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deaccessioning policy

  • 1.  deaccessioning policy

    Posted 10-24-2018 04:36 PM

    Hey there,


    Does anyone out there have a deaccessioning policy that they are willing to share?  I am particularly interested in deaccessioning policies for state, university museums.  Thanks so much for considering and for any help that you have to offer.


    Sincerely,


    Tracy Bidwell

    Chief Registrar

    Fred Jones Jr. Museum of Art

    555 Elm Avenue

    Norman, OK 73019

    ou.edu/fjjma | @fjjma

    (405) 325-5388


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  • 2.  RE: deaccessioning policy

    Posted 10-25-2018 07:13 AM
    Dear Tracy - here is ours (Excerpted from our Collections Policy).  We are on the campus of and a department of, a high scool; one of two in the country, the other being Phillips Andover (Addison Gallery), so we are in all way like a college museum.

    6. Deaccession Policy


    Deaccessioning is the process of permanently removing from the collections  accessioned museum holdings. The disposal of objects from the SMM's collections for any reason has ethical, legal, and financial consequences which must be considered by the Director, the Collections Committee, and the Board of Trustees. The deaccessioning of objects should be considered on an individual basis in a cautious and scrupulous manner.

     

    ·         Criteria for removal of objects from the Collection

     

    Any or all of the criteria below will be sufficient for an object to be considered for deaccession.

     

    a.       The object is no longer relevant and useful to the purposes and activities of the SMM.

     

    b.      The SMM is not able to preserve the object properly.

     

    c.       The object has deteriorated beyond usefulness for exhibition or study.

     

    d.      The object is duplicated in the collection with one of better quality, condition or provenance.

     

    ·         Procedure for the removal of objects from the Collection

     

    Unaccesssioned material of minimal value may be disposed of by the Director in consultation with the Collections Committee.

     

    Before any object is considered for deaccesssioning, a title and ownership search shall be conducted to verify that the SMM is legally free to do so.

     

    Material found in the collection which, in the opinion of the Director/curator, constitutes a potential hazard to the building, personnel or collections will be disposed of immediately by the best available means, in consultation with the Director of Campus Safety.

     

    Accessioned material of value (and unaccessioned material of possible interest and value) to be removed from the collection shall be recommended for deaccessioning to the Collections Committee by the Director/Curator. If a simple majority of the Collections Committee approves the deaccession, the director shall implement.

     

    It is crucial that thorough documentation be maintained at each step of the deaccession process. Recommendations for deaccessioning should be recorded in writing, specifying the source and provenance of the material or object, the reason for deaccessioning, the estimated market value and the recommended means of disposal[Z1] .

     

    ·         Restrictions

     

    No donated object shall be deaccessioned for any reason until two years after the date of its acquisition.

     

    Expressed or specific restrictions imposed by the donor, and agreed to by SMM, NFA and/or NFA Foundation may not be violated by the object's disposal. If it can clearly be shown that adherence to such restriction(s) is impossible or substantially detrimental to the SMM, legal advice will be sought[Z2] .

     

    If a donated object is slated for deaccessioning, particularly an object with restrictions, a reasonable effort shall be made to notify the donor or his or her legal representative to inform them of the SMM's intention to deaccession.

     

    ·         Methods of Disposal

     

    The Collections Committee will approve the methods of disposal of museum objects and confirm the disposition of proceeds follows stated museum policy. The Board should also consider the full range of factors affecting the public interest.

     

    Objects may be disposed of by sale, exchange or trade, transfer to another institution, or destruction, after the donor has been offered a right of first refusal. If an object has seriously deteriorated or has been deemed through thorough scholarship to be a reproduction of limited monetary value, it may also be considered for "hands-on" use within the museum or another educational organization. An effort to offer items to other non-profit institutions for gifts, exchange or sale should be pursued if such items warrant preservation by an institution other than the SMM.

     

    Such items whose ownership is not transferred to another non-profit institution shall be disposed of preferably by public auction. Reasons for sale by any other means must be justified in writing and approved by the Board of Trustees. The sale will be conducted by an auction house. Selection of an auction house will be made by the Director.

     

    Other means of sale may be used when the Collections Committee, due to overriding considerations, finds some other method preferable to public auction. Objects may be deaccessioned through transfer free of payment by the above referenced methods only to other museums or public or educational institutions.

