Christine,
A couple of years ago, I had a similar incident and consulted the NC
Attorney General's Office. The attorney advised me that the donor signed a
legally binding agreement and therefore was not entitled to get her
painting back.
As for the exchange business, refuse that as well. You would need
to follow your procedures for deaccessioning, and I am assuming that
when an item is deaccessioned, you either transfer it to another public
institution or sell it at public auction.
That being said, I also understand being part of a government agency and
that sometimes we are overruled. If that happens, write a memo to the file
stating your reasons for the objecting to this transaction.
Martha Battle Jackson
Registrar
North Carolina Historic Sites
4620
Mail Service Center
Raleigh, NC 27699-4620
(919) 733-7862, ext. 232;
Fax: (919) 733-9515
[log in to unmask] ----- Original Message -----
Sent: Wednesday, June 20, 2001 3:04 PM
Subject: "I want it back" -- what to do?
> Hello All,
>
> Your advice is sought. An
individual donated an object to us in 1990 and
> signed a "Deed of Gift"
form. The form had all the usual language about
> transfer of
ownership, the museum's right to display (or not) the object at
> its
discretion, to deaccession the object, etc. Also included in the
>
conditions was a 90 day period in which the donor could change his mind
and
> reclaim his donation.
>
> The individual visited the
museum recently, and inquired about his donation.
> The donor was informed
that the object was currently in storage, as we
> haven't the space to
display everything. The donor was upset and stated
> that he wants
his piece back unless we agree to put it on display --
> something I will
not do for obvious reasons.
>
> I feel that the contract should
stand -- we have not violated any conditions
> (which were clearly stated)
and the piece is being cared for. However, I
> fear that the
individual will try to go over my head by approaching local
> officials
regarding his request (we are a county department). To further
>
muddy the issue, the individual has offered to make a donation in
exchange
> for the piece -- which makes me very nervous.
>
>
I feel that the only solution is to refuse, but that decision may be
taken
> away from me if these officials get involved. Any
suggestions?
>
> Christine M. Dwyer
> Stanly County Museum
& Historic Preservation Commission
> 245 East Main Street, Albemarle,
NC 28001 USA
> Tel: 704/
986-3777 Fax: 704/
986-3778
>
>
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