Collections Management Policy

I.  Introduction

The Collections Management Policy (CMP) is a compilation of written policies covering all aspects of collection activities including acquisition, disposal, documentation, and care and use of the objects for which the Tucson Museum of Art and Historic Block is permanently or temporarily guardian. This document serves as a reference and best practices tool for museum staff, members of the Board of Trustees, and the Fine Arts Committee. 

II. Mission Statement

The Tucson Museum of Art and Historic Block connects art to life by inspiring discovery, creativity, and cultural understanding though meaningful, engaging experiences.

To achieve its mission, the Tucson Museum of Art and Historic Block preserves and interprets its collections of Art of the Americas, Art of the American West, and Modern and Contemporary American Art; cares for and interprets five significant El Presidio historic properties; and produces related exhibitions, educational programs, and publications which expand understanding and appreciation of these unique community resources.

III. Authority

The Tucson Museum of Art is a privately funded, not-for-profit corporation.

IV. Board of Trustees

While final legal responsibility for collections rests with the Board of Trustees, the Board delegates some of this authority to a duly appointed Fine Arts Committee (FAC) to approve acquisitions, outgoing loans valued over $50,000, and recommend deaccessions to the Board of Trustees for final approval. 

V. Fine Arts Committee Composition

• The President of the Board of Trustees shall appoint annually the Chair of the Fine Arts Committee, who shall be a member of the Board.
• The Chair appoints individual members of the Fine Arts Committee.
•  A member of the Fine Arts Committee may be a community leader, art historian, scholar, collector, or other person with broad knowledge and interest in art and culture.
• The President of the Board of Trustees and the Executive Director are voting ex-officio members of the Fine Arts Committee.
• The curatorial and registration staff are non-voting members of the Fine Arts Committee.
• The Collections Manager/Registrar, shall serve as the secretary of the Fine Arts Committee, shall send notices to the members of the Committee, prepare the agendas, and take the minutes for all meetings.

VI. Duties and Responsibilities of the Chair

• Appoint the members of the Fine Arts Committee.
• Declare a quorum of members as necessary.
• Lead the meeting of the Fine Arts Committee.
• Present the Fine Arts Committee purchase and gift recommendations to the Board for final approval.
• Present proposed objects for deaccession approved by the Fine Arts Committee to the Board of Trustees for final approval.

VII. Duties and Responsibilities of the Fine Arts Committee

• As an individual with decision-making authority affecting the Museum and its collections, each member of the Fine Arts Committee shall abide by the Code of Ethics Policy as adopted by the Board of Trustees, effective April 26, 2003. (See Code of Ethics and Guide for Professional Practices.)
• The Fine Arts Committee shall hold regular quarterly meetings, and special meetings as necessary.
• The Fine Arts Committee shall discuss and vote upon outgoing loans of items of value over $50,000, as well as potential acquisitions to the collection—i.e. gifts, purchases, bequests—as proposed by the Curators or Executive Director.
• Decisions made by the Fine Arts Committee shall be by simple majority vote of those present.
• Members of the Fine Arts Committee shall encourage the growth of the collection by assisting in the development and procurement of gifts, bequests, and funds for acquisitions, conservation, and collections care.

VIII.  Scope of Collections      

The core of the Museum is its collections and the aesthetic and educational information that they convey. It is the responsibility of the Museum to acquire objects that are consistent with the goals and purposes of the Museum and, recognizing that the collections are an irreplaceable and finite resource, to maintain those objects in perpetuity.

• American Art of the United States includes: 19th to Early 20th Century American Art; Impressionist Art; Art of the American Scene; Modern Art (1913 to 1970); Contemporary Art (1970 to present); Contemporary Native American Art; Contemporary Craft; Art of the American West; Photography; and Decorative Arts of the American Arts and Crafts Movement.

