technical bulletin

Deaccessioning done right by Jennifer Holt, Curator, Will Rogers Memorial Museums, Claremore

Oklahoma Museums eaccessioning is the process used to ered; private sales can be problematic due to Association Dremove permanently an object from a transparency and accountability issues. The Technical Bulletin #47 museum’s collection or to document the rea- use of all proceeds should comply with the Published January sons for an involuntary removal of an object professional ethics and the law. from such a collection. The deaccession- 2009 ing process is used only when accessioned Procedures should be developed along with objects are at issue. Deaccessioning should policies. Deaccession check lists should not be viewed as a routine way to manage follow policy parameters. The registrar/col- indiscriminate collecting. The first rule is lection manager/curator should oversee the Back issues of techni- careful, focused collecting. process and maintain permanent records of cal bulletins published all deaccessions. by the Oklahoma There are a number of reasons why a mu- seum may be prompted to consider deacces- Problems may arise with the deaccession of Museums Associa- sioning. The condition of the object may be an object. The title to the object may be in- tion are available free so bad that it threatens other objects in the complete. Restrictions may have been placed to members. For a collection. A collection may contain unneces- on deaccessioning the object when donated. complete list of tech- sary duplicates. These dupes take resources Other issues that may appear include pri- nical bulletin topics, that could be used for new objects. Or an vacy/publicity rights, copyrights, unclear visit the OMA website object might be inappropriate for a collec- title (theft, illegal export, NAGPRA, federal/ tion, completely unrelated to the museum’s state laws, “found in collections” (FIC), “old www.okmuseums.org. mission and collecting focus. loans,” or tax issues.

A museum must first determine whether it Two examples of donor restrictions follow: can legally engage in the practice of deac- “I give my prized gem collection to Museum cessioning. Does the museum own clear X and it is my wish that the gems will be title to the object? Are there any laws that publicly displayed.” vs “I give my prized prevent the institution from deaccession- gem collection to Museum X provided that ing the object? If a museum has deter- the Museum agrees to permanently display mined that it has the power to deaccession my entire collection together as a unit in a it should establish in advance just how it special exhibition hall bearing my name at This technical bulletin will proceed as individual cases arise. This Museum X and dedicated by Museum X for was developed as part involves establishing deaccession policy and this sole purpose.” of the Oklahoma Muse- procedures. Museums should always be ums Associaiton 2008 mindful of legal duties of care, loyalty and When dealing with donor restrictions, the July workshop on deac- obedience; ethical principles that go beyond museum needs to examine the nature of cessioning and sup- what the law may require. the obligation. Is it binding? Is the language ported in part by the mandatory or precatory? Is it possible to Oklahoma Arts Council, When setting policy and procedures, a reasonably interpret the restrictions? The Sam Noble Oklahoma museum should consider both legal and first restriction stated above gives a museum Museum of Natural ethical ramifications of the proposed action. much more wiggle room than the second. In History, Will Rogers Public perception is very important when some cases a declaratory judgment action Memorial Museums, deaccessioning is at issue. Clear delegations in court to lift the restriction may be neces- and the Oklahoma of authority in deaccessioning procedures sary. This may be possible if the donor’s Registrars Associaiton encourage prudent and timely decision-mak- purpose is impossible, impractical or illegal. (OKRA) Standing Pro- ing. Good record-keeping should be manda- An alternate course of action may be pur- fessional Committee. tory in any deaccession process; document, sued if the donor has a general charitable document, document. Always be mindful of intent and the alternate course is in keep- the need to be transparent and accountable. ing with this general intent. A museum may Be aware of freedom of information laws. request to change the prescribed method by Once lost, public trust is hard to regain. which an object is governed if that method is thwarting the accomplishment of the original The level of authority for deaccession deci- purpose of the donation. Museums should sion-making should be at least as high, speak with legal counsel regarding individ- or higher than for accessioning. Consider ual cases. Parties that may enforce restric- donor notification. The museum needs to tions are the attorney general, persons with establish legal title to the object. You must “special interest,” or donors/heirs if there is gather sufficient facts to make an informed a “reversionary clause.” decision (duty of care). Any deaccession- ing policy should cover disposal options Selected cases that may be studied for guid- and list their order of preference. If selling ance include Barcroft Art Collection (posses items, public auctions should be consid- technical bulletin Deaccessioning done right sion), Morgan Guaranty (permanent exhibition), Taussig obligations do the Boards of Trustees of the parent organi- (no new restrictions not in original conveyance), Mary- zation have regarding the collections? All of these ques- land Institute College of Art (disposal restrictions must be tions need to be addressed before a deaccessioning project express and clear), and the Fisk University case (failure to can begin. apprise court of sale restriction). Further Resources The term “deaccession” should be defined to include both AAM: Collections Exchange Center the process of deciding whether to remove an object as well www.aam-us.org/museumresources/cec/index.cfm as the process of how that object should be disposed of. Will the object be destroyed, given to another collection, or AAMD: Art Museums and the Practice of Deaccessioning sold? The question of how proceeds from deaccession sales www.aamd.org/papers/documents/FINALPositionPa- should be used has plagued the museum community. perDeaccessioning.doc

