On 8/2/06, Julie Holcomb <[log in to unmask]> wrote:

Hello Ms. Holcomb,

I can appreciate your colleague's concern and they have every right (if
not obligation) to be concerned.  There are real and serious
consequences to what by all indication appears to be a violation of
fiduciary responsibility on the part of the board member.  To begin with
I strongly suggest your colleague review Marie Malero's seminal A Legal
Primer on Managing Museum Collections (Second Edition, 1998).  Start
with pgs. 10-15 of Chapter 1 entitled "What is Required of (a museum's)
Board Members".  The cases brought against board members of other
institutions that she describes sound eerily like something that might
well occur in your colleague's institution.  I appreciate that as a new
director, your colleague may not (yet) be in a position to effectively
persuade the board member that the current operating procedure is not
good.  Maybe the threat of lawsuit or criminal prosecution will (see
Malero).  At any rate, it would probably be prudent to consult legal
authority.  Their advice may carry the needed persuasion.  Does the
museum have a lawyer?  Is it a fellow Board member?  (This may or may
not present problems.)  Certainly the Board president or Chairperson
must be apprised of the situation and kept in the loop.  There are
undoubtedly thousands of web based resources as well.  Try the Center
for Non-Profit Management.  Also, look at museum board
management/education/responsibilities information.  Finally, when this
problem is all solved (and it will be!)  make board education and a
board policy/handbook your next goal.  Good luck and I wish you all the
best. 

Sarah Sessions
____________________________________________
Sarah Sessions
National Museum of the USAF
(937) 255.5174 x376
[log in to unmask]



I am posting this question for a colleague who is not on the list.  My
colleague is the new director of a museum which will be established by a
private non-profit foundation.  The foundation's checking account was
opened by and continues to be controlled by a member of the board who
donated the "seed money" for the foundation.  The foundation's taxes are
handled by the board member's wife and audits are completed by the board
member's daughter.  Even though the foundation has now hired an
executive director, the board member is reluctant to relinquish control
of the finances.  Currently all invoices, etc. are submitted to the
board member who cuts the checks.  The board member is interested in
seeking AAM accreditation at the appropriate time, but does not see any
need to change current financial procedures until it is time to seek
that accreditation.  My colleague has searched the AAM web site without
finding what he needs to convince the board member to relinquish sole
control of the checkbook.  Suggestions?  Resources?  Policy statements?
Please send your responses to me and I'll forward them to my colleague.
Thanks in advance.

Julie

Julie Holcomb, MLIS, CA
Director of the Pearce Collections Museum/Navarro College Archivist
Pearce Collections at Navarro College
3100 W. Collin St.
Corsicana, Texas 75110
Phone: (903) 875-7438 ~ Fax: (903) 875-7593
E-mail: [log in to unmask]
Internet: http://www.pearcecollections.us


=========================================================
Important Subscriber Information:

The Museum-L FAQ file is located at http://www.finalchapter.com/museum-l-faq/ . You may obtain detailed information about the listserv commands by sending a one line e-mail message to [log in to unmask] . The body of the message should read "help" (without the quotes).

If you decide to leave Museum-L, please send a one line e-mail message to [log in to unmask] . The body of the message should read "Signoff Museum-L" (without the quotes).