A PUBLICATION OF THE AMERICAN ASSOCIATION FOR STATE AND LOCAL HISTORY #278

Cleaning House: A Guide to and Abandoned Property By Alli Rico

useums today Rico Alli are in a constant state of flux. They change with society, Mcollecting tangible evidence of this transformation as it occurs through time. But are not static entities. They must be allowed to evolve as priorities shift and visitor interests morph. Struggling to meet the demands of a new generation of visitors, today’s museums—particularly history museums—are faced with the challenge of reinterpreting and reimagining collections in new and inspiring ways. Additionally, these museums are working to reshape their collections to better fit their A Chippendale chair in the Naples room at the Cambridge missions and policies. Historical Society.

1 Cleaning House: A Guide to Deaccessioning and Abandoned Property Daniel Casey Daniel

The Cambridge Historical Society was founded in 1905, and since 1957 has been located in the Hooper-Lee-Nichols House at 159 Brattle Street.

volving to meet new and Deaccessioning Procedure developing trends should A thorough, well-written deaccessioning policy is involve a thoughtful scan just as important as a thorough acquisitions policy. If staff know why their collects what it collects, of the museum’s . they will have a better idea of why objects are chosen Distilling a collection should to be deaccessioned. Never fear: writing a deacces- sioning policy doesn’t require starting from scratch! lead to deaccessioning objects that no Collegial efforts have made the process of writing E these policies less intimidating. Not only have many longer—or in many cases never did— museums made their policies available through AAM, serve to further the museum’s mission. AASLH, and other professional groups, oftentimes While many museum professionals may staff from other museums are willing to share their know the definition of deaccessioning, it internal documents with colleagues, and will offer assistance when drafting new documents. (For exam- serves to restate it. Deaccessioning is the ple, the Shiloh Museum of the Ozarks has shared its “[formal] process of removing an acces- deaccessioning policy on AASLH’s website.)2 The critical part of the deaccessioning policy is, of sioned object or group of objects from the course, the procedure. A comprehensive procedure museum’s collections.” This process is an will help current and future staff work their way essential component of any strong collec- through the deaccessioning process, and will be useful in the event that a deaccession is challenged or ques- tions management policy.1 tioned. If staff can point to a thorough and board- approved procedure, they can show that due diligence was followed during the deaccessioning process.3

2 area museums. Whataretheircol in question.Think aboutother alternative homesfortheobjects deaccessions, startconsidering ofthesepotential more idealsolution. familiar withpropertylawisan even to doso,consultingwithalawyer these materials.Ifyoucanafford institutions onhowtobestapproach and conferwithcolleaguesatother your localabandonedpropertylaws ing project,becomefamiliarwith considering startingadeaccession undocumented objects.Ifyou’re when attemptingtocleartitle erty, whichwillprovehelpful the dispositionofmuseumprop statutes thatspecificallydealwith the museum.Luckily, moststatesintheU.S.have objects intheircollectionsimplyduetotheageof museum collectionshavethesepoorlydocumented and objectsfoundinthecollection.Manyhistoric involve researchingloanswithlittledocumentation, historical societies,thiscanoften cession. Foroldermuseumsand clear titletoeverypotentialdeac nize thisresearchforfutureuse. can comeinhandytohelporga tion. Aprovenanceresearchform when itfirstenteredyourcollec object wasinitiallydocumented depending onhowthoroughlythe the objectmayalsobenecessary, and anyfurtherresearchinto possible reasonsforaccession, into the collection. Donor history, mine whenobjectswereaccepted records orproceedingstodeter tant. Examineyouraccession acquisition isparticularlyimpor the lifeofobjectpriorto Provenance researchtodocument son performingallthreeroles). registrar, orcurator(oroneper be donebyacollectionsmanager, size ofyourinstitution,thismight researched. Dependingonthe object shouldbethoroughly objects tobedeaccessioned,each selected andsetasidecollections due diligence.Oncestaffhas museum canshowproofofthis should startwithensuringyour While you are researching the While youareresearchingthe Next, ensurethemuseumhas The deaccessioningprocedure ------Shop &KilnatOldSturbridgeVillage. Ceramic jugsmadeatthePottery AASLH and committees easier. approval fromtheboard these objects,andmakes for choosingtodeaccession followed properprocedure ensure thatyouhave Forms likethis go.aaslh.org/Deaccession. Central Floridaat the HistoricalSocietyof recommendation formfrom a sampledeaccession has posted hasposted sions in the public domain. Museums have an ethical sions inthepublicdomain.Museumshaveanethical shows anhonestattempttokeeppotentialdeacces not onlypromotescollegialitybetweenmuseums,but through theirobjectsandexhibits?Taking thisroute lections like?Whatarethestoriestheytrytotell