• Art of the Americas includes: pre-Columbian Art of Mexico, Central America, and South America; Art of the Hispanic Vice-regencies and Colonies including Painting, Sculpture, Decorative, and Minor Arts; Art of Latin American Nations (Republics) inclusive of the Caribbean from 1821 forward; Decorative and Minor Arts of the Mediterranean and Asia pertaining to the Art of the Americas; Folk Art of the Americas; and Ethnographic Art of the Southwest and Pacific Northwest (including Canada).

• Asian Art Collection includes 1st century to the 20th century fine and decorative arts from China, Japan Korea, Thailand, and India.

• European Art includes: 16th – 20th c. European Art; Modern Art; Contemporary Art; and European Decorative Arts.

IX.   Acquisitions Guidelines

Whenever considering an acquisition to the Permanent Collection, the Museum shall strive to follow ethical, legal, and practical guidelines in order to fulfill its mission and ensure the security and integrity of the object. Prior to the presentation of any potential acquisition before the Fine Arts Committee, the potential acquisition must fulfill the following requirements:

A. General

• The object is unencumbered by donor- or vendor-imposed restrictions, such as requirements for duration or placement of display, method of disposal, or length of time the Museum must keep the object. Objects with restrictions may be accepted for accession only by vote of approval of the Board of Trustees.
• The object is consistent with the goals of the Tucson Museum of Art as spelled out in the Mission Statement of the Museum, and falls within the scope of collections.
• Staff knowledge and storage are sufficient to care for the object properly.
• The provenance of an object is documented to the satisfaction of staff, the standards set forth in the UNESCO Cultural Property Act of 1970, and the AAM’s Guidelines Concerning the Unlawful Appropriation of Objects during the Nazi Era of 1999 (amended 2001).
• The ownership of the object is not in question.
• If obtained at an archaeological site, the object has been documented and its existence disclosed to the lawful owner of the site, as well as to appropriate legal or governmental authorities in its country of origin.
• If a purchase, there exists no opportunity to obtain the object or a comparable object by gift or bequest.
• The Museum is considered to be the most appropriate institution to acquire the object, over the interests of other collecting institutions.
• The Museum intends, in good faith, to keep the object in the Museum’s Permanent Collection for the foreseeable future.
• The Museum intends, in good faith, to use the object in the foreseeable future, in accordance with its mission.
• Due diligence has been exercised by curatorial staff to authenticate the object, including contacting specialists, appraisers, or connoisseurs in the field.
•  According to the best judgment of staff, the object will not result in major expenses in the foreseeable future that the Museum will be incapable of fulfilling (e.g., will need conservation or maintenance, or will open a new area of collecting).
• The object is not physically hazardous to staff or to other collections objects.
• If it falls outside the scope of collections, the object is considered to be special enough to warrant a new area of collecting.
• The object does not contain materials prohibited by State, Federal or International Wildlife Regulations, for use or sale. Exceptions for acquisition may be made based on the following guidelines and others contained in the Endangered Species Act of 1973 (amended 1996): The object has accompanying documentation, both from the country of origin authorizing its exportation, and from the United States authorizing its importation; the object is an antique (i.e., not less than 100 years old); the object falls under a permit of exemption issued by the U.S. Secretary of the Interior.

B. Legal, Ethical, and Social Considerations

The Museum recognizes that throughout the world, millions of objects have been transferred illegally or forcibly from their rightful owners or countries of origin. In an effort to avoid potential disputes of ownership, and to enforce the spirit of international conventions, the Museum adopts the following guidelines for provenance of objects both in its collection and on loan. Primary guidance for the conduct of the Museum regarding suspect objects will be the following federal and international initiatives:

Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property ("Cultural Property Act"), adopted by the United Nations Educational, Scientific, and Cultural Organization (UNESCO), 1970

If the Museum comes into possession of an object that can be demonstrated to have been exported or otherwise transferred in violation of the principles of the Cultural Property Act, and the country of origin seeks its return and demonstrates that it is part of the country’s cultural heritage, the Museum will, if legally free to do so, take responsible steps to cooperate in the return of the object to the country of origin.