     

    There shall be no trades or private sales made by any members of the Board of Trustees, Collections Committee, Volunteers, or staff. No staff, volunteer or Board member shall knowingly acquire by gift, exchange or purchase any item deaccessioned from the collections of the SMM.

     

    ·         Use of funds raised from the sale of museum objects

     

    All monies obtained from the sale of deaccessioned objects will be allocated for the purposes of acquisitions or conservation of the existing collections. Such funds should not be applied to the operational expenses of the SMM.


     

    Vivian F. Zoë, Director
    Slater Memorial Museum
    Norwich Free Academy
    108 Crescent Street, Norwich CT 06360
    860-425-5560 vox
    860-885-0379 fax

    "Inspiration is for amateurs - the rest of us just show up and get to work," Chuck Close, 2003


    Please note:  The information contained in this e-mail and any attachments hereto is intended only for the personal and confidential use of the designated recipients.  If the reader/recipient of this message is not the intended recipient, you are hereby notified that you have received this e-mail and all attachments hereto in error and that any review, dissemination, distribution or copying of this e-mail or any of its attachments is strictly prohibited.  If you have received this communication in error, please notify the sender immediately by e-mail and destroy the original message received.  Thank You.



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  • 3.  RE: deaccessioning policy

    Posted 10-26-2018 09:45 AM
    Vivian,

    Thank you for sharing your policy - it's very clear and well written. 

    There's a clause in your policy that gives the donor "right of first refusal."  I was under the impression, which may be wrong, that there might be IRS restrictions in giving a donor back items that they may have claimed as deductions in previous years.  In the case of offering a donor back items, do you offer them back in exchange for a market rate price, or is it a non-monetary transfer? Is there any restriction on the number of years this applies - for instance if the donor has long passed, do you offer items back to children or grandchildren?  This is particularly of interest at my institution as we have some material that relates to this question and I would love to have a definitive answer. 

    Thank you!

    Melissa Russo
    San Bernardino County Museum
    Redlands, CA

    ------------------------------
    Melissa Russo
    Director
    San Bernardino County Museum
    Redlands CA
    ------------------------------

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  • 4.  RE: deaccessioning policy

    Posted 10-29-2018 08:23 AM
    Melissa raises an excellent point and one I have never understood regarding some deaccession policies.  I would be interested in hearing from the field about why offering to return a deaccessioned donation to a donor is an option.  I have always preferred to let a museum do as it wishes when deaccessioning something as long as no gift or other restrictions or ownership parameters are violated.   In addition to the possibility of having to track down the qualifying heirs of dead donors, any tax implications should fall outside a museum's concerns since, presumably, the institution was not involved in tax deduction scenarios as might be the case if it set or confirmed a market value for an object(s).   I have acquired a lot of things for the museums and have never been party to a donor's personal tax deduction matters. 

    Thank you,

    Steve

    ------------------------------
    Steven Miller
    Executive Director Ret.
    Boscobel House and Gardens
    Garrison NY
    ------------------------------

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  • 5.  RE: deaccessioning policy

    Posted 10-30-2018 07:03 AM
    ... and you shouldn't be.  Beyond issuing the form 8283, the museum's role in the donor's tax returns is nil.  In fact, the I.R.S. specifically forbids museum professionals from rendering an opinion on material value.

    Vivian F. Zoë, Director
    Slater Memorial Museum
    108 Crescent Street, Norwich CT 06360
    860-425-5560 vox
    860-885-0379 fax

    "Inspiration is for amateurs - the rest of us just show up and get to work," Chuck Close, 2003


    Please note:  The information contained in this e-mail and any attachments hereto is intended only for the personal and confidential use of the designated recipients.  If the reader/recipient of this message is not the intended recipient, you are hereby notified that you have received this e-mail and all attachments hereto in error and that any review, dissemination, distribution or copying of this e-mail or any of its attachments is strictly prohibited.  If you have received this communication in error, please notify the sender immediately by e-mail and destroy the original message received.  Thank You.



