museum Studies program for which she will receive college credit. We would like feedback as to whether having her as an intern for that program is a conflict while she is also serving on the board. Our board members are unpaid so she would be a volunteer in both roles.

Beth Smith
Executive Director
Visions Art Museum: Contemporary Quilts + Textiles
San Diego, California

O agree with William Kunkle the board member should at least take a leave of absence from the board until the internship or Museum Studies program has been completed. This should be base knowledge for any board member to know and understand the conflict of interest and the separation of board and staff.

------------------------------
Samuel Black
Director of African American Programs
Senator John Heinz History Center
Pittsburgh PA
------------------------------

Original Message:
Sent: 09-28-2015 07:52 AM
From: William Kunkle
Subject: should a board member also be in intern

My first thought is to check the institution's policy for board members.  Is there anything in the policy that concerns this type of situation or something similar?  The role of board member and student intern should be separate.  While functioning as a student intern the board member will fall under institution policy as a student.  Board members should not seek personal gain from their position as board members.  If no policies exist concerning this situation there should be revisions made to current policy.  Going back to school is an excellent life choice but the board member should keep their role as board member and student separate.  If they cannot, they should seek an internship at another institution or resign as board member

------------------------------
William Kunkle
University of West Georgia
Carrollton GA
------------------------------


Original Message:
Sent: 09-27-2015 12:14 PM
From: Beth Smith
Subject: should a board member also be in intern

We have a board member who is returning to school and is a student in a college level Museum Studies program for which she will receive college credit. We would like feedback as to whether having her as an intern for that program is a conflict while she is also serving on the board. Our board members are unpaid so she would be a volunteer in both roles.

Beth Smith
Executive Director
Visions Art Museum: Contemporary Quilts + Textiles
San Diego, California

As a former museum staffer and a current board member (not a museum) this is definitely a conflict, despite the lack of any monetary gain. As the ED I would suggest engaging your board chair in a discussion; maybe the board needs to review their by-laws?

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Maribeth Flynn
Museum Education Consultant
------------------------------

Original Message:
Sent: 09-28-2015 08:31 AM
From: Samuel Black
Subject: should a board member also be in intern

O agree with William Kunkle the board member should at least take a leave of absence from the board until the internship or Museum Studies program has been completed. This should be base knowledge for any board member to know and understand the conflict of interest and the separation of board and staff.

------------------------------
Samuel Black
Director of African American Programs
Senator John Heinz History Center
Pittsburgh PA
------------------------------


Original Message:
Sent: 09-28-2015 07:52 AM
From: William Kunkle
Subject: should a board member also be in intern

My first thought is to check the institution's policy for board members.  Is there anything in the policy that concerns this type of situation or something similar?  The role of board member and student intern should be separate.  While functioning as a student intern the board member will fall under institution policy as a student.  Board members should not seek personal gain from their position as board members.  If no policies exist concerning this situation there should be revisions made to current policy.  Going back to school is an excellent life choice but the board member should keep their role as board member and student separate.  If they cannot, they should seek an internship at another institution or resign as board member

------------------------------
William Kunkle
University of West Georgia
Carrollton GA
------------------------------


Original Message:
Sent: 09-27-2015 12:14 PM
From: Beth Smith
Subject: should a board member also be in intern

We have a board member who is returning to school and is a student in a college level Museum Studies program for which she will receive college credit. We would like feedback as to whether having her as an intern for that program is a conflict while she is also serving on the board. Our board members are unpaid so she would be a volunteer in both roles.

Beth Smith
Executive Director
Visions Art Museum: Contemporary Quilts + Textiles
San Diego, California

I agree with the policy comments.  The appearance of a conflict exists when the board has any influence on hiring or reviewing the Director's position, and by chain of reporting, any intern program managers.  The board may also have responsibility for budgets, including allocation to the intern program.  College credit is a material benefit, a matter of personal gain for the board member.  The board is responsible to oversee all of the programs, including internships, and by extension the review of the intern's performance and the program's performance.  A conflict of interest appears to exist.   