• Although the bill was not signed into law until 1983 in the United States, the Museum will abide by the UNESCO draft date of 1970 as the date prior to which objects must have been imported to the U.S. in order to be considered for acquisition or exhibition at the Museum.
•  The Museum will abide by the ongoing and updated bans on importation of goods based on official requests made by other countries to the Cultural Property Advisory Committee of the U.S. government.
• The Museum will not acquire any object that has been acquired in, or exported from, its country of origin—or any intermediate country in which it may have been legally owned—in violation of that country’s laws.
• The Museum will not acquire excavated art works where there is reasonable cause to believe their recovery involved the recent unscientific destruction or damage of monuments or archaeological sites, or involved a failure to disclose the finds to the owner or occupier of the land, or to the proper legal or governmental authorities.
• The Museum will practice due diligence in determining the provenance of relevant material presented to the Museum for acquisition or exhibition, including:
• Requesting from the donor, lender, or vendor, all documentation relating to the history of ownership of the material;
• Contacting the International Foundation for Art Research, the Art Loss Register, and/or Interpol to learn if the material has been stolen;
• Considering the character of the individual or parties involved.

C.  Provenance

AAM’s Guidelines Concerning the Unlawful Appropriation of Objects during the Nazi Era, 1999 (amended 2001)

The Museum recognizes that thousands of objects have been stolen, confiscated, looted, pillaged, or otherwise appropriated unlawfully from its rightful owner during the Nazi Era (1933-1945). As an ethical steward and trustee of the public, the Museum will be guided by the following policy regarding these objects:

• The Museum will identify all works in the collection created between 1932-1946 that underwent a change of ownership within that time frame, and those works, which may be reasonably thought to have been in Europe between those years ("covered objects").
• The Museum will make accessible to researchers and the public, the documentation or other information regarding covered objects.
• The Museum will give priority to continuing provenance research as resources allow, including the pursuit of special funding to undertake such research.
• The Museum will practice due diligence in determining the provenance of covered objects already in the collection, or presented to the Museum for acquisition or exhibition, including:
• Requesting from the donor, lender, or vendor, all documentation relating to the history of ownership of the material;
• Contacting websites, archives, auction houses, scholars, art galleries and dealers, and other sources which maintain stolen artifact databases or other records;
• Contacting the source of the covered objects when credible evidence is found that the objects were unlawfully appropriated;
• Documenting all provenance research;
• Publishing lists of recent acquisitions in publications such as the Museum’s Annual Report or quarterly newsletter, or otherwise making accessible these lists for further research and public review.
• Should the Museum discover that a covered object has incomplete or uncertain provenance, it may, in certain circumstances, choose to proceed with the loan or acquisition, with the idea that exposure at the Museum may reveal further information on the object. The Museum’s intent in this circumstance is the completion of the provenance, which may not have been successful without the exposure and research capabilities of the Museum.
• Should the Museum discover that a covered object, in the collection or on loan, has incomplete or uncertain provenance, it shall make such information public and notify any potential claimants if possible. If no claim is made, the Museum shall retain the object for further research, education, and maintenance. The Museum shall act with transparency in informing the public of the object’s history, in the hopes that more information will come forth as a result.
• The Museum shall address all claims of ownership openly, honestly, seriously, respectfully, thoroughly, and promptly, with dignity toward all involved parties.
•  The Museum shall respond to all claims with a request for evidence of rightful ownership by the claimant.
•  Should the Museum determine that a claimant has sufficient evidence of ownership of an object which had been unlawfully appropriated, the Museum shall seek a mutually agreeable and appropriate resolution with the claimant, with the method of mediation preferable to litigation.
•  In all actions, the Museum shall consult legal counsel in order to fulfill its legal role as custodian of the object and the ethical role as custodian of the public trust.

D. Repatriation

Native American Graves Protection and Repatriation Act (NAGPRA), 1990

Collection items subject to repatriation under NAGPRA include: Native American human remains, associated and unassociated funerary objects, sacred objects, and objects of cultural patrimony, as defined in the law ("covered objects").

