Collections Management Policy

Transcription

1 National Law Enforcement Museum of the National Law Enforcement Officers Memorial Fund Collections Management Policy Submitted for the Approval of the National Law Enforcement Officers Memorial Fund Board of Directors July

2 Contents Table of Contents Page I. Introduction A. Statement of Purpose. 5 B. Museum Mission Statement.. 6 C. Delegation of Authority. 6 D. Scope and Nature of the Collections.. 6 i. Description of the Collection. 7 ii. Types of Media Collected.. 8 iii. Collecting Plan... 9 II. Acquisitions A. Authority to Collect 10 B. Criteria for Acquisitions. 10 C. Terms of Acquisition.. 11 i. Acquisition by Gift, Exchange/Transfer, or Bequest. 12 ii. Acquisition by Purchase. 13 iii. Acquisition through Abandonment 14 iv. Acquisition through Found in Collection 14 D. Transfer of Legal Title 15 v. Internal Revenue Service Requirements. 15 vi. Acknowledgment 15 vii. Appraisals 15 E. Ethics of Collecting. 16 viii. Stolen Collections. 16 ix. Illicitly Exported Collections.. 16 x. Repatriation of Illicitly Exported Collections. 17 xi. Forgeries and Falsified Documents. 17 xii. Staff, Council, and Board Personal Collections.. 18 F. Accessioning Procedures. 18 III. Deaccessions A. Deaccessioning Criteria B. Deaccessioning Guidelines. 20 C. Deaccessioning Approval 21 D. Disposition of Deaccessioned Collections.. 22 E. Approved Methods of Disposition F. Procedures for Permanent Removal of Deaccessions.. 22 G. Procedures for Internal Transfers of Deaccessions.. 23 IV. Loans of Collections To and From the Museum A. Overview of Guidelines. 23 i. Condition Reports

3 ii. Insurance 24 iii. Approval to Loan or Borrow Collections.. 24 iv. Monitoring Loans.. 25 v. Courier Policy 25 B. Outgoing Loans of Collections.. 25 C. Incoming Loans of Collections.. 26 D. Objects Temporarily in the Custody of the Museum. 27 E. Personal Collections V. Care of Collections A. Museum Collections Environment 28 B. Pest Control C. Object Handling 29 D. Conservation. 29 E. Insurance and Risk Management.. 29 VI. Collections Control and Access A. Access to the Collections 30 i. Access to Collections Objects 30 ii. Institutional Access to Collections. 31 iii. Intellectual Access to Collections.. 31 iv. Access via Exhibitions and Programs 31 v. Access to Collections by Appointment. 32 vi. Access to Collections in Storage 32 vii. Access to Collections Through Loans Program. 32 viii. Release of Collection Information. 32 ix. Access Procedures.. 33 B. Collection Photography.. 33 i. Photography, Duplication, and Reproduction of Collection Materials 33 ii. Photography of Loaned or Limited-Use Materials.. 34 iii. Use Fees.. 34 iv. Copyright 34 C. Collections Inventory. 35 D. Documentation of Loans and Acquisitions. 35 i. Acquisition and Loan Records 36 ii. Forms.. 36 iii. Emergency Procedures 36 VII. Collections Staff Responsibilities A. Curators B. Registrar.. 37 C. Conservator. 38 3

4 VIII. Code of Ethics Regarding Collections 40 IX. Review of Collections Management Policy and Public Disclosure 40 A. Policy Review and Revision 40 B. Exceptions and Waivers.. 41 C. Compliance.. 41 D. Public Disclosure. 41 X. Definitions

5 I. INTRODUCTION The National Law Enforcement Museum (Museum) was established by an act of Congress in 2000 as the nation s most comprehensive museum honoring the duty and sacrifice of America s law enforcement officers. The material culture of law enforcement that forms the basis of the collection of the Museum tells the stories, experiences, and histories of all law enforcement. The majority of the objects in the Museum s collection have been donated by organizations, agencies, or individuals who are directly involved with law enforcement or in the interpretation of law enforcement in broader society. Those objects often are imbued with emotion, personal meaning, and historical importance. When materials relate directly to fallen officers, it is imperative that the Museum and its staff are mindful of their relationship to those officers, as well as the survivors, and in all dealings demonstrate sensitivity and respect as well as an awareness of the significance of these artifacts. A. Statement of Purpose The purpose of this document is to set forth guidelines for a Collections Management Policy, which defines all activities related to the stewardship of the collection, as well as the procedures for ensuring excellence in the collection s continuing growth and development. The realization of these policies shall be the responsibility of the professional staff of the Museum as delegated by the Board of Directors of the National Law Enforcement Officers Memorial Fund (Fund) overseen by the Museum Leadership Council (MLC). At all levels, the highest ethical practices and professional standards, which have been defined by the larger museum community, shall prevail, and all collection activities shall be guided by appropriate legal interpretation of international treaties, Federal statutes, and laws of the District of Columbia. The Fund supports and follows the American Association of Museums (AAM) Code of Ethics for museum professionals. The policies and procedures set forth in this document shall be guided by several basic principles; chief among them is that the activities related to the maintenance and development of the collection stand in support of the mission of the Museum. Further, the policy is directed by a respect for the past and the history that the Museum portrays, a desire to responsibly enhance the collection, and the active pursuit of opportunities to build, improve, and appropriately utilize the collection. It is understood that the procedures outlined in the ensuing pages will be revised as appropriate, and in accordance with the procedures set forth below, to serve the needs of the collection and the Museum. B. Museum Mission Statement 5

