Dear Margaret,

First, that particular "stipulation" presumes that the only possible means
of disposal for an object would be its sale.  How about exchange, transfer,
witnessed destruction, etc.?

Second, as our colleagues have already pointed out, AAM's Ethics (for
example), state, "Proceeds from the sale of nonliving collections are to be
used consistent with the established standards of the museum's discipline,
but in no event shall they be used for anything other than acquisition or
direct care of collections."

By and large, accepting donor restrictions is a usually bad idea.  As
Clarisse Carnell and Rebecca Buck wrote in New Museum Registration
Methods, "Requests to exhibit permanently or to keep a collection together
are the most common restrictions requested by donors.  Neither is
practical, and this type of request should be discouraged."  Regardless,
any potential restriction must be carefully considered and documented.

**  Personally, I think that is is perfectly reasonable for a donor to
require notification in the event of a potential deaccession and perhaps
even the right of first refusal and the ability to reacquire the material.
**

The situation you've posed, however, could have extremely serious legal
(and tax) ramifications.  Why don't you offer them the right of first
refusal to reacquire the items should your institution ever deem it
necessary to deaccession them?  If they don't agree to that then they are
clearly interested only in the proceeds and funding and not in the long-
term care, preservation or disposition of the items (or in the care or
growth of your collections or programs).  If that is the case, why don't
they just attempt to sell them now?

The point is, unless they negotiate something to the contrary that both
parties can agree upon, they will be transferring full legal title to the
items to your institution.  And remember, "long-term" or "indefinite" loans
are an even worse idea (in fact, there should be no such thing but we all
know that they still exist out there).

Jeremy T. Chrabascz, Indiana State Museum & Historic Sites

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