    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 6.  RE: deaccessioning policy

    Posted 10-30-2018 10:50 AM
    I would like to offer a suggestion regarding offering donors "right of first refusal" if a donated object were to be deaccessioned. Quite aside from questions of taxation, ably discussed by Steve Miller and others, above, there is also a question of who the proper owners of an object might be, if the donor has died. The procedure of determining legal might reasonably be avoided, simply due to the extensive work to be involved in some cases. Additionally, if the museum were to be seen as returning objects to donors, one might expect to anticipate "heir raids" for objects of great sentimental or monetary value.

    During my entire museum career (still rolling along, slowly), I witnessed the return of an object to a donor's family only once. It involved taking the item in question to a major auction house for an appraisal, and then carrying out a private sale at the appraised market value. The whole process was allowed, under the museum's collections management policy. But these days I seldom, if ever, see the terms "negotiated private sale", or "private auction" in CMPs, as approved means of disposing of deaccessioned objects. Despite the income from derived from such a sale, it might be viewed as unethical, not to mention bad for the museum's image. It would also involve a lot of staff time, from start to finish.

    If an object were to be deaccessioned and returned to a donor (or heirs) without remuneration, the important issue of fiduciary responsibility would arise. Since collections are held by museums in trust for the public, reducing those assets signifies that the board or other governing entity has acted improperly in their fiduciary duties. Of course, the image of objects being given away by the museum would do great damage to the institution's reputation, as well. Those are my views, in any case.

    So, Steve, there's my reply on this subject. 

    Bruce

    ------------------------------
    Bruce MacLeish
    Curator Emeritus, Newport Restoration Foundation
    Cooperstown NY
    ------------------------------

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  • 7.  RE: deaccessioning policy

    Posted 10-31-2018 08:09 AM
    Thank you so much Bruce...especially for the term heir raid!!
    I never thought of the idea that should a museum deaccession by returning an object to a donor word might get out that all donations are up for grabs by donors or their relatives.  This is yet another argument against the practice. 

    This helpful discussion further emphasizes the need to be absolutely certain a donor making a donation has the legal right to do so and this is confirmed in donation paperwork.  I had an instance once when I was a curator of the Museum of the City of New York and the daughter of a deceased donor showed up at the front desk to get a painting her father had given us years before.  She claimed he was not in his right mind when he had made the donation.  Long story short, the director then deaccessioned the painting to her, which she promptly sold to a dealer she had invited to see it in our office.  While we had not thought of removing it from our collection it was "redundant" as we had several similar paintings by the same artist, and the canvas was severely torn.  I would have required her to prove she was the daughter, she was the only heir, she had legal standing to make her claim, and that her father was indeed mentally incapacitated when he had given the painting.  However, the director believed her story and essentially said...you can't make this stuff up.

    This topic is of importance in our field and for the ever-recurring subject of deaccessioning so thank you all.

    Sincerely,

    Steve

    ------------------------------
    Steven Miller
    Executive Director Ret.
    Boscobel House and Gardens
    Garrison NY
    ------------------------------

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  • 8.  RE: deaccessioning policy

    Posted 11-02-2018 02:03 PM
    When I was curator at a city museum, I had a visitor show up to retrieve an item he loaned to the museum during WWII. I guess he didn't know if he'd come back. But he did - sometime around 1990. The item had an accession number on it, but I pulled the file and looked at the form. It was listed as a loan - although it was filed as an accession. At some point in the past, a curator converted the loan number to an accession number. It was not an artifact of significance to the museum collections, so I did the paperwork returning the item back into his custody.

    That brings up the point of what happens when a curator of the past made a mistake. With state-owned museums, there is a policy for orphaned objects. When does a forgotten object on loan become an orphan? In my instance, it was pretty cut-and-dry. I can see other times where it isn't so clear. One doesn't deaccession a loan... do they?

    ------------------------------
    Alan Goldstein
    Interpretive Naturalist, CIP
    Falls of the Ohio State Park / Interpretive Center
    Clarksville IN
    ------------------------------

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  • 9.  RE: deaccessioning policy

    Posted 11-05-2018 12:51 PM
    Among the criteria I have used in deaccessioning policies is "accessioned in error".    As you say, in some case the mistake is evident and can be readily fixed.

    ------------------------------
    Janice Klein
    Executive Director
    Museum Association of Arizona
    Tempe AZ
    ------------------------------

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  • 10.  RE: deaccessioning policy

    Posted 10-25-2018 07:36 AM
    Hello Tracy!  I would watch these wonderful (and free) webinars from Connecting to Collections Care about deaccessioning practices.  It was helpful to me before I started at my institution.  Good luck!