6 The mission of the National Law Enforcement Museum is to tell the story of American law enforcement through exhibits, collections, research, and education. The Museum dynamically engages the broadest possible audience in this story in an effort to build mutual respect and foster cooperation between the public and the law enforcement profession. By doing so, the Museum contributes to a safer society and serves to uphold the democratic ideals of the U.S. Constitution. C. Delegation of Authority The Museum Leadership Council (MLC), a Committee of the NLEOMF Board of Directors, is, among other things, responsible to the Board for the oversight of the collections and collection-related activities of the Museum. This oversight Council consists of Board and non-board members and is charged, among other responsibilities, with reviewing, modifying, and approving the collections policies proposed by the staff. The Council, through the policies, defines the scope of what is to be collected, sets the standards for care, conservation, and loan of objects, and approves the accessioning and deaccessioning of collection materials. The MLC meets at least twice annually, with subcommittees convening from time to time to facilitate the oversight of the Museum. For any action of the Council, a quorum (one-third of the Council) must be present and a majority vote by the quorum (no less than three) is required. In instances where a judgment must be rendered prior to the next meeting, an emergency meeting will be called giving members at least five (5) calendar days notice before the meeting. At the discretion of the chairperson, committee members may participate in a meeting by telephone or video conference, as provided in the bylaws of the Board of Directors. On a day-to-day basis, the authority to act, in keeping with the established and approved policies, is vested in the Collections staff as delegated through the Executive Director from the Board of Directors. D. Scope and Nature of the Collections Central to the mission of the Museum is the program to collect, preserve, and make available to the public the historical record of law enforcement of the original 13 colonies and the United States of America. The curatorial staff plays a key role in implementing this program with responsibilities for different aspects of the collection that supports the Museum s wide-ranging efforts in the areas of research, exhibition, and education. The Museum intends to become one of the largest and most comprehensive law enforcement museums in the United States and to be a significant resource for the study of law enforcement history, safety, and significance in the United States. The Museum s collections support its goals in large part through exhibition and educational programs. Collections also provide resources for scholars and general 6

7 researchers. The following precepts are thus expected to inform the development and growth of the Museum collection. a. To ensure its preservation, the Museum s collection will be extensive enough to allow for the regular rotation of objects on exhibition. b. The collections must be broad enough to tell as many law enforcement stories as possible, thus satisfying the many components making up the American law enforcement community. c. The Museum recognizes the need to serve as a repository for evidence in noted criminal investigations. Many of these cases demonstrated important processes, and procedures, and advances in law enforcement and much of this material has been destroyed, in large part because of the lack of a suitable repositories. The Museum intends to selectively collect these kinds of materials. d. The collection must support the law enforcement related interests of constituencies, stakeholders, and audiences that go beyond the law enforcement community. Such groups may include, but are not limited to, the general public, school children, and scholars. The Museum recognizes that each audience has different needs, learning styles, and expectations. e. The Museum recognizes that those who work in law enforcement may provide the best witness to the work accomplished. As a result, the Museum will collect, as well as create, oral histories of law enforcement practitioners. Oral histories are not restricted to law enforcement practitioners, but could also extend to witnesses, victims, and criminals. f. The Museum may collect original works of art. With the exception of the Memorial Collection, however, it will not collect original works of art created following a law enforcement officer s death. Other memorial artwork may be collected under exceptional circumstances. i. Description of the Collection. The Museum s collection is represented by a broad range of subject areas including, but not limited to: Law enforcement safety Important historic law enforcement events, crimes, and figures, from the 17 th century through the present. The Museum focuses on the law enforcement officer, not the criminal, but will acquire objects related to particular crimes and criminals that provide insights into the roles played and challenges faced by law enforcement officers over time. Tools and equipment used by law enforcement officers Rare and unusual items that provide insight into a particular aspect of law enforcement work or a law enforcement event Training of law enforcement officers Investigative and crime-solving methodologies Technological and scientific advances in crime investigation History of corrections, jails, and prisons 7

