To:  Terry Vidal  Re:  Donations through Foundations
From:  Prof. Linda Ellis, Director-Museum Studies Program,
San Francisco State University
 
These are just a few observations on your predicament regarding the
acceptance of donation objects through your Foundation.  First, try to
get out of the "loan" procedure.  Not only are they creating another
layer of bureaucracy, but you will never get the level of security or
control that you need:  what if you need to do conservation work?  You
will have to ask the Foundation's permission every time!  What if YOU
want to loan these materials for exhibitions off campus?  No loan
agreement that I've seen will allow you to make loans to other
institutions.  Basically, you are in a "no win" situation with this loan
procedure--you hold no title and you have no rights as an owner.  Of
course, you can always write a loan form with creative wording that
allows you more privileges with the material--but I think your best m.o.
is to try to get clear title.
 
Now, to get clear title in your situation
means that you or your museum administration is going to have to use some
political savvy.  Depending on the characters involved, you might want to
set up a meeting with your university president/chancellor, your
university attorney(s), your museum director, and the foundation
director.  The agenda should focus on the donation of items directly to
the museum and the creation of a "deed of gift" which specifically names
the museum as the recipient.  You need to make it clear to your
university and foundation administration that accepting cultural property
is really the domain of the museum and in the best interests of the
university--not for "turf" issues (you need to make that crystal clear)
but simply because there are many legal issues involved regarding the
transfer of cultural property WHICH THE FOUNDATION OR ITS STAFF CANNOT
DEAL WITH.  (In other words, scare them into thinking that the legal
responsibility is too great for them, but easier for you to deal
with--only you know the characters involved and whether or not this
psychological trick would work.)
 
For instance, let's say you have the
potential of getting this wonderful gift of a Plains Native American
collection--does the Foundation understand NAGPRA and the legal work
involved after accepting such a gift?  If this collection, for instance,
was accepted by the Foundation, they could literally have a nightmare on
their hands.  First, they probably know nothing about NAGPRA and after
accepting the gift, fail to notify Native groups, and as time progresses
the Dept. of the Interior would impose a fine on the university.
Secondly, you have this collection on loan from the Foundation--you have
no legal right to repatriate this hypothetical collection because you do
not hold title, yet you know you have to repatriate; you tell the
Foundation that they have to do the repatriation as the legal owners of
the collection and they delay because they have no idea what to do or how
to do it, never mind that they do not have qualified staff.  Thirdly, the
bad publicity alone could be a nightmare and could also scare away any
and all potential donors.  So, you see, whether or not this hypothetical
example has relevance to your museum, the loan issue needs to be
eradicated as soon as possible.
 
I would certainly try to set up the above-described meeting in order to
get the ownership issue settled.  I suspect that your Foundation is
accepting the gifts in order to demonstrate to the university that the
Foundation is doing a wonderful job by getting all these exceptional
gifts, etc. etc.  If that's the case, then you need to proceed with some
political knowhow.  You would need to state that you appreciate
everything that the Foundation does on behalf of the university and that
the Foundation should be involved in the process and indeed "take credit"
for the donation, but that TITLE should vest in the museum (if only to
ease the workload of the Foundation should problems arise with the
donated property).  Anyway, I've made this message too long but I hope it
helps somewhat.  All the best...  Linda Ellis  PS:  Let me know what happens!
 
 
 
On Mon, 16 May 1994, Terry Vidal wrote:
 
> Dear University Museum Colleagues:
>
> Here at the University of Northern Iowa Museum we have a concern about
> donations of objects that go through the University Foundation
> instead of through our own front door.  These donations are considered to be
> loans from the Foundation to the Museum.  What type of safeguards and
> regulations can be attached to object "loans" that will ensure museum control
> over them?
>
> Could our colleagues post their feelings, policies, anecdotes, concerns about
> their experiences with respect to this subject.
>
> TIA
> Terry Vidal
> [log in to unmask]
>