perspective could provideanalter collections manager, butanoutside of littleornovaluetoacurator or Often, anobjectmayappearto be for removalfromthecollection. opinion whenconsideringobjects and formthatyouworkon. ing anobject:everyemail,letter, everything relatingtodeaccession in thatregard,makesuretosave museums forfuturereference.And ing thetransferofobjectsbetween track ofallcorrespondenceregard utilize theobjectinquestion.Keep the resourcesandmissiontofully deaccession toamuseumthathas can beextendedtoapermanent hoard them.Thisideaofsharing responsibility toshareobjects,not Additionally, consultan outside 4 - - - -

Alli Rico

3 technical leaflet #278 Cleaning House: A Guide to Deaccessioning and Abandoned Property

native way of viewing an object within the context of of title before any forward progress can be made on a the museum’s mission. This outside opinion can come deaccessioning project. from colleagues at other institutions, and from the There are typically two types of abandoned prop- members of your collections committee. erty found within a museum’s collection: old loans Document the reasons an object might be deacces- (often called unclaimed loans) and objects “found in sioned, and list those in your deaccessioning policy. the collection” (FIC). These reasons seem to be standard across the field. Often, it is beyond the means of the museum to When deciding to deaccession from your collection, do research to find living heirs to old loans, as this the object could be: requires extensive time and financial investment. It is • outside the scope of your collecting policy or no important to thoroughly research how the museum longer relevant to your mission documented loans. Sometimes, older museum records • a duplicate of other objects will use the term “permanent loan,” which can often • unable to be properly pre- imply the object was given as a 6 served, in poor condition, gift to the museum. or causing a risk to the It’s important to note that collection Old loans are expired loans, old loans do not include undocumented objects or • lost, damaged, or beyond rea- or loans of unlimited duration objects found in the collec- sonable repair left unclaimed by lenders at the tion. After a thorough collec- museum. The term includes When noting your reasoning tion , undocumented on a deaccession form, elabo- unclaimed objects left at the objects can sometimes be rec- rate on each cause as it fits each museum under informal custody onciled and returned to their object. Is an object causing risk arrangements for study or original status (permanent col- to the collection because of a examination by museum staff. lection, loan, gift). However, potential insect infestation? Say objects labeled FIC are those so in your recommendation. that, after thorough research, The more specific and descrip- Found in collection the museum is still unable to tive you can be in your recom- are undocumented objects that determine the object’s original mendations to your collections remain without status after all status within the collection. committee and board, the bet- With FIC’s, though, the bur- ter your argument will be. attempts to reconcile them to existing records of permanent den of proof rests with the Once you have researched claimant, to provide evidence collection and loan objects are your potential deaccessions, that they are in fact the legal 5 each deaccession recommen- completed. owner of the object.7 dation needs to be approved. All museums deal with Typically, this approval first undocumented objects found comes from the collections in the collection, simply due committee, and then from the board. Create a deac- to the age of most U.S. museums and the relatively cessioning recommendation form for each object. It recent professionalization of the field. It is only the should include: past few decades that the museum field has begun • Object name and accession number using unified methods of documentation and train- • Donor information (if available) ing; as such, older objects suffer from a lack of proper • Reasons for deaccessioning cataloging and documentation.8 • Method of deaccession (donating to another The best way to rectify this situation (before museum, public auction, destruction, etc.) embarking on your deaccessioning project) is to do a complete collections inventory. This is time- and Abandoned Property staff-intensive, and often put off to complete other Abandoned property is endemic to the museum tasks; however, it is an important part of healthy col- field, and it is important to understand the abandoned lections management, and absolutely critical if you property laws in your state before embarking on a plan to work on deaccessioning. A complete inventory deaccessioning project. Many small state and local can seem daunting, but if you are short of staff and history museums have objects that have been in the time (as so many of us are), doing spot inventories collection seemingly forever, but nobody is quite sure can help you make slow progress toward a complete where these objects came from. It is the responsibil- collections inventory, and will allow you to still be ity of the registrar or collections manager (depending thoughtful about your collections. At the end of on the size of your institution) to reconcile all issues the inventory, when all FIC’s are documented, the museum will be in a better position to deaccession 4 Michigan Supreme Court discuss themall here.However, therearesimilarities Property Massachusetts Law onMuseum storage. and otheroddsendsthat end upaccumulatingin most oftenareabandonedoridlycollectedfurniture the objectsinquestionarerarelyofhighvalue,but legislation iscrucialforeffectivecollectionscare,as rcaam.org/resources/general-reference). Thistypeof Museums hasacompletelistingasof2013atwww. Registrars CommitteeoftheAmericanAlliance with thedispositionofmuseumproperty(the most statesnowhavestatutesthatspecificallydeal objects, andobjectsfoundinthecollection.Luckily, how todealwithunclaimedloans,undocumented looking toabandonedpropertylawsdetermine tices, museumprofessionalshavefoundthemselves ized, andmoreinstitutionsimprovecollectingprac likely thattheobjectsbelongtomuseum. ward toclaimtheobjectsinquestion,itismorethan museum—meaning, becausenobodyhascomefor these objectsduetotheir“undisturbednature”inthe Each statestatute willvary, soitisimpossible to As themuseumfieldbecomesmoreprofessional a livinghistorymuseumincentralMassachusetts. Henry andLance,tworesidentoxenatOldSturbridgeVillage, 10

