14.30 ACQUISITIONS TO THE ART MUSEUM COLLECTION

Effective: July 17, 1996

PURPOSE:
To establish standard policies and procedures for acquisitions (non-cash) by The Art Museum at Florida International University for The Art Museum Collection(s).

AUTHORITY/SOURCE:
F.S. 240.52; F.S. 212.08(7)dd; Policy and Administrative Procedures 12.10 (Property Control); 16.12 (Donations); American Association of Museums (AAM) Code of Ethics for Museums, 1991; International Council of Museums (ICOM) Code of Professional Ethics, 1990; Loan Agreement between Cintas Foundation and Florida International University (November 13,1990).

POLICY:
To fulfill its mission to collect, preserve and maintain a collection of aesthetic, cultural and educational importance, the Art Museum may acquire collections by means of gifts, bequests, loans, exchanges or purchases or by any other transaction by which title to the objects passes to The Art Museum. All acquisitions to The Art Museum at Florida International University collections are intended to support the mission and goals of The Art Museum. Accessioned art works are considered permanent and will be retained if they continue to be relevant and useful to the purposes and activities of The Art Museum and if they can be properly stored, preserved and used.

It is the policy of The Art Museum, that in the transfer of property, said property is to be free of all liens and encumbrances and that the donor/seller gives, transfers, assigns and delivers all the donor's/seller's rights, title and interest in and to the property as well as any and all copyright and literary rights in and to said work(s), as an unrestricted gift to The Art Museum at Florida International University, thus becoming the sole property of and for the benefit of The Art Museum at Florida International University.As part of a not-for-profit educational tax exempt organization, acquisitions to the collections of The Art Museum are held in public trust, and as such are bound by the laws governing the University, the state of Florida and the laws of the land as well as ethical guidelines established by recognized professional organizations such as the American Association of Museums (AAM). In particular, with regard to sale or transfer, Florida Statute Section 15. Section 240.52 shall apply and state: "In the sale or exchange of art works, no employee, representative, or agent of the university shall receive a commission, fee or financial benefit in connection with the sale or exchange of a work of art, art history or natural
history, nor may he be a business associate of any individual, firm, or organization involved in the sale or exchange." It is the policy of The Art Museum that no close relatives or family members of employees of The Art Museum or governing body of The Art Museum shall receive a commission, fee or financial benefit in connection with the sale or exchange of a work(s) acquired by The Art Museum.

The Art Museum is tax exempt and gifts or donations are deductible by the individual in accordance with policies of the Internal Revenue Service (IRS). Also, art works purchased by individuals for the purpose of long-term loan The Art Museum may be exempt from use-tax (see Florida Statute 212.08(7)dd).

It is the policy of The Art Museum at FIU not to perform or provide appraisal of any work(s) of art or other items that either may or may not accede to its collection. The Art Museum shall require donors to provide a copy of appraisals of donated items made for purposes of tax deductions. In the case of gifts, a monetary value may be assigned by The Art Museum for internal purposes only such as insurance, and shall be determined by comparative price and information about related sales sought from a variety of sources.

Under no circumstances will The Art Museum purchase collections for resale nor does The Art Museum normally acquire collections for resale through donations or bequests. However, should items be donated for the purposes of resale, this must be clearly stated in the Deed of Conveyance and the donor is to be apprised of IRS regulations regarding tax deductions for donations made for resale. In addition to the policies and procedures for acquisitions, items acquired for resale must also be approved by the University President and all proceeds shall be used for acquisitions to the collections and any applicable policies and procedures for the deaccessioning of collections will apply.

PROCEDURE:
The Director of The Art Museum is responsible for initiating and overseeing the process and procedures for acquisitions to The Art Museum Collections, including The Art Museum at Florida International University Collection, The Oscar B. Cintas Foundation Collection of Contemporary Hispanic Art and The Art and State Building Program (ArtPark) in accordance with any agreements to use and management of said collections. Works considered for acquisition to The Art Museum shall be reviewed and approved by The Director of The Art Museum, The Art Museum (Collections) Advisory Committee, and shall include review and approval from the University Attorney concerning the conditions of transfer of title. Any exception(s) to standard acquisition policy or special circumstances involving acquisition and/or use of collection(s) shall also require the approval of the President of the University and the Provost.