------------------------------
Robert Gutowski
Director of Public Programs
Morris Arboretum of the University of Pennsylvania
Philadelphia PA
------------------------------

Original Message:
Sent: 09-27-2015 12:14 PM
From: Beth Smith
Subject: should a board member also be in intern

We have a board member who is returning to school and is a student in a college level Museum Studies program for which she will receive college credit. We would like feedback as to whether having her as an intern for that program is a conflict while she is also serving on the board. Our board members are unpaid so she would be a volunteer in both roles.

Beth Smith
Executive Director
Visions Art Museum: Contemporary Quilts + Textiles
San Diego, California

Original Message------

We have a board member who is returning to school and is a student in a college level Museum Studies program for which she will receive college credit. We would like feedback as to whether having her as an intern for that program is a conflict while she is also serving on the board. Our board members are unpaid so she would be a volunteer in both roles.

Beth Smith
Executive Director
Visions Art Museum: Contemporary Quilts + Textiles
San Diego, California

At the outset, there already is an appearance of conflict of interest - the natural question someone would ask is, "How did they get that internship?  Just because they are also on the board?"  Honestly the best solution may be to draw a hard line and not allow it to go forward.  Even if the board member went through all the proper channels to apply for the internship, and was vetted along with all the other candidates, the optics are that somehow favor was granted.

The other item I want to bring up is the nature of the internship as unpaid.  Unpaid interns are "trainees" in terms of the Department of Labor/Wage and Hour Division and the Fair Labor Standards Act.  You don't mention if this is an entirely new career for this board member, or a continuation.  Aside from ensuring that our internship programs meet the 6 requirements that the DOL considers mandatory for someone to be considered an unpaid trainee, if the board member already has some experience in the field, it would be difficult to prove that they qualify as a "trainee", which may engender additional liability.

State laws vary widely, and in Connecticut, our state legislature recently passed a public act that mirrors the DOL's criteria to justify an internship as unpaid.  There are also a number of ethical questions with regards to unpaid internships, including pushing students towards further debt.  In addition, it may cause adverse impact to those at lower socioeconomic levels, as they may be less likely to have the support of family or others to pay for their rent, food, and bills, while they take an unpaid internship.

The National Association of Colleges and Employers (NACE) have published a position statement on internships, which includes criteria for an experience to be defined as an internship, as well as for it to be unpaid.  You can look at their position statement at: Position Statement: U.S. Internships

Christine

------------------------------
Christine Engel
Chief Human Resources Officer
Wadsworth Atheneum Museum of Art
Hartford CT
------------------------------

Original Message:
Sent: 09-27-2015 12:14 PM
From: Beth Smith
Subject: should a board member also be in intern

We have a board member who is returning to school and is a student in a college level Museum Studies program for which she will receive college credit. We would like feedback as to whether having her as an intern for that program is a conflict while she is also serving on the board. Our board members are unpaid so she would be a volunteer in both roles.

Beth Smith
Executive Director
Visions Art Museum: Contemporary Quilts + Textiles
San Diego, California

Original Message------

We have a board member who is returning to school and is a student in a college level Museum Studies program for which she will receive college credit. We would like feedback as to whether having her as an intern for that program is a conflict while she is also serving on the board. Our board members are unpaid so she would be a volunteer in both roles.

Beth Smith
Executive Director
Visions Art Museum: Contemporary Quilts + Textiles
San Diego, California

Original Message------

We have a board member who is returning to school and is a student in a college level Museum Studies program for which she will receive college credit. We would like feedback as to whether having her as an intern for that program is a conflict while she is also serving on the board. Our board members are unpaid so she would be a volunteer in both roles.

Beth Smith
Executive Director
Visions Art Museum: Contemporary Quilts + Textiles
San Diego, California

In my opinion, one cannot simultaneously occupy two such different roles in an organization. In various peer reviews, I have observed enough disagreements and conflicts between museum staffs and boards to know that in practical terms, it would be a bad idea; in terms of ethics, a conflict of interest also seems clear. Robert Gutowski explained this most clearly above, and I echo his reasoning from start to finish. 

