[please keep in mind that, although I am an attorney, the following is not legal advice and should not be construed as such!] The issue of a staffperson serving on the board of another museum is an employment
policy consideration. What is the position that the employee holds? There are differences between the appearance of a conflict of interest and an actual conflict of interest. A staffperson COI issue/
policy differs from the
ethical issues of a board member. A board member has a "Duty off Loyalty," which, in theory, might create a conflict of interest for a board member to serve on the board of multiple non-profits. The staffperson issue is not dissimilar to, for example, an employment contract that have a non-compete clause for a development staffperson who otherwise might take a subsequent job at a museum that looks to the same donor base. A requirement of disclosure is a start -- for employees and for board members. Certainly, in some instances, involvement in multiple nonprofits (even similar ones) can lead to collaborations rather than competition.
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Daniel Ellison JD
Durham NC
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Original Message:
Sent: 09-26-2022 12:25 PM
From: Stephanie Lile
Subject: Serving as museum staff and board
This is a super interesting and important question. The answer likely is held within the policies of your employing museum and its status (private non-profit, municipal, etc.) Some museums may see that as a conflict, while in other cases, your participation on a board could be part of your obligations as paid staff. In any case, you should tell your supervisor that you've been asked to serve on a board and discuss the pros, cons, and related policies within your employing institution. You also have to ensure that your participation on another museum's board doesn't conflict with your regular work hours. It's a delicate dance, but serving on a board, commission, or advisory panel does give you a varied perspective of the field.
Serving on an Advisory Panel is a bit different than a board as that involves less of a formal commitment and is usually based on your providing expertise or insight (similar to a board but usually in a more focused and specific way).
--
Stephanie Lile
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Original Message:
Sent: 9/25/2022 1:28:00 PM
From: Rene Ballesteros
Subject: Serving as museum staff and board
Can you be on one museum staff and serve on the Board of Directors for another museum, or is there a conflict of interest?
Can you serve on an advisory committee to avoid COI?