An item is not a collection item unless it is accessioned into the collection.  Auctioning an item that would be appropriate for the museum collection may give the appearance of being improper (unethical or illegal.)  If, however, upon donation the staff is considering putting the item up for sale, that needs to be clear with the donor.  While it may be legal to follow the terms of the gift agreement (no restrictions) if the institution anticipates selling or otherwise disposing of the item it is most ethical to inform the person offering the object in question of the intent.  There would be an ethical question if the board members or museum staff were to have bid on or purchased an item deaccessioned from the collection.  To my mind, although I regard this as not from the collection, it would have the appearance of impropriety for anyone in this group to bid on or purchase the item for personal use.]
 
It's an interesting discussion. 
 
The OP wanted to prevent something like this from happening again.  I don't think you can write policy that gives you enough foresight to see that things aren't going to go the way you expect or want. You might be able to institute a procedure calling for the disposal of items other than placement in the permanent collection be specifically cleared with donors. Otherwise, the museum doesn't have a signed first edition of the book.  That's where it started.  It has $20 more, though, not $100 or $1,000.  Nothing was stolen, nothing was given away secretly.  Everything that happened was transparent and above board. Kudos to the director who sought board approval, the board for recognizing their role and approving the action, and for everything being transparent and no quiet deals to board members or their families or others affiliated with the museum. (Including volunteers and donors.)  Step back and give yourselves a pat on the back for what you did right. 
 
Donors, staff, board members and community members become quite impassioned over even small incidents.  (This one doesn't seem that awful to me.)  As the donor was upset, I would consider a discussion with the donor to determine whether it is truly about the object being sold or about the disappointing sale price.  I would possibly offer my deepest apologies, and discuss what the donor wishes had been handled differently. 
 
The opinion expressed in the above message is my personal opinion which is not necessarily shared by my employer (NARA) nor the federal government of which NARA is a part.
 
 
 
.
>>> David Lewias <[log in to unmask]> 6/30/2011 2:21 PM >>>
....all good comments so far, but nobody's mentioned that fact that most museum ethics policy's require any proceeds from selling "collections" (and though technically this wasn't accessioned, that is in essence what it was) must go back towards the collection.  Soo... best-case scenario had this book sold for $200 (or $2,000) - would the executive director have used that income to pay the rent, the light bill, her salary?  

Our unofficial policy (for at least as long as I'm here) is  I don't ever want to "sell" anything.  Even if a donor gives us a historical artifact with the express intent that we auction it off -- I'm too worried about the negative perceptions it would cause in and among our other donors (potential donors).   In that case, I would ask the "donor" to sell/auction the item and donate the cash proceeds. 

- David -
David Lewis, Curator
Aurora Regional Fire Museum
www.AuroraRegionalFireMuseum.org


-----Original Message-----
From: Grant Gerlich <[log in to unmask]>
To: [log in to unmask]
Sent: Thu, Jun 30, 2011 11:00 am
Subject: Re: [MUSEUM-L] Settle an argument (ethics/ legal question)

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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