------------------------------
Bruce MacLeish
Curator Emeritus
Newport Restoration Foundation
Newport RI
------------------------------

Original Message:
Sent: 09-28-2015 11:44 AM
From: Dana Neitzel
Subject: should a board member also be in intern

Since it is on a strictly volunteer basis, I don't think the ethics of your institution is in question.  It is really the responsibility of the university.  I know our local programs in the Bay Area generally do not let our staff who are in school do internships where they work. 

Dana Neitzel

Curator

San Mateo County Historical Association

2200 Broadway, Redwood City, CA 94063

Ph: 650.299.0104, ext. 230 | Fax: 650.299.0141

dana@historysmc.org | www.historysmc.org

Current changing exhibits at the History Museum:

From Mills Field to SFO:  Flight on the Peninsula (through January 9, 2016)

Let's Play Ball (through September 4, 2016)

Good question with lots of "what ifs"! While I agree that the easiest solution in this case may be for the board member/intern to step off the board for a time because of the appearance of conflict, it is not a clear cut case. I suppose education (a form of self improvement) could be considered self interest, but then many of the museum's volunteers might also be conflicted. In smaller museums with participatory boards it is not uncommon for board members to volunteer in other areas as well, serving as docents, editors, lecturers, shop managers, etc. Performance issues can (and do) arise forcing the ED to make tough decisions related to a board member boss (who may also be a donor).

In most cases, it would seem that transparency is the best policy. Make certain that the Chairman and the entire board are aware of the situation and the potential for and appearance of conflict. This puts all of the players on notice and, hopefully, all will be on their best behavior during the course of the internship or volunteer assignment. In this particular case, it may be best to let it run its course rather than risk public embarrassment to the institution and individuals involved--let's face it, the semester internship will likely be over before this thread peters out.

------------------------------
Andrew Masich
President & CEO
Senator John Heinz History Center
Pittsburgh PA
------------------------------

Original Message:
Sent: 09-29-2015 11:28 AM
From: Bruce MacLeish
Subject: should a board member also be in intern

In my opinion, one cannot simultaneously occupy two such different roles in an organization. In various peer reviews, I have observed enough disagreements and conflicts between museum staffs and boards to know that in practical terms, it would be a bad idea; in terms of ethics, a conflict of interest also seems clear. Robert Gutowski explained this most clearly above, and I echo his reasoning from start to finish. 

------------------------------
Bruce MacLeish
Curator Emeritus
Newport Restoration Foundation
Newport RI
------------------------------


Original Message:
Sent: 09-28-2015 11:44 AM
From: Dana Neitzel
Subject: should a board member also be in intern

Since it is on a strictly volunteer basis, I don't think the ethics of your institution is in question.  It is really the responsibility of the university.  I know our local programs in the Bay Area generally do not let our staff who are in school do internships where they work. 

Dana Neitzel

Curator

San Mateo County Historical Association

2200 Broadway, Redwood City, CA 94063

Ph: 650.299.0104, ext. 230 | Fax: 650.299.0141

dana@historysmc.org | www.historysmc.org

Current changing exhibits at the History Museum:

From Mills Field to SFO:  Flight on the Peninsula (through January 9, 2016)

Let's Play Ball (through September 4, 2016)

I had a situation where the board hired one of their own to be in charge of the museum's facilities and who would report to them and not me.  This happened between my accepting the position and starting work. On top of that, they wanted to bring my predecessor onto the board.  Both were really bad ideas and I went directly to the individuals and asked the one to drop off the board and the other to decline coming on.  Both agreed, grudgingly, that this would be best.  Conflicts with the former were a regular occurrence and this did not end well.  I think that no matter what agreement you think you may have with your board about how this intern will be treated and who they report to, in a conflict you will probably find that they back their peer over the staff, including the ED.  Just my view from the saddle. 