Those involved in the acquisition process must at all times weigh carefully the intention of all donors/sellers in the broadest sense, the interests of the public, the interests of the artistic, scholarly and cultural community and the institution's own financial well-being. Also, all factors including size, extent of objects, value, costs of maintenance, restrictions on use, etc. should be considered in all acquisition decisions. Therefore, objects to be acquired by The Art Museum shall be reviewed with regard to but not limited to the following procedures and judgements.

1. Knowledge of the physical object. There should be first-hand visual knowledge of the original object
before an acquisition is considered.

2. Quality. The quality authenticity of the object shall be determined through careful comparison with the best works in the permanent Collection and with comparable works elsewhere in terms of style, technique, aesthetic, cultural or historic merit, condition, documentation, etc.

3. Significance to the Collection. It is the responsibility of The Art Museum to assure that the work enhances the Strength of the Collection. It is important that how a new acquisition complements or contributes to the existing
Collection be identified.

4. Condition of the Art Work (object). It is the responsibility of The Art Museum to provide the resources and services to assure the proper care, maintenance and preservation of The Art Museum Collection object(s). The
condition of the work should be examined by a trained professional to determine the extent to which it has been affected by time, altered by prior restoration and use, and to assess the requirements for its preservation in the future.

5. Provenance. The history of ownership shall be established as far as possible. The Art Museum shall take reasonable precautions to assure itself that any object it acquires has not been recently removed from its country of origin (or from the country where it was last legally owned) in violation of that country's laws.

6. Title. The Art Museum shall ascertain, with the advice and approval of the University Attorney the precise nature of title (including issues of provenance) in the considered acquisition and acquire, when possible, all copyright privileges.

7. Conditions of Donations. Ideally, no object should be acquired with restrictions limiting its use or disposal. If, in certain instances, it is decided to acquire an object to which restrictions have been attached by the seller or donor, all restrictions must be written in the instrument of conveyance and be reviewed and approved by the Director of The Art Museum, The Museum Advisory Committee, the University Attorney, and the President.

Records and Documentation. The Art Museum is responsible for preparing and maintaining all original records and documentation (manual and electronic) associated with the acquisition of Collection. These records shall include, but not limited to the following.

1. Deed of Conveyance. The written Deed of Conveyance shall constitute the legal record of transfer of title of property to The Art Museum. It shall include all conditions governing the transfer of title from the donor/seller to The Art Museum. Two original copies will be prepared and signed and dated by the Director of The Art Museum and the donor/seller. One original copy will be deposited and maintained by The Art Museum, and one original copy will be given to the donor/seller. A copy of the original Deed of Conveyance and a copy of appraisal document provided by the donor will be forwarded to the Office of Advancement in order to establish the legal audit trail. For acquisitions valued over $500, a copy of the original Deed of Conveyance will be forwarded to Property Control Department.

2. Accession Record Number. All new acquisitions shall be described and recorded in an Accession Log Book and assigned an Accession number and/or Donor number.

3. Registration Records. Registration records of accessioned objects shall include, but not be limited to
conditions of acquisition; a descriptive catalogue record; evidence of legal ownership or possession; description of  object condition; current object location; and prior history of ownership and record of all activities of such object including loan, exhibit, restoration, etc.

4. Object File. All registration and curatorial information and documentation associated with collection
acquisitions shall be kept and maintained in an object file(s).

5. Donor File. The Art Museum shall prepare and maintain general information on donors and donations made to The Art Museum.

6. Inventory. The Registrar for The Art Museum shall be responsible for maintaining a current inventory of all The Art Museum collections. The inventory shall be updated annually with minimum information to include
accession/registration number, University property number, basic description of object, current location and condition.

Page last updated: April 11, 2002
Page Content: Kenneth Johnson