Potential or perceived conflict of interest re loaned object

Jun,

Perhaps a solution to the perceived conflict is to kindly decline the "finders fee", and suggest to the auction house that, as a non-profit, you always welcome contributions. That way, there is no risk of an ethical violation over a business transaction, whether real or perceived.

Marc

American Conservation Consortium, Ltd.
     4 Rockville Road
     Broad Brook, CT 06016
     www.conservator.com
     860-386-6058

*Collections Preservation Consultation
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Marc A. Williams, President
     MS in Art Conservation, Winterthur Museum Program
     Former Chief Wooden Object Conservator, Smithsonian Institution
     Fellow, American Institute for Conservation (AIC)

----- Original Message -----

From: [log in to unmask] href="mailto:[log in to unmask]">Jun Francisco

To: [log in to unmask] href="mailto:[log in to unmask]">[log in to unmask]

Sent: Thursday, November 16, 2006 5:20 PM

Subject: [MUSEUM-L] Potential or perceived conflict of interest re loaned object

Dear All,

I hope some of you would comment on this question that we are currently mulling over in our institution.

Several years ago, an individual loaned to us a musical instrument of historical importance, and could potentially acquire a substantial bid in the open market. After the conclusion of the loan agreement, the owners asked for the return of the artifact and told us of their desire to sell the object. They asked for suggestions on the best way to do that. Our curators suggested several of the major auction houses. Later, we received a call from the auction house informing us that we are entitled for a “finder’s fee” after the auction since the owner told them that it was us who suggested their company. We are more than happy to receive such fee, but our Board wants to make sure that before doing so, we are certain that we are not violating any ethical code and that any real or perceived conflict of interests issues have been investigated. As we talk about it among the staff, we feel that this one occurrence may not present a problem, but a succession of such situation (which is highly possible due to the large number of loaned items in our museum and the ever-increasing value of rock memorabilia in the market), may create a perceived conflict of interest. Even worse, it might actually become a real conflict of interest if we are not careful as some in the staff have already commented that it could be a good source of revenue. A policy statement is probably in order, but such statement may actually become the source of the negative perception as it could be interpreted as a signal for us to become active middle-man between owners and auction houses.

I’m just wondering if any of you have encountered such issue and how you have resolved it?

Any comment would be greatly appreciated.

Jun Francisco
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