1. The Museum shall, according to the regulations of NAGPRA:
   
   1. Identify all covered objects in the Museum’s collection;
      
   2. Provide access to the inventory of covered objects to groups who are or are likely affiliated with these objects, upon request at any time;
      
   3. Present the opportunity for covered objects to be returned to affiliated groups.
      
2. The Museum shall respond to all requests for inventory or claims on covered objects promptly and respectfully.
   
3. The Museum shall respond to all claims on covered objects with a request for evidence of standing to claim.
   
   1. Standing may consist of lineal descent, Native American or Native Hawaiian group affiliation.
      
   2. Evidence of standing may consist of geographic affiliation, oral history, expert opinion, anthropological or archaeological data, or other data.
      
4. The Museum shall not seek to purchase covered objects, as they may be subject to repatriation.
   
5. The Museum shall not be precluded from acceptance of covered objects if offered as gift or bequest. The Museum understands that following the acceptance of covered objects, a complete and open report of their presence in collections, and any related documentation, must be given to groups who are or are likely affiliated with these objects.

E. Appraisals and Authentication

For reasons of insurance and risk management, the Museum may use several measures of value for its collections objects: recent appraisals, purchase price, and other methods used by the Museum for internal purposes. The method that presents many ethical and legal issues is the appraisal. The goal of this policy is to "ensure accurate arm’s-length appraisals obtained through a process which is fair and transparent." (footnote: Object of Appraisal: Legal and Ethical Issues, DeAngelis & Hersh, Museum News, AAM, Sept/Oct 2001)

• No member of the Museum staff or board may provide statements of monetary value of any items to be donated to the Museum. The Collections Manager/Registrar or Curators may assign estimated values for internal use, loan agreements, or for temporary insurance coverage, but must state as such the purpose of the estimated value, and that the estimated value must not be considered an appraisal.
• The Museum shall not pay for appraisals on donated objects. The Executive Director has the authority to waive this prohibition in special circumstances, such as a donor with limited means yet a highly valued object to be donated. In this case, the donor would independently contract the appraiser and the invoice would be sent to the Museum.
• No member of the Museum staff or Board of Trustees may recommend one appraiser to a potential donor. If a donor requests a list of appraisers, the referral will include a statement that any referral does not constitute endorsement.
• Donors shall be encouraged to have an appraisal done before making a donation. If the appraisal is not done before the date of the gift, the Museum shall make the object available to the appraiser of the donor’s choosing.
•  If an appraisal is contracted by a donor for an object donated to the Museum, the appraiser shall send the appraisal to the donor, who shall then provide a copy to the Museum.
•  The Museum shall make every effort to contract a certified, qualified appraiser to evaluate its collections when necessary.
•  IRS regulations define a qualified appraiser to be:
• One who performs appraisals regularly and presents himself as an appraiser;
• One who recognizes that there is personal liability for intentionally falsifying a valuation.
• IRS regulations prohibit the following individuals from being a qualified appraiser:
• The donor of the object.
•  A member of the Museum staff or board.
•  A party to the transaction in which the donor acquired the object.
•  A relation, spouse, or employee of any of the above.
• When contracting with an appraiser, the Museum shall draft an agreement, or letter of commission, detailing the services to be provided by the appraiser. Such a letter shall include:
•  A deadline;
•  An explanation of fees, including a cap for fees if desired by the Museum;
•  Provisions for personal examination of object and related documentation;
•  A statement of purpose for the appraisal and value;
•  Detailed descriptions, including photography if possible;
•  A statement that Uniform Standards of Professional Appraisal Practice will be followed.
• No member of the Museum staff or Board of Trustees may provide authentication of any artwork. Authentication includes, but is not limited to, a professional judgment on authorship, country of origin, and date created, and implies legal responsibility or guarantee for the accuracy of the information.
• Members of the Museum staff and Board of Trustees may at times provide identification of artwork, including, but not limited to, opinions on authorship, country of origin, and date created, provided:
• The individual or party requesting the identification sign an Indemnification Form, releasing the Museum from all legal responsibility which may derive from the information given.
• The staff or Board member has expertise in the area of art requiring identification.

