缅北重口

Policy

The College possesses significant collections of artwork. When not in storage, the College endeavors to display this artwork in the Berrie Center Kresge and Pascal Galleries, Rodman Gallery, and Potter Library Galleries. The intent of this policy is to provide for the disposal or deaccessioning of artwork by the College under certain circumstances.

Reason for Policy

To set forth a policy that governs the circumstances, conditions, and procedures in which artwork is deaccessioned from the College.

To Whom Does the Policy Apply

All College galleries and stewards of the art work therein including but not limited to Berrie Center Kresge and Pascal Galleries, Rodman Gallery, and Potter Library Galleries.

Related Documents

• Procedure 418: Deaccessioning of Artwork

Contacts

Art Gallery Director

I. Purpose

In forming and maintaining a permanent collection of the highest quality, 缅北重口 of New Jersey considers it legitimate and sometimes desirable to refine the collection through the occasional sale or other disposition of previously-acquired objects. The fundamental purpose of removing objects from the permanent collection (also known as deaccessioning) is to strengthen the collection. It may also provide more adequate space and care for the College鈥檚 permanent collection. Deaccessioning should never be done to raise money for any stated purpose; rather, it should be done to remove those materials that, for various reasons, are no longer valuable to carrying out the mission of the 缅北重口 of New Jersey Galleries.

II. Definitions

The following words and phrases, as used in these procedures, shall have the following meanings:

• 鈥淎肠肠别蝉蝉颈辞苍颈苍驳鈥� shall mean the formal process of accepting objects into the Galleries鈥� permanent collection.
• 鈥淏oard of Trustees鈥� shall mean the 缅北重口 of New Jersey Board of Trustees.
• 鈥淐辞濒濒别驳别鈥� shall mean 缅北重口 of New Jersey.
• 鈥�顿别补肠肠别蝉蝉颈辞苍颈苍驳鈥� shall mean the formal process of removing an accessioned object from the permanent collection of the Galleries.
• 鈥淒irect care鈥� for purposes of this section means the direct costs associated with the storage or preservation of objects of art.
• 鈥凄颈蝉辫辞蝉颈迟颈辞苍鈥� shall mean the process of physically removing a deaccessioned object from the custody of the Galleries by transferring title and custody or, in the case of false or fraudulent works or works that are irreparably damaged, by destruction.
• 鈥凄颈谤别肠迟辞谤鈥� shall mean the Director of the 缅北重口 of New Jersey Art Galleries.
• 鈥淔辞耻苍诲补迟颈辞苍鈥� shall mean the 缅北重口 Foundation.
• 鈥淕补濒濒别谤颈别蝉鈥� shall mean collectively, the 缅北重口 of New Jersey Art Galleries consisting of the Berrie Center Kresge and Pascal Galleries, Rodman Gallery, Potter Library Galleries, and any future such spaces designated by the Provost as galleries.
• “翱产箩别肠迟鈥� shall mean an item of tangible personal property that has significant aesthetic, historical, cultural and market value, and provides significant opportunities for teaching.
• 鈥淧ermanent collection鈥� shall mean a collection of art objects that is owned and intended to be kept for the long term.

III. General Principles

A. In forming and maintaining a permanent collection of the highest quality, the College鈥檚 Galleries consider deaccession a legitimate and important action.

B. The fundamental purpose of deaccessioning is to strengthen the College Galleries鈥� permanent collection. Deaccessioning can refine and improve the overall quality of the permanent collection and allow the Galleries to shape the collection carefully to best serve its mission.

C. Deaccessioning of material from the permanent collection of the Galleries is a step that should not be taken lightly, but instead judiciously, with the same caution and prudence as is exercised in accessioning. No action pertaining to deaccessioning should be undertaken which would impair the integrity and goodstanding of the Galleries within its community, the community at large, and within the profession.

D. Realizing the potential issues in any deaccessioning, all concerned persons must attempt to foresee potential uses which the Galleries might have for the material in question. Due diligence with regard to legal ownership, permanent documentation and institutional process should be completed for all objects considered for deaccession.

E. Proceeds of deaccession will be used for future acquisitions and conservation or other direct care of works in the permanent collection. Money realized from the sale of objects will not be used for general College operational, non-museum expenses. The Bukstein Collection is an exception where funds may be used for scholarships. Acquisitions purchased with deaccession funds will usually be credited to the donor(s) of the deaccessioned material.

F. No member of the College鈥檚 Board of Trustees, Galleries, Campus Art Committee or staff or those whose association with the College might give them advantage in acquiring the work, shall be permitted to acquire directly or indirectly a work deaccessioned by the Galleries, or otherwise benefit from its sale, trade, or other disposition.

G. Deaccessioning must comply with all applicable local, state and federal laws and regulations in force at the time, as well as relevant international conventions accepted by the United States.