    Why do we need this? Insights and Hindsights from Deaccessioning

    The Deaccessioning Dilemma: Laws, Ethics, and Actions


    ------------------------------
    Leslie Wagner

    ------------------------------

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  • 11.  RE: deaccessioning policy

    Posted 10-25-2018 08:11 AM
    Hi Tracey:

    I included a policy of the New York State Museum in appendix II of my book: Deaccessioning Today: Theory and Practice.

    Regards,

    Steve

    ------------------------------
    Steven Miller
    Executive Director Ret.
    Boscobel House and Gardens
    Garrison NY
    ------------------------------

    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 12.  RE: deaccessioning policy

    Posted 10-25-2018 09:50 AM
    Tracy,
    Here's how our deaccessioning policy goes.

    I. The term "deaccession" includes donations, sales, exchanges, and any other transactions by which title to collection materials is transferred from the "park" to another institution or individual, as well as disposal by intentional destruction.

    A. Collection materials will be deaccessioned only if:
    1. They are no longer relevant and useful to the "park's" mission and/or
    2. They can no longer be properly preserved and/or they have deteriorated beyond usefulness; and
    3. There are no restrictions, which prohibit removal. The "park" can only be relieved from restrictions by proper legal procedures.
    4. The cost of keeping and maintaining the object is incongruous with the object's value or cultural significance. The object may be too common to maintain or keep in good condition.

    B. Collection materials will be deaccessioned only:
    1. Upon the recommendation of the "superintendant, museum director, or curator and the compilation of the following documentation:
    a. Evidence of clear and unrestricted title to the material under discussion;
    b. A complete description of material with documentation of history/provenance;
    c. Detailed justification for deaccession; and
    d. A proposal for deposition of the materials that demonstrated the deaccession fits within all applicable "Agency" policy.

    ------------------------------
    Keith Martin
    Museum Exhibit Program Specialist
    Arkansas State Parks Department of Parks & Tourism
    Little Rock AR
    ------------------------------

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  • 13.  RE: deaccessioning policy

    Posted 10-25-2018 11:09 AM
    Hi Tracy,

    Here is a link to my graduate thesis paper on this topic. It includes specific case studies and common guidelines. I think you might find it helpful. https://ir.library.louisville.edu/etd/769/



    Date on Master's Thesis/Doctoral Dissertation

    5-2013

    Document Type

    Master's Thesis

    Degree Name

    M.A.

    Department

    Fine Arts

    Committee Chair

    Begley, John P.

    Author's Keywords

    Museum policy; Deaccessioning; Modern art; Accessioning; Contemporary art; Art museum

    Subject

    Museums--Collection management--Kentucky--Louisville; Museums--Acquisitions--Kentucky--Louisville; J.B. Speed Art Museum

    Abstract

    This research looks at current issues involved in the deaccessioning of works of modern and contemporary art in American art museums. In May of 2012 the Speed Art Museum in Louisville, Kentucky deaccessioned three sculptural works made by the artist Petah Coyne. This research aims to explore the issues that arose during this deaccessioning project of these three works and to discover how the staff at the Speed Museum addressed such issues. Of particular interest for this research are the issues that surround the deaccessioning process for works made by artists whom are still alive. Additional cases of deaccessioning, which caused controversy and informed the practices utilized by the Speed Museum staff are also discussed in their relation to serving individual donors and the general public.

    Recommended Citation

    Kociscak, Megan Elizabeth 1987-, "Art museum deaccessioning : conflict between museum professionals, donor intent, the public, and living artists." (2013). Electronic Theses and Dissertations. Paper 769.
    https://doi.org/10.18297/etd/769



    ------------------------------
    Megan Kociscak
    ------------------------------

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  • 14.  RE: deaccessioning policy

    Posted 10-29-2018 09:49 AM
    Thank you all for such thoughtful replies.  I really appreciate you taking the time to consider my question and offer such great feedback.

    Thanks, again.

    Sincerely,

    Tracy

    ------------------------------
    Tracy Bidwell
    Chief Registrar
    Fred Jones Jr. Museum of Art - University of Oklahoma
    Norman OK
    ------------------------------

    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more