9 - - - object, and include that record in the object file. Some object, andinclude thatrecordintheobject file. Some gency conservation methodsusedonanunclaimed it’s agoodideatomake arecordofanyandallemer to checkyourlocalstatutefor specifics,butoverall, tion withregardtoabandoned property. You’ll want notifications. can increasethevisibilityof abandonedproperty a listofabandonedpropertyontheWeb. Doingthis Some museums,liketheWorcester ArtMuseum,post public noticemustbepublishedinalocalnewspaper. (usually becausetheaddressisnolongervalid),a via CertifiedMail.Itshouldincludethefollowing: Massachusetts. Anoticetothelendershouldbesent apply whereyouare. any deaccessioningprojectastheseexamplesmaynot own stateandlocalstatutesbeforemovingforwardon that aresharedamongthestatutes.Researchyour Many statuteswillalsodiscuss emergencyconserva If themuseumcannotgetintouchwithlender 3.  2.  1. Adescriptionoftheobject(s)inquestion Here isanexampleofhowthisworksspecificallyin object. at themuseum How to contact the museum regarding the How tocontactthemuseumregarding The dateorapproximatetheobjectarrived - -

Alli Rico

5 technical leaflet #278 Cleaning House: A Guide to Deaccessioning and Abandoned Property

statutes, like the Massachusetts statute (MA General Massachusetts statute. This requires research into Laws, Part II, title II, chapter 200B), include disposal the museum’s object files and documentation, but if of the object as a measure of emergency conservation, you’re planning on deaccessioning objects, you’ll be but this is only if the object poses a health risk to staff, doing this research already. If your museum has an the collection, or the general public. If this situation object inventory slip, photographs, object records, or arises, follow normal deaccessioning procedures, mak- entries in the museum’s ledgers or proceedings, with ing record of the object’s rapidly deteriorating state a date of the object entering the museum’s possession, and imposed health and safety hazards.11 the museum can take title to the object one day after Of course, sometimes your abandoned property the seven-year mark. is a loan that was left in your museum. In this case, Hopefully, there have been inventories done of there’s a better chance the museum will have a record your collection since objects were first collected. of the loan, hopefully with the contact information These inventories will serve as further proof of your of the lender. You would object’s undisturbed nature send a Certified Mail letter within the collection. Many with the same information Deaccessioning is the “[formal] statutes focusing on aban- as previously mentioned. doned property in museums This method confirms process of removing an accessioned will contain a section dis- delivery. Why is this object or group of objects from the cussing legal action brought important? If the letter is museum’s collections.” This process is against museums by claim- successfully delivered and ants to property within a the lender does not claim an essential component of any strong museum. In Massachusetts, his or her property after a policy. action cannot be brought certain amount of time (in against the museum more Massachusetts, the limit is than two years after the one year), the museum will date the museum provided acquire title to the object. Keep copies of all corre- notice to the lender. In other states, the length of spondence, including the letter and return receipt, as time may be different. Seek out legal counsel if such proof of due diligence. an action is brought against your museum. This is It is possible that your local statute has a section why it’s important to document every step of your discussing poorly documented property held at a deaccessioning project. museum. Section five of the Massachusetts law reads: Keeping lenders aware of the law in your state “Property in the possession of a museum for which is the responsibility of the museum. Some statutes the museum does not know, and has no reasonable require it, but even if it is not required, it is wise to means of determining, the identity of the lender or provide lenders with a copy of your local statute at claimant shall become the property of the museum the time a loan agreement is made, so all parties