H. Deaccessioning should take the public trust into consideration.

IV. Criteria for Deaccession

Objects may be removed from the Galleries鈥� permanent collection for any of the following reasons:

A. The object is of poor quality, either intrinsically or relatively, in comparison with other objects of the same type in the permanent collection.

B. The object is redundant or is a duplicate that has no value as part of a series.

C. The Galleries鈥� possession of the object is found to be inconsistent with applicable law, i.e., the work may have been stolen, illegally exported in violation of applicable state and federal laws, or subject to repatriation or other legal claims.

D. The authenticity, attribution or genuineness of the object is determined to be false or fraudulent and the object lacks sufficient aesthetic merit, teaching merit,or art historical importance to warrant retention.

E. The object has been damaged and is unable to be restored to its value and usefulness to the permanent collection.

F. The physical condition of the object is so poor that restoration is impossible or will render the object essentially false.

G. The Galleries can no longer adequately care for the object because of continuing special requirements for stewardship such as storage, exhibition, or conservation.

H. The object was acquired as part of an accession but is not within the scope of the permanent collection.

I. The object is hazardous to people, the physical environment of the Galleries, and/or to other objects in the permanent collection.

J. The object is no longer consistent with the mission or collecting policies of the Galleries.

V. Guidelines

A. Legal and Consensual Considerations

1. Deaccessioning must be in alignment with applicable legal requirements and College policies.
2. Deaccessioning must comply with all applicable local, state and federal laws in force at the time.
3. Deaccessioning must observe any terms and obligations which pertained to the acquisition of the work by the Galleries, unless as part of the deaccessioning procedure it is determined to seek judicial exoneration or relief for a cy pres order from any consensual restriction.
4. Reasonable efforts will be made to ascertain that there is clear and legal title and that the work is free from donor restrictions. Galleries staff findings and recommendations do not represent a legal audit. In some cases it may be necessary to consult legal counsel, possibly including art law specialists, in order to ensure compliance with legal and consensual requirements.

B. Campus Art Committee

The Campus Art Committee functions as an Art Galleries advisory and discussion group which, among its duties, monitors the deaccessioning process.

C. Recognition to donors

In the case of removal for gifts or bequests, recognition to the donor may be transferred to resulting acquisitions where appropriate.

D. Forgeries and reproductions

Known forgeries or reproductions shall be marked as such and so described in documentation to the transferee.

E. Three-Year Disposition

To the extent there is no conflict with any gift agreement, applicable law or regulation, the Galleries will refrain from selling, exchanging, or otherwise disposing of any donated property for three years after acquisition. In the event that a gift having a value in excess of $5,000.00 is disposed of in less than three years, the Foundation will file a Donee Information Return form (I.R.S. #8282).

F. Records

The Director is responsible for assuring that complete and accurate records, including photographs, are compiled and maintained in connection with deaccession.

VI. Deaccessioning Process

A. Recommendation by the Director/Referral to the Director

1. The process of deaccessioning and disposal may be initiated by the Director or referred by a member of the College community to the Director, who then nominates objects for deaccession after basic research and documentation are completed.
2. The Director will, after appropriate review of the facts and circumstances, present the request to the Campus Art Committee, notify the Dean with supervisory responsibility of the Director, and notify the Executive Director of the Foundation.
3. The Director shall exercise care to assure that the recommendations are based on authoritative expertise.
4. In cases where there is not adequate staff expertise, the Director should seek and present in writing the opinion of at least one outside expert.
5. In instances where disposition for cash is proposed for the deaccessioning, the Director shall recommend an upset price; the Director may modify the recommendation at their discretion; in each instance having due regard for the appraisal obtained pursuant to the process described below. The final upset price shall be fixed by whichever entity has the authority to approve the disposition of the deaccessioned object.

B. Approvals

1. Upon recommendation by the Director and after evaluation of all the information, the Campus Art Committee votes on the recommendation.
2. Upon approval by the Campus Art Committee, that recommendation is forwarded to the College administration for final approval.

C. Notification

A reasonable effort may be made to advise the donor or their designees for the proposed deaccession, but is not required. Such action shall not be construed as a request for permission to deaccession. Donor concerns related to the original acquisition should be carefully considered.

D. Disposition of Objects

1. Disposition of objects may vary according to the existing market for: each type of object; essential purpose of the deaccession; or, reason for the deaccession.
2. The Director decides on the type of disposition and possible notification ofthe donor/heirs in consultation with the Foundation鈥檚 Executive Director.
3. If the value of the object is insignificant to the extent that auction is not practical, consideration will be given to selling the object in the public marketplace.
4. Appraisals, if required, shall be a matter of written record: a.) No value or under $5,000.00- no appraisal is required; b.) Above $5,000.00 – one outside appraisal is required; c.) Objects valued at $25,000.00 or more – two outside appraisals are required.

E. Method of Disposition.

The disposition of deaccessioned objects shall be in accordance with N.J.S.A.18A:64-78 (Sale of surplus personal property) and applicable College policies/procedures.