Use of Proceeds AASLH: Ethics Position Paper 1: Capitalization of Collec- Collecting disciplines can vary in their approaches to use tions of proceeds from deaccession sales. In the last decade the www.aaslh.org/images/Pos%20Paper%201%20on%20Cap codes of ethics of major museum professional organiza- %20Coll.pdf tions have addressed the issue of use of proceeds from deaccession sale. AASLH: Ethics Position Paper 2: When a History Museum Closes Ethical Codes Regarding Use of Deaccession Proceeds www.aaslh.org/documents/EthicsPositionPaper2-Whena- AAM Code of Ethics for Museums (2000) HistoryMuseumCloses.pdf “disposal of collections through sale, trade, or research activities is solely for the advancement of the museum’s National Park Service: “Clearinghouse” mission. Proceeds from the sale of nonliving collections www.cr.nps.gov/museum/deaccess/deaccess.htm are to be used consistent with the established standards (This page provides a link to the list of objects deacces- of the museum’s discipline, but in no event shall they be sioned and available for transfer.) used for anything other than acquisition or direct care of collections.” National Park Service, Museum Handbook Part II, Chapter www.aam-us.org/museumresources/ethics/index.cfm 6, “Deaccessioning” www.cr.nps.gov/museum/publications/MHII/mh2ch6.pdf AAMD Code of Ethics (2001) “A museum director shall not dispose of accessioned works Buck, Rebecca and Gilmore, Jean (eds.). The New Museum of art in order to provide funds for purposes other than ac- Registration Methods, pp. 167-176; and pp. quisitions of works of art for the collection (in accordance 311-319. with Paragraph 25, p. xx).” www.aamd.org/about/#Code Malaro, Marie C. A Legal Primer on Managing Museum Collections, (2nd 2d. 1998) Chapter V, pp. 216-238. AASLH (2002) “C. Collections shall not be capitalized or treated as finan- Tompkins, William, “Should Museums Capitalize Their cial assets. D. Collections shall not be deaccessioned or Collections?” Museum News (Jan/Feb 2004). disposed of in order to provide financial support for insti- tutional operations, facilities maintenance or any reason Weil, Stephen E., ed. A Deaccession Reader, the following other than preservation or acquisition of collections, as chapters are especially useful: defined by institutional policy.” Miller, “’Guilt-Free’ Deaccessioning,” pp. 93-97. www.aaslh.org/ethics.htm Rewald, “Should Hoving Be De-accessioned?” pp. 23-37. Weil, “The Deaccession Cookie Jar,” pp. 87-91. The 800 pound gorilla - FASB Metropolitan Museum of Art, “Procedures for Deacces- FASB: Financial Accounting Standards Board sioning and Disposal of Works of Art,” pp. 197-202. (The “An entity need not recognize contributions of works of MET adopted this policy after experiencing very bad art, historical treasures, and similar assets if the donated press regarding its handling of “the deGroot affair.” See items are added to collections that meet all of the following footnote 196 in Chapter IV of Legal Primer on Managing conditions: a. Are held for public exhibition, education, or Museum Collections.) research in furtherance of public service rather than finan- cial gain, b. Are protected, kept unencumbered, cared for, Sample Forms online and preserved, c. Are subject to an organizational policy Sindecuse Museum of Dentistry Deaccessioning Form that requires the proceeds from sales of collection items to http://sitemaker.umich.edu/colcom.forms/files/sinde- be used to acquire other items for collections.” cuse_deaccession.pdf www.fasb.org/pdf/aop_FAS116.pdf University of Michigan Museum of Anthropology Deacces- “Museums” in non-museum parent organizations such sion Checklist as university galleries may have different requirements. http://sitemaker.umich.edu/colcom.forms/files/deacces- Should museum standards and procedures apply? What sion_checklist.doc