are if no person has claimed the property within 7 years clear on the responsibilities of the museum and the after the museum can document the museum’s posses- lender. Make sure your museum holds onto loan sion of the property. The museum shall become the agreements in perpetuity. A lack of loan agreements is owner of the property free from all claims on the day what places most museums in the position of dealing after the 7–year period ends. This section shall not with unclaimed and undocumented property. Now apply to stolen or confiscated property.”12 that record-keeping and databases are used through- You might find that many of the objects in your out the field and employees are better trained, keep- collection (especially if you work at an older museum) ing loan agreements should mitigate most property have the donor’s name listed in the accession records, issues in the future. along with a relative date of donation. This is good The problem of abandoned property in museums information to have, because it establishes (at least in is universal; the size and scope of the problem varies Massachusetts) the concept of “reasonable means.” by institution. Registrars and collections managers Trying to find the descendants of each donor for need to be acutely aware of their current unclaimed objects originally donated in the nineteenth or early loans, and ensure that new objects coming to the twentieth century would be time-consuming, and museum do not suffer the same fate. It is important more than likely require assistance from a gene- that museum employees acknowledge the state of alogist. Engaging in this kind of research goes far abandoned property within their collections, and set beyond the concept of “reasonable means” and can be up a plan for diligently working towards remedying cost-prohibitive. the status of these objects. Deaccessioning, and the Having a relative date of donation recorded in methodical process required to do it correctly, forces accession logs or society proceedings is extremely museum employees to thoughtfully consider the helpful in regards to the “seven-year rule” in the relevance and usefulness of every object in their col-

6 moving forward with a deaccession project. moving forward withadeaccessionproject. by RebeccaS.Buck andJeanAllmanGilmore, before Malaro, and Primer onManagingMuseum Collections, should notbetakenaslegaladvice oropinion. analysis ofthelawfromanon-legal perspective,and other abandonedpropertyissues. Thisisanacademic if seekingassistanceonadeaccessioningprojector in nowayreplaceobtaininglegaladviceorcounsel why youchoosetodeaccessionselectobjects. greater senseofwhyyoucollectwhatcollect,and dure, youwillsetyourmuseumandstaffuptohavea creating athoroughdeaccessioningplanandproce of objectscollectedbythemuseum’s founders.By not anobjectiverecord,butabiasedaccumulation sider deaccessioningthem. questions forcertainobjects,youmightneedtocon rest ofthecollection?Ifyoustruggletoanswerthese strengths ofeachobjectwithinthecontext story? Howcanitbebestinterpreted?Whatarethe lection. Howdoeseachobjecthelptellthemuseum’s I stronglyrecommendyouconsult both Author’s Note/Disclaimer: It’s importanttokeepinmindthatmuseumsare MRM 5: Museum Registration Methods, MRM 5:MuseumRegistration Methods, This leaflet should This leafletshould by Marie by Marie A Legal A Legal 13 - - Gilmore JeanA.andRebecca Buck, eds., Davies, MauriceandHelenWilkinson. American AssociationforStateandLocalHistory. American AllianceofMuseums.“CollectionsStewardship.” Additional References Shiloh MuseumofOzarkHistory, Sample Registrars Committee,AmericanAllianceofMuseums Historical SocietyofCentralFlorida,Sample Resources DC: AmericanAssociation ofMuseums,2010. Museum Registration Methods, Museums Association,2008. Museums: Your Chance toMakeaDifference American AssociationforStateand LocalHistory, 2012. Organizations Program forHistory “Stewardship ofCollections.” Museum Standards andBestPractices sample-deaccession-policy. Deaccessioning Policy:http://resource.aaslh.org/view/ resources/general-reference. Abandoned PropertyLawsbyState org/view/sample-deaccession-recommendation-form. Deaccessioning Recommendationform:resource.aaslh. Museum, partofLowellNationalHistoricPark. The Weave RoomattheBoottCottonMills

