I would suggest that you take a close look at IRS regulations relating to
501(c)(3) organizations.  Yours might be so closely held by the for profit
organization that you are in violation of the tax exempt provisions of the
Code.  If so, a presentation of the facts to the for-profit board might
shake them up enough to get their cooperation.


------
Robert Handy
Brazoria County Historical Museum
100 East Cedar
Angleton, Texas  77515
(409) 864-1208
museum_bob
[log in to unmask]
http://www.bchm.org

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From:   John Gavin, Old West Museum[SMTP:[log in to unmask]]
Sent:   Wednesday, February 10, 1999 2:47 PM
To:     [log in to unmask]
Subject:        (no subject)

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.