While one never wants to recommend restricted gifts.......

If the group's main concern is the disposition of the collection if it were
to be deaccessioned you can make a provision that *if* the collection items
are to be deaccessioned (taking for granted that this is a carefully
considered decision) they will be offered to the governing board first,
before any other arrnagements (such as donation to a more appropriate
non-profit) are considered.

This is stick territory - be sure to be very clear about to whom the offer
is made as well what the plan is if, for example, the orgainzation no
longer exists at the time of deaccessioning - you do not want to get heirs
involved. There may also be tax issues if ownership reverts within a
certain time.

M.M. Carr
[log in to unmask]

At 03:35 PM 2/10/99 EST, you wrote:
>I am the curator of collections in a museum that has been in existence since
>1978. It is the 501(c) 3 offshoot of a for-profit organization that retains
>very close ties, political and otherwise (a 100 year old organization run by
>volunteers; governance changes every three years, although the same people
>seem to circulate through the system). In fact, the museum houses both the
>museum, museum offices and the for-profit organization's offices. Although
the
>operations are physically separated within the building, both entities have
>ownership of different portions. Some exhibits and storage are located in the
>for-profit organization's portion.
>
>Since 1978, archival objects and some three-dimensional objects have been
>given to the museum without the legal transfer of ownership (Donor Form)
being
>generated. Recently, I attempted to have a blanket Donor Form signed by the
>current for-profit organization's board. The board refused to sign the Donor
>Form although they would have retained copyright and trademark rights on all
>items.
>
>It seems to be a control issue. One of their concerns is that the museum
would
>toss things out! Of course, deaccessioning procedures were explained to them,
>but explaining museum strategy is like talking to the wall.  They couldn't
>care less about proper museum procedures. They have been doing things their
>way for 100 years! Their response was "well, we'll just put the items on loan
>to the museum!" (@ 5000 objects, 1/3 of the collection). Their point of view
>is that they give the museum a lot of money (they don't give nearly as
much as
>they think) so the museum should be willing to "store" the items.
>
>The director and I are very concerned about this situation, especially since
>we will be going through accreditation process in two years.
>
>Any opinions or suggestions on this problem will be greatly appreciated.
>