To the NYHIST-L listserv:
December 10, 2008
TO: Chartered museums and historical societies with collections
FROM: David Palmquist, Head, Museum Chartering
SUBJ: Emergency Regents amendment on collections management
Dear Colleague:
The Board of Regents will consider an emergency amendment to Regents
Rule §3.27 on collections management policies at its December meeting.
The Cultural Education Committee will meet to discuss and act on the
proposed regulation on Monday, December 15, from 2:45 to 4:15 PM, in
Room 146, Education Building, Albany. The meeting is open to the public
but there is no provision for public comments.
If approved in December, the emergency rule would become effective on
December 19, 2008, and would remain in effect for 90 days. We
anticipate presenting the amendment for adoption as a permanent rule at
the March 2009 Regents meeting.
I invite your comments and am prepared to answer your questions.
The full text of the proposed amendment and attachments is on the
Regents web page at:
www.regents.nysed.gov
Click on “Materials for the December 2008 Meeting of the Board of
Regents” then “Cultural Education” and then “Emergency Amendment
of Regents Rule 3.27 Relating to Museum Collections Management
Policies” and select either HTML or Word format.
Best wishes,
David
David W. Palmquist
Head, Museum Chartering
NY State Museum
NY State Education Department
3097 Cultural Education Center
Albany NY 12230
518-473-3131
FAX 518-473-8724
Office e-mail [log in to unmask]
Personal e-mail: [log in to unmask]
Office web site: www.nysm.nysed.gov/charter/
December 1, 2008
TO: Cultural Education Committee
FROM: Jeffrey W. Cannell
Issue for Discussion
Should the Regents adopt an emergency amendment of §3.27 of the Rules
of the Board of Regents, relating to museum collections management
policies?
Reason for Consideration
Implementation of Regents policy.
Proposed Handling
The proposed amendment is before the Cultural Education Committee for
discussion and recommendation to the Full Board for emergency action in
December.
Procedural History
The proposed amendment has been recommended by the State Education
Department and State Museum management to protect collections held by
museums and historical societies in financial difficulty.
Background Information
Regents Rule §3.27 provides standards for chartered museums and
historical societies. Sections 3.27 and 3.30 were first promulgated
effective March 1971, and the Regents added a collections management
policy requirement effective July 1998. The March 2006 amendment
greatly expanded the standards by providing increased oversight for
collections and resources held in the public trust.
In the current financial downturn, museums face deficits that threaten
to cancel programs, cut hours and close doors. A large deficit could
threaten a museum’s existence and send the trustees to court for
bankruptcy protection or other disposition, which could result in a
court-directed sale of all or part of a museum's collection to satisfy
the museum's outstanding debt.
We believe current Regents Rules on collections are inflexible if a
museum faced a sudden, unexpected and critical financial reversal. We
don’t want a major museum to close, and don’t want to lose
collections held in the public trust to debt.
The emergency provisions would apply to chartered museums and
historical societies authorized to own and hold collections under Rule
§3.27, and would:
● Enumerate the specific criteria under which an institution may
deaccession an item or material in its collection.
● Allow the Regents to grant an exception to allow deaccession of
an item or material deemed part of the museum’s collection, by sale or
transfer to another museum or historical society in New York, and allow
proceeds from deaccessioning to be used to pay outstanding debt,
provided the institution demonstrates to the satisfaction of the Regents
that the sale or transfer is necessary to pay outstanding debt that
would otherwise threaten the ability of the institution to continue to
operate and carry out its mission.
● Remove the option allowing an institution to designate a
structure as a collections item; but keep intact any such designation
made by vote of a board of trustees prior to November 15, 2008.
● Specify that no proceeds from deaccessioning may be used for
capital expenses, except to preserve, protect or care for an historic
building previously designated as part of the institution’s
collection, as above.
We will ask constituents to comment on the proposed amendment through a
mailing with cover memo, announcements on web sites, and copies sent to
listservs and electronic mailing lists.
The proposed amendment is being presented for adoption as an emergency
action. A Statement of Facts and Circumstances Which Necessitate
Emergency Action is attached.
Recommendation
It is recommended that the Board of Regents take the following
action:
VOTED: That paragraph (7) of subdivision (a) and paragraphs (6)
and (7) of subdivision (c) of section 3.27 of the Rules of the Board of
Regents be amended, as submitted, effective December 19, 2008, as an
emergency action upon a finding by the Board of Regents that such action
is necessary for the preservation of the general welfare in order to
protect the public’s interest in collections held by a museum or
historical society in financial distress by immediately establishing
procedures to permit the institution, with the approval of the Board of
Regents, to sell or transfer items or material in its collections to
another museum or historical society for purposes of obtaining funds to
pay outstanding debt, and thereby provide an alternative to the
institution's bankruptcy or dissolution, and the possible loss or
liquidation of a collection because of debt.
Timetable for Implementation
If approved in December, the emergency rule would become effective on
December 19, 2008 and would remain in effect for 90 days. It is
anticipated that the proposed amendment would be presented for adoption
as a permanent rule at the March 2009 Regents meeting.
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