------------------------------
David Beard
Director
Museum of the Gulf Coast
Port Arthur TX
------------------------------

Original Message:
Sent: 09-30-2015 08:00 AM
From: Andrew Masich
Subject: should a board member also be in intern

Good question with lots of "what ifs"! While I agree that the easiest solution in this case may be for the board member/intern to step off the board for a time because of the appearance of conflict, it is not a clear cut case. I suppose education (a form of self improvement) could be considered self interest, but then many of the museum's volunteers might also be conflicted. In smaller museums with participatory boards it is not uncommon for board members to volunteer in other areas as well, serving as docents, editors, lecturers, shop managers, etc. Performance issues can (and do) arise forcing the ED to make tough decisions related to a board member boss (who may also be a donor).

In most cases, it would seem that transparency is the best policy. Make certain that the Chairman and the entire board are aware of the situation and the potential for and appearance of conflict. This puts all of the players on notice and, hopefully, all will be on their best behavior during the course of the internship or volunteer assignment. In this particular case, it may be best to let it run its course rather than risk public embarrassment to the institution and individuals involved--let's face it, the semester internship will likely be over before this thread peters out.

------------------------------
Andrew Masich
President & CEO
Senator John Heinz History Center
Pittsburgh PA
------------------------------


Original Message:
Sent: 09-29-2015 11:28 AM
From: Bruce MacLeish
Subject: should a board member also be in intern

In my opinion, one cannot simultaneously occupy two such different roles in an organization. In various peer reviews, I have observed enough disagreements and conflicts between museum staffs and boards to know that in practical terms, it would be a bad idea; in terms of ethics, a conflict of interest also seems clear. Robert Gutowski explained this most clearly above, and I echo his reasoning from start to finish. 

------------------------------
Bruce MacLeish
Curator Emeritus
Newport Restoration Foundation
Newport RI
------------------------------


Original Message:
Sent: 09-28-2015 11:44 AM
From: Dana Neitzel
Subject: should a board member also be in intern

Since it is on a strictly volunteer basis, I don't think the ethics of your institution is in question.  It is really the responsibility of the university.  I know our local programs in the Bay Area generally do not let our staff who are in school do internships where they work. 

Dana Neitzel

Curator

San Mateo County Historical Association

2200 Broadway, Redwood City, CA 94063

Ph: 650.299.0104, ext. 230 | Fax: 650.299.0141

dana@historysmc.org | www.historysmc.org

Current changing exhibits at the History Museum:

From Mills Field to SFO:  Flight on the Peninsula (through January 9, 2016)

Let's Play Ball (through September 4, 2016)

I agree whole-heartedly with Robert and Bruce and those who feel there is conflict in the situation as outlined.  There is another more basic reason to encourage the board member NOT to do hwr nternship with you.  Thereotically she knows the operations of your institution.   She should intern in a different museum to gain the broadest possible exposure to operations.  

While we all operate within the same theoretical construct, local practice often creates different ways of doing things.  It's great to be exposed to that creativitu as much as possible.

Regards

------------------------------
VivianLea Solek

AAM Peer Reviewer

Monroe CT
------------------------------

Original Message:
Sent: 09-29-2015 11:28 AM
From: Bruce MacLeish
Subject: should a board member also be in intern

In my opinion, one cannot simultaneously occupy two such different roles in an organization. In various peer reviews, I have observed enough disagreements and conflicts between museum staffs and boards to know that in practical terms, it would be a bad idea; in terms of ethics, a conflict of interest also seems clear. Robert Gutowski explained this most clearly above, and I echo his reasoning from start to finish. 

------------------------------
Bruce MacLeish
Curator Emeritus
Newport Restoration Foundation
Newport RI
------------------------------


Original Message:
Sent: 09-28-2015 11:44 AM
From: Dana Neitzel
Subject: should a board member also be in intern

Since it is on a strictly volunteer basis, I don't think the ethics of your institution is in question.  It is really the responsibility of the university.  I know our local programs in the Bay Area generally do not let our staff who are in school do internships where they work. 

Dana Neitzel

Curator

San Mateo County Historical Association

2200 Broadway, Redwood City, CA 94063

Ph: 650.299.0104, ext. 230 | Fax: 650.299.0141

dana@historysmc.org | www.historysmc.org

Current changing exhibits at the History Museum:

From Mills Field to SFO:  Flight on the Peninsula (through January 9, 2016)

Let's Play Ball (through September 4, 2016)