8 Media and entertainment industry portrayals of law enforcement Fictional detectives and law enforcement officers History of law enforcement, including law enforcement agencies Law enforcement ethics Laws, rules, regulations, and reforms in law enforcement, specifically in the United States of America, but with an acknowledgement to select historic European precedents on which American law enforcement is based. ii. Types of Media Collected The Museum collects material culture that tells the contemporary and historical stories of law enforcement, its portrayal in media and by the entertainment industry. The Museum will work cooperatively with other law enforcement museums and collecting institutions in an effort to avoid competition and redundancy in collection areas whenever possible. The focus of the Museum s collecting efforts, therefore, is on original materials that tell the story of law enforcement in the United States of America. Those types of materials include, but are not limited to: Art drawings, paintings, prints, sculpture, artistic posters, and other creative works Audio and video interviews (oral histories) Books, pamphlets, manuscripts, and transcripts Film, video, and audio recordings Musical recordings and scores Photographs, photo albums, transparencies, and negatives Textiles uniforms, costumes, clothing, patches, armbands, flags, and banners Textual records agency documents, legal proceedings, institutional records, personal papers, diaries, memoirs, and correspondence Three-dimensional objects personal effects, furnishings, architectural fragments, ritual objects, badges, jewelry, numismatics, models, machinery, tools, equipment, and tools of the trade Works on paper books, magazines, pamphlets, broadsides, announcements, advertisements, posters, and maps iii. Collecting Plan The Museum s collection has and will continue to grow as a result of solicited and unsolicited donations from private individuals, institutions, specific Museum projects and programs, and purchases. Targeted efforts will be aimed at collecting from individuals within certain lawenforcement communities and police collectors who own materials that should be reflected in the Museum s holdings. Other relevant materials, including digital or microform materials, may be acquired by the research 8

9 center, but these materials may not be included as part of the historical collections of the Museum. A healthy combination of original and reference materials will, therefore, provide law enforcement professionals, scholars, students, curators, writers, artists, and the general public with appropriate and relevant materials. It is anticipated that, with the opening of the museum, researchers will arrive at the Museum to pursue law enforcement research and study. The research center will undertake microfilming projects in various local, regional, and national archives and institutions so that appropriate materials can be on hand for intensive scholarly research. The centerpiece of the Museum is the Core Exhibition (CE), a 16,000 square foot presentation which contains several thousand objects, documents, photographs, works of art, films, and videos. Many of the materials presented in the CE cannot sustain the effects of long-term installation and must be rotated with identical or similar artifacts to ensure a seamless continuity in the story presented, and, at the same time, to ensure the safety of the artifacts. A significant aspect of the Museum s collecting effort, therefore, is devoted to finding and acquiring suitable replacements for objects in the CE. The Museum maintains, as part of its accessioned collections, the Memorial Collection, which includes objects collected from the Fund s Memorial Wall primarily during annual Police Week commemorations. Further, in addition to objects acquired for CE and collection purposes, the Museum maintains separate collections such as the Fund Archives, which includes institutional documents and objects; and the Education Resource Collection, comprised of objects identified for use in Museum educational programming activities. The Museum maintains a special exhibitions schedule for changing inhouse and, eventually, traveling exhibitions. When surveys of the current holdings the Museum suggest gaps in collecting, staff will pursue acquisitions within those subject areas. It is acknowledged that special exhibitions will draw upon the resources of the Museum, as well as identify and borrow materials held in private collections and other institutions. As a result of the identification and location of relevant materials, which are then borrowed for exhibition purposes, the Museum s staff will actively pursue donations from exhibition lenders when appropriate. Collecting efforts respond to and take advantage of various activities that involve the Museum, survivors of fallen officers, other law enforcement associations, interest groups, and the scholarly community. Conferences, meetings, reunions, and other special programs present significant 9

10 opportunities to identify potential acquisitions. Museum staff will establish a visible presence at such events and provide occasions for potential donors to become involved with the Museum, learn of its programs, and develop the confidence to donate collections. These opportunities also identify other potential donors and/or areas for collecting that are pursued as staff time and funds are available and priorities are identified. While the parameters of the Museum s collecting mandate are wide and document a broad historical period, collecting efforts must reflect institutional needs and priorities, and must be responsive to opportunities for growth and development of various aspects of the collection. On a periodic basis, the Museum will assess its needs in terms of collecting, and will create a collecting plan that will allow for the accomplishment of established goals. This plan will continue to be reviewed and revised, as appropriate, every 5 years. II. ACQUISITIONS A. Authority to Collect The acquisition of materials is fundamental to the mission of the Museum in fulfilling its mandate to be the premier national institution for the documentation, study, and interpretation of law enforcement history. Due to the value of these materials, the Museum makes every effort to build its collection through donations. Subject to the provisions of this policy, the authority to collect materials for the Museum s collection is vested in the Museum Leadership Council and delegated to the Executive Director. The continued development and enhancement of the collection is the primary responsibility of the Museum s curatorial staff with the curatorial staff recommending materials for acquisition consideration to the Executive Director within their areas of specialization. B. Criteria for Acquisitions All potential acquisitions shall be evaluated according to the following criteria. Interpretive value and exhibition potential: The item must fit one of the collecting areas listed above and fill current needs in the core exhibition or a planned changing exhibition, or the item must fit one of the collecting areas and will add to future generation s understanding of current issues in law enforcement. OR Significance, uniqueness, or research potential: The item must fit one of