5th edition.Washington, Standards andExcellence : www.rcaam.org/ . Nashville, TN: . Nashville,TN: . Washington, DC. Sustainability and Sustainability and . London: . London: MRM5: MRM5:

Alli Rico

7 technical leaflet #278 Cleaning House: A Guide to Deaccessioning and Abandoned Property

Mirrors line the hall of the historic Rico Alli Willard Street Inn in Burlington, VT.

Malaro, Marie. “Controlled Collecting: Drafting a 1 Elizabeth E. Merritt, National Standards and Best Practices for U.S. Collections Management Policy,” in Museum Governance: Museums (Washington, DC: American Association of Museums, 2008), Mission, Ethics, Policy. Washington, D.C.: Smithsonian 88. Institution, 1994. 2 Stephen Weil, “Deaccessioning Practices in American Museums” in Rethinking the Museum (Washington, DC: Smithsonian Institution, _____. “Deaccessioning—The American Perspective,” in A 1990), 109. See the sample policy at resource.aaslh.org/view/ Deaccessioning Reader. ed., Stephen E. Weil. Washington, sample-deaccession-policy/. DC: American Association of Museums, 1997. 3 Marie C. Malaro, A Legal Primer on Managing Museum Collections, 2nd ed. (Washington, DC: Smithsonian Institution, 1998), 225. _____. A Legal Primer on Managing Museum Collections, 3rd 4 Personal interview, Nathaniel Sheidley, Ph.D., March 7, 2016. edition. Washington, DC: Smithsonian , 2012. 5 Jean A. Gilmore and Rebecca A. Buck, eds., MRM5: Museum Merritt, Elizabeth E. National Standards and Best Practices for Registration Methods, 5th edition (Washington, DC: American Association U.S. Museums. Washington, DC: American Association of of Museums, 2010), 483, 485. 6 Museums, 2008. Ildiko Pogany DeAngelis, “Old Loans,” in MRM5: Museum Registration Methods, 89. Weil, Stephen E. “Deaccessioning Practices in American 7 Rebecca Buck, “Found-In-Collection,” in MRM5: Museum Museums,” in Rethinking the Museum. Washington, DC: Registration Methods, 109. Smithsonian Institution, 1990. 8 Malaro, A Legal Primer on Managing Museum Collections, 356. 9 Rebecca Buck, “Found-In-Collection,” in _____, ed. A Deaccessioning Reader. Washington, DC: MRM5: Museum Registration Methods, 114. American Association of Museums, 1997. 10 Registrars Committee of the American Alliance of Museums, “Legislation Related to Museum Property/Disposal of Museum Alli Rico is an independent museum profes- Property/Abandoned Property” (Washington, DC: American Alliance of Museums, July 2013). sional interested in deaccessioning and working 11 Mass. Gen. Laws ch. 200B, §18 (2010). with smaller history museums, including the 12 Ibid. Cambridge Historical Society and the Bostonian 13 Maurice Davies and Helen Wilkinson, Sustainability and Museums: Society. You can find Alli on Twitter @alli_rico, on LinkedIn, Your Chance to Make a Difference (London: Museums Association, 2008), 4. and by email [email protected]. This leaflet is an edited excerpt from her 2016 master’s capstone, which can be emailed upon request.

© 2017 by the American Association for State and Local History. Technical Leaflet #278, “Cleaning House: A Guide to Deaccessioning and Abandoned Property,” included in History News, volume 72, number 2, Spring 2017. Technical Leaflets are issued by the American Association for State and Local History to provide the historical agency and museum field with detailed, up-to-date technical information. Technical Leaflets and Technical Reports are available through History News magazine to AASLH members or to any interested person. Membership information or additional Technical Leaflets may be acquired by contacting the American Association for State and Local History, 2021 21st Ave. S., Suite 320, Nashville, TN 37212, 615-320-3203; fax 615-327-9013; www.aaslh.org. 8