Sabine, the issue of "conflict of interest" is always an interesting one, in
that often it is the case that those not familiar with the legalistic
aspects of this phrase may not be aware that the word "appearance" as a
vital additive to the fundamental issue.  It is as important to deal with
the concept of the "appearance of a conflict of interest" as it is the
concept of the conflict itself.

In the case at hand, while the issue of whether or not a conflict exists,
given the lack of interest, or the perceived lack of interest (since the
lack appears not to be documented), is certainly one open to debate, it
appears that the "perception" or "appearance" of a conflict does exist.

Rather than continue to wax legalistically, perhaps one could say that there
is little doubt that, to the common man, or to twelve of one's peers, there
exists a real perception that this might well be a conflict of interest by a
staff person whose work for his employer would normally include such an
assignment, and whose work would thereby be owned by his employer.

Possibly with too many words, the bottom line is that since there is an
appearance of a conflict, one needs the institution, should it desire, to
prepare a letter of release allowing you to pursue this interest on your own
time, with rights of ownership detailed in the letter.  You may consider, if
you think it desirable in order to gain the day and not have your proposal
rejected, to share ownership of any workproduct and any resultant earnings
with the institution in a fair and equitable manner (based on whatever
precedent you may discover for similar situations).

Don't ignore any gut feelings about this.  If you are not new to the
profession, your gut is well trained and is giving you good advice.   Best
of luck, and please let me/us know of the outcome of your discussions.
/ken

Kenneth B. Brown
CFO               UJC
 212.284.6700
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----- Original Message -----
From: <[log in to unmask]>
To: <[log in to unmask]>
Sent: Saturday, November 24, 2001 5:36 PM
Subject: Museum Ethics Question


> Dear List Members,
>
> I am facing an ethical problem that I would like to consult list members
> about.
>
> Our museum collection owns a large number of photographs, taken in 1887.
> These photographs and the purpose they were used for illustrate an
important
> point in California history.
>
> I have wanted to create an exhibit plus publication around this collection
> for years. Sadly, I don't see it happen on my curatorial watch, after all,
> and am considering to at least write about the topic in my spare time.
>
> Normally, I write publications as staff, with copy right and proceeds
going
> to the museum. If this project is created outside the museum though, and
> especially if I also do the legwork in getting it published, I would
expect
> to retain the copyright and whatever proceeds there are.
>
> I am worried though that there is a conflict of interest. All research up
> until now has been conducted by me as a museum staff member. While any
future
> private research would in return benefit the museum, as would publishing a
> book on a topic within the collection (without cost to the institution), I
> still feel that this is a sticky situation.
>
> The museum policy does not cover this case. Obviously, it needs to be
> discussed and negotiated with the director. At this time, I would like to
> know how other museums/staff members have handled a similar situation? I'd
> appreciate your insight.
>
> Sabine Goerke-Shrode
> Curator, Vacaville Museum
>
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