In addition, consultants should not be
expected to work from your facility unless their contract is long-term (like
more than a year) and there is a demonstrated need for them to be on your
premises to work closely with your staff on a daily basis; in that case, you
need to review the laws on independent contractors, work-for-hire statutes (if
they are doing something for you like create forms, or maybe write curatorial
statements or other copyrightable things), etc. to make sure what you are
providing them with and how you interact with them maintains their independent
contractor status. For example—if you tell them they have to be
there from 9 to 5 daily, give them all the equipment they need, require them to
store their work product in files and on servers controlled by you and direct
their daily work just like you do with the rest of your staff, they may not be
able to be called independent contractors and you might be required to pay
payroll taxes and provide benefits. However, providing them with a workspace
with desk and phone (and possibly a computer terminal, but this is disputed)
and some pens/paper for them to use if they are working in your museum for the
day or week is generally OK. Safe is pointing them to a spare desk and
phone and requiring them to bring everything they need if they want to use it
(but the consultant will bill you for the supplies if they are purchased and
used exclusively for your contract).
As architects we sometimes do long-term big
projects where we are called to relocate assigned creatives out of our home
base because the client has set up a project office and they want all their
design consultants in one place to interact on a daily basis; the client may
provide all the necessary equipment like computers and plotters, however, they
are hands-off with directing the daily work and the consultants can proceed
with their services as they see fit. This does not violate the
independent-contractor status of our professionals.
Julia Muney Moore
Public Art Administrator
Blackburn Architects,
(317) 875-5500 x219
From:
Sent: Monday, January 14, 2008
1:18 PM
To: [log in to unmask]
Subject: Re: [MUSEUM-L]
Consultants
John,
I have both used consultants in the areas you specify and been such. The pay
varies, but a good rule of thumb is at least 50% over similar cost for a
full-time employee in your area. I charge a minimum of $50 per hour, depending
on the job, if I like the institution, support the mission, etc. Remember, the
consultants pay their own taxes and business expenses and not all of them are
employed without interruption. On the other hand, you are saving on vacation
costs, medical, etc. Experience with consultants varies (as it does with
employees and employers). One article I read said that if at the end of the
consulting period you are not in court, all went well. I think that is too
cynical a statement but it does underline the reality that a good and clear
contract is mandatory. Another rule of thumb: if consultant asks for percentage
of income generated, run away from that. Pay only per diem or event. Percentage
arrangements are against ethical norms of professional fundraisers, and can
involve in- kind donations, and then you are stuck paying cash money for goods
you may not want. Example, I once got a donation of two semi's of envelopes
from a paper company. If a consultant had generated that donation and was on a
percentage basis I would have had to pay cash for $100,000 worth of envelopes.
As it was, we had envelopes for the next five years, gave a bunch to every
other non-profit in town, sold some to various businesses, and donated the rest
to a municipality that needed paper recycling volume. Caveat emptor, but it is
a good way to get quick and often excellent help for a modest investment.
Peace, Nick
-----Original Message-----
From: John Martinson
<[log in to unmask]>Sent: Jan 14, 2008 9:04 AM
To: [log in to unmask]
Subject: [MUSEUM-L] Consultants
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