Grant- The donor knew that there was a possibility that the item might be
sold (he signed documentation that said that it "may be sold to benefit the
museum"), he was just disappointed that it brought so little (as was
everyone) and regretted authorizing that use after the fact.  I don't blame
him for regretting it, and I don't argue that the whole situation was
handled poorly, but the donor *did* agree to that as an appropriate use for
the object from the beginning.

As to the reserve, I don't know why there was no reserve.  I wasn't here,
but it seems to me that the book did not have much monetary value, so
establishing a reserve would have been tricky.  It seems that the director
was counting on the book's historical significance to our community to drive
up the price.  The book would not have sold for even $20 outside our area.

On Thu, Jun 30, 2011 at 11:00 AM, Grant Gerlich <[log in to unmask]>wrote:

> Casandra,
>
> This is different than the scenario you presented. Yes that is a PR
> nightmare and unethical. Items donated to a museum should be accessioned
> into collection to be held in the public trust for future generations,
> educational purposes etc. etc.  To accept items for donation that you do not
> intend to keep and plan to sell, although a deed of gift gives the museum
> the option, is dis-ingenious at best.  I can see why the donor would be
> upset.  Transparency is the issue here. Donors need to know what your policy
> is.  Selling an item is the last resort and if you do, proceeds need to go
> back directly into the collection to purchase a better item for the
> collection or materials that will protect the collection; acid free boxes,
> shelving etc.
> In the process of Deaccessioning (disposing of an item that you no longer
> need or can care for), the donor or their family should be contacted first
> to see if they want the item back.  If not, it should be either traded or
> gifted to a like institution. In reality, most items that a small museum
> would de-accession do not have alot of monetary value. The few dollars
> that you would receive from the sale the item is not worth the negative PR.
> Selling an item from a collection should be approached very carefully.
>
> Take care,
>
> Grant Gerlich, CA
> Mercy Heritage Center
>
>
>  On Thu, Jun 30, 2011 at 11:22 AM, Cass Karl <[log in to unmask]>wrote:
>
>>  More information, for those who wanted it...
>>
>> For the record, the event has already occurred (the object was sold)- so
>> the point is now moot, but we are revisiting the scenario because we are
>> doing another similar auction and the situation (or something similar) may
>> occurr.  It was handled poorly in the first place (legal and ethical issues
>> aside) and created a PR nightmare, and I want to develop a policy/procedure
>> for this type of situation before it happens again.
>>
>> The situation was that a first edition book (c. 1930) by a local author
>> was donated to the museum unconditionally (meaning, according to the
>> donation form, that we could either keep it or sell it to benefit the
>> museum).  The decision was made by the then director that the book should be
>> put into the silent auction at the annual fundraiser.  This was
>> controversial because we do not have an original or autographed copy of that
>> book in the collection, and the collections staff argued that it should be
>> considered for the collection first.  The Board supported the director under
>> the assumption that the book would bring a lot of revenue, which we
>> desperately needed at the time.  *However* the book ended up selling for
>> about $20 (less than the edition that we sell in our store), which horked
>> off everyone involved, including the donor (who was present at the
>> auction).  There was talk of the donor trying to withdraw the donation, or
>> trying to pull the item from the auction, which just made matters worse.  In
>> the end, the book was handed over to the winner of the auction and we don't
>> know what happened to it.
>>
>> It is my belief that the item *should* have been considered first for the
>> collection, even though there was no legal or ethical responsibility to do
>> so.  I think that would have been the right thing to do.  I am wondering
>> whether (before we have another auction) we should write into our
>> collections policy (and include on our donation forms) that all donated
>> objects should/will be considered for the collection first, unless the donor
>> specifically states another use.  Some of the board/ staff members agree
>> with this, others do not want the use of unconditional gifts restricted in
>> any way (they see the problem more as a matter of what the book sold for
>> than the procedure that led to the sale).
>> Does that change anyone's opinion?
>>   On Thu, Jun 30, 2011 at 9:49 AM, Joel Williams <[log in to unmask]
>> > wrote:
>>
>>> If the person donating the object is doing it explicity for the raising
>>> of funds, I don't see what right the museum has in keeping it. Offer to buy
>>> it, sure, but I'd argue it'd be unethical to do something other than what
>>> the donor intended.
>>>
>>>
>>> On Thu, Jun 30, 2011 at 10:43 AM, Carol Ely <[log in to unmask]> wrote:
>>>
>>>>  I don’t have a source to cite, but here at Locust Grove we run an
>>>> annual used book sale which has accepted donations of some quite valuable
>>>> books. A professional book appraiser donates his services to us. When we see
>>>> a book that is appropriate for in-house use, we move it either to the
>>>> library, in the case of a book that is useful for reference, or offer it to
>>>> the Acquisitions/Collections Committee for consideration, if it is suitable
>>>> for display (a book that is old enough and of a subject matter that it could
>>>> conceivably once been in the possession of household members). ****
>>>>
>>>> ** **
>>>>
>>>> I don’t know about illegal or unethical, but it’s not a good idea to
>>>> turn down a free mission-related addition to your collection for simple
>>>> revenue. Although I suppose that’s the position that many museums are in
>>>> now, fortunately we are not in that position.****
>>>>
>>>> ** **
>>>>
>>>> Carol Ely****
>>>>
>>>> Historic Locust Grove****
>>>>
>>>> Louisville****
>>>>
>>>> ** **
>>>>
>>>> *From:* Museum discussion list [mailto:[log in to unmask]] *On
>>>> Behalf Of *Cass Karl
>>>> *Sent:* Thursday, June 30, 2011 9:34 AM
>>>> *To:* [log in to unmask]
>>>> *Subject:* Settle an argument (ethics/ legal question)****
>>>>
>>>> ** **
>>>>
>>>> Hello listers!****
>>>>
>>>>  ****
>>>>
>>>> I am hoping that someone on the list can settle an argument between
>>>> myself and a colleague...****
>>>>
>>>>  ****
>>>>
>>>> If an institution sells (say in a fundraising auction) an antique
>>>> item (say an autographed 1st ed. book)  that was donated for the sale, but
>>>> would really be more appropriately kept for the collection, is that a)
>>>> illegal, b) unethical, c) neither of these, but still just not a good
>>>> idea?  Please cite a source to support your position if you can.****
>>>>
>>>>  ****
>>>>
>>>> Thanks!****
>>>>
>>>>  ****
>>>>
>>>> -Casandra Karl****
>>>>
>>>> Executive Director****
>>>>
>>>> Mission Historical Museum****
>>>>
>>>> Mission, TX****
>>>>
>>>> ** **
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