There are all kinds of issues in this - not the least of all being that a legal donation and transfer of property "Gift" was done and reversing that may have both legal and ethical ramifications. And after six years now the donor wants to reverse the decision? That, in my opinion, is opening a Pandora's Box of issues.

The first thing that comes to mind is whether that donor declared the gift for tax purposes with the IRS - because how can your museum now be an instrument, with pressure from the donor, to reverse that? There are legal reasons why museums cannot assign value for "Gifts" and I am sure that there well may be liability via the IRS for reversing a "Gift" that someone has gotten tax deductions for. The second thing is to change the legal status of the "Gift" back to the donor will involve lawyers as well as having ethical ramifications with your collections management policy. Then there is the issue of board members intervening in a professional collections management issue. You have to live by your current policy and not allow "special cases" from board politics to circumvent that - especially if you are accredited by the AAM or aspire to be.

Cheers,
Dave

David Harvey
Senior Conservator and Museum Consultant

On Fri, Jun 1, 2012 at 10:48 AM, Ramona Renfroe <[log in to unmask]> wrote:

We are in the process of reviewing our Collections Policy and have encountered a situation that could pose a difficult precedent.

 

Six years ago a donor gave the museum three pieces of 19th century furniture that have become a major portion of one of our exhibits. The closure of a regional museum and the disbursement of their collection have concerned this lady for the stability of local museums in general. The situation is further complicated by her relationship to certain Board members which has elevated it beyond the wording of the Deed of Gift to an emotional discussion. She wishes to change these items from “gift” status to “loan” status “just in case” the same fate were to befall our museum. She does not want the pieces back nor does she think that her heirs will want the pieces in the future. Board members’ reactions have been varied and have placed our Collections Committee on alert to the sensitivity of this particular incident.  

 

Have any of the List members encountered a similar situation or do you have policies in place that address such circumstances?

 

Thanks,

Ramona

 

 

Ramona A. Renfroe

Director

Museum of Ashe County History

301 E. Main St. / PO Box 1404

Jefferson, NC  28640

Phone: 336.846.1904 / fax: 336.846.1932

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