 

F. Objects Accepted for Purposes Other Than For Addition to the Permanent Collection

Objects considered to be outside the collecting interests of the Museum, or those that do not meet acquisitions criteria, may be accepted from time to time for study or educational purposes.  Such materials require the signed consent of the donor as non-accessioned material for inclusion in the Study Collection. Non-accessioned objects shall be recorded by the Collections Manager/Registrar, utilizing a dedicated numbering system, and shall be located outside of the main collections area.

X.  Deaccession

Professional museum standards for the preservation of artifacts require that objects added to museum collections must have permanency within those collections. However, when thoughtfully and carefully performed, deaccessioning assists in the realization of collections goals and the Museum’s mission.

A. Deaccession Criteria

Deaccession: the permanent removal of an object from the Museum’s Permanent Collection. The process of deaccessioning requires careful deliberation and should never be taken lightly. The decision making process in determining to deaccession should be rigorous, well researched, and well documented. 

The Museum shall consider deaccessioning an object from its Permanent Collection if:

• The object does not fall within the scope of the collection
• The Museum does not have the staff, storage, or financial resources to care for the object properly.
• The object is a duplication of other objects in the collection.
• The object’s condition has deteriorated beyond usefulness.
• The object is recognized as a fake or forgery.
• The object is of ceremonial importance to a Native American group and its return is required in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA) of 1990.
• The object has been proven to have been exported or otherwise transferred in violation of the principles of the UNESCO Cultural Property Act of 1970.
• The object has been stolen, and an insurance claim has been paid to the Museum for the object.
• The object was erroneously accessioned into the collection (e.g., repair or conservation supplies or tools, unrelated documentation, exhibit props, etc.)

B. Procedures 

An object for deaccession shall be thoroughly researched, nominated by a Curator, and be accompanied by a Deaccession Recommendation Form, to be considered by the Fine Arts Committee. A Deaccession and Disposal Record will be attached to this paperwork.

The decision to deaccession an object requires a majority vote of the Fine Arts Committee.  A vote against deaccessioning will halt the process; a vote for deaccessioning will take the process to the next level as a recommendation to the Board of Trustees

C. Disposition

A deaccessioned object may be sold or disposed of in the manner determined by the Fine Arts Committee and Board of Trustees to garner the greatest advantage to the Museum. An object may be:

• Traded for another object of comparable monetary, artistic, or historic value;
• Transferred to another museum or nonprofit cultural organization;
  
• Sold at auction to insure that it is offered to the largest public audience;
  
• Discarded due to deterioration beyond usefulness.

It is important for the Fine Arts Committee and the Board of Trustees to consider the following questions when determining disposition:

• Should the object be passed to another museum or public institution to insure the future welfare and public accessibility of the object, or insure that the object is kept in the community if it has local interest?
• Should the object be sold at public auction to the highest bidder so that the Museum may maximize for itself the proceeds of the sale, thus enhancing its Acquisitions Fund for the future?
  
• Should the object be offered back to the original donor for purchase?

Tucson Museum of Art employees, trustees, and their immediate families and associates are restricted from acquiring any deaccessioned object through trade, transfer, or sale.

An object to be deaccessioned shall be appraised by a neutral, qualified appraiser prior to disposition.

Donors of objects sold through deaccession shall be acknowledged in museum publications, the accession records, and exhibit labels of future objects purchased for the collection through the proceeds of the sale.

C. Application of Proceeds

All proceeds from the sale of a deaccessioned object shall be used for the benefit of the Permanent Collection, remain consistent with the Museum’s mission, and held in the Acquisitions Fund for future purchases.  Proceeds from deaccession must never be used for anything other than acquisition or direct care of the collections.