麻豆传媒

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, Ramapo College 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 Ramapo College of New Jersey Galleries.

II. Definitions

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

• 鈥淎ccessioning鈥� shall mean the formal process of accepting objects into theGalleries鈥� permanent collection.
• 鈥淏oard of Trustees鈥� shall mean the Ramapo College of New Jersey Board ofTrustees.
• 鈥淐ollege鈥� shall mean Ramapo College of New Jersey.
• 鈥淒eaccessioning鈥� shall mean the formal process of removing an accessionedobject from the permanent collection of the Galleries.
• 鈥淒irect care鈥� for purposes of this section means the direct costs associated withthe storage or preservation of objects of art.
• 鈥淒isposition鈥� shall mean the process of physically removing a deaccessionedobject from the custody of the Galleries by transferring title and custody or, in thecase of false or fraudulent works or works that are irreparably damaged, bydestruction.
• 鈥淒irector鈥� shall mean the Director of the Ramapo College of New Jersey ArtGalleries.
• 鈥淔oundation鈥� shall mean the Ramapo College Foundation.
• 鈥淕alleries鈥� shall mean collectively, the Ramapo College of New Jersey ArtGalleries consisting of the Berrie Center Kresge and Pascal Galleries, RodmanGallery, Potter Library Galleries,and any future such spaces designated by the Provost as galleries.
• “Object鈥� shall mean an item of tangible personal property that has significantaesthetic, historical, cultural and market value, and provides significantopportunities for teaching.
• 鈥淧ermanent collection鈥� shall mean a collection of art objects that is owned andintended to be kept for the long term.

III. General Principles

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

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

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

D. Realizing the potential issues in any deaccessioning, all concerned persons mustattempt to foresee potential uses which the Galleries might have for the materialin question. Due diligence with regard to legal ownership, permanentdocumentation and institutional process should be completed for all objectsconsidered for deaccession.

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

F. No member of the College鈥檚 Board of Trustees, Galleries, Campus ArtCommittee or staff or those whose association with the College might give themadvantage in acquiring the work, shall be permitted to acquire directly orindirectly a work deaccessioned by the Galleries, or otherwise benefit from itssale, trade or other disposition.

G. Deaccessioning must comply with all applicable local, state and federal laws andregulations in force at the time, as well as relevant international conventionsaccepted 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 withother 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 applicablelaw, i.e., the work may have been stolen, illegally exported in violation ofapplicable state and federal laws, or subject to repatriation or other legal claims.

D. The authenticity, attribution or genuineness of the object is determined to befalse 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 andusefulness to the permanent collection.

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

G. The Galleries can no longer adequately care for the object because of continuingspecial requirements for stewardship such as storage, exhibition, orconservation.

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

V. Guidelines

A. Legal and Consensual Considerations

1. Deaccessioning must be in alignment with applicable legal requirementsand College policies.
2. Deaccessioning must comply with all applicable local, state and federallaws in force at the time.
3. Deaccessioning must observe any terms and obligations which pertainedto the acquisition of the work by the Galleries, unless as part of thedeaccessioning procedure it is determined to seek judicial exoneration orrelief for a cy pres order from any consensual restriction.
4. Reasonable efforts will be made to ascertain that there is clear and legaltitle and that the work is free from donor restrictions. Galleries stafffindings and recommendations do not represent a legal audit. In somecases it may be necessary to consult legal counsel, possibly including artlaw specialists, in order to ensure compliance with legal and consensualrequirements.

B. Campus Art Committee

The Campus Art Committee functions as an Art Galleries advisory anddiscussion 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 betransferred to resulting acquisitions where appropriate.

D. Forgeries and reproductions

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

E. Three-Year Disposition

To the extent there is no conflict with any gift agreement, applicable law orregulation, the Galleries will refrain from selling, exchanging, or otherwisedisposing of any donated property for three years after acquisition. In the eventthat a gift having a value in excess of $5,000.00 is disposed of in less than threeyears, the Foundation will file a Donee Information Return (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 withdeaccession.

VI. Deaccessioning Process

A. Recommendation by the Director/Referral to the Director

1. The process of deaccessioning and disposal may be initiated by theDirector or referred by a member of the College community to the Director,who then nominates objects for deaccession after basic research anddocumentation 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 withsupervisory responsibility of the Director, and notify the Executive Directorof the Foundation.
3. The Director shall exercise care to assure that the recommendations arebased on authoritative expertise.
4. In cases where there is not adequate staff expertise, the Director shouldseek and present in writing the opinion of at least one outside expert.
5. In instances where disposition for cash is proposed for thedeaccessioning, the Director shall recommend an upset price; the Directormay modify the recommendation at their discretion; in each instancehaving due regard for the appraisal obtained pursuant to the processdescribed below. The final upset price shall be fixed by whichever entityhas the authority to approve the disposition of the deaccessioned object.

B. Approvals

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

C. Notification

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

D. Disposition of Objects

1. Disposition of objects may vary according to the existing market for: eachtype of object; essential purpose of the deaccession; or, reason for thedeaccession.
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 notpractical, consideration will be given to selling the object in the publicmarketplace.
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 Collegepolicies/procedures.