How does this apply when only one organization is the actual non-profit?
Neither the Library or the Military Museum has non-profit status.
Everything is filed under our non-profit. If a donor takes a tax
deduction, then it is under our federal id number. The Military Museum,
however, does have by-laws. We are all in the same building which is
owned by our Museum. Our concern is more with the Military Museum than
the Library. With them, there is the understanding that while we own the
collection the Library volunteers are responsible for management. We are
still working on outlining how everything is handled though.
Donors believe they are donating to each different organization. The
Deeds of Gift for both list: Library or Military Museum, Annex of our
Museum. We are concerned about upholding museum standards or that items
might be donated without our knowledge that could introduce mold or pest
infestations. If a something ever happens as say a donor receiving an
appraisal that is incorrect, then we will be the one's sued. We know
that is unethical but convincing the Military Museum is another story.
In the past, we had some potential legal problems resulting from how the
Military Museum handles things. Our Museum ended up being threated with
a lawsuit. This has resulted in the current operating agreement but it
is lacking in many areas and could conflict with current museum practices.
To my understanding, there was never a discussion as them operating
under our umbrella. Both were opened in the early 1990s, which was after
our Museum in 1989. The issue was not discussed until the Museum hired
its first professional in 1996. The operating guidelines outlining all
collections issues as to ownership and incoming donations but were not
followed. The guidelines were later redrafted, not by us, to a one-side
agreement that does not give us oversight.
Is this standard? Are we wrong to think that we should have some control
or oversight, especially over the collections, because of the potential
liability? Even with the current agreement, would not we be still the
legally responsible?
Maggie Harrer wrote:
> Key to this question is what was your discussion when they first came
> under your umbrella? Are they an OFFSHOOT of your museum, or did they
> simply ask if they could come under your umbrella and operate in some
> shared ways.
>
> It is NOT standard that you own what they own....as they are a
> separate organization merely operating under your umbrella, but it
> sounds as if this discussion has NOT been had prior to their coming
> under your umbrella, and it should have. If they handle their own
> collections, including purchasing, when desired, then it would seem
> they own their own collection, despite the fact that you have allowed
> them to be covered under your insurance. This is not an a priori
> situation - rather it is one that requires immediate and honest
> discussions to understand how each organization understands your
> relationship. If they are "ok" with you actually owning their
> collection - what exactly is the purpose of the separate organization?
>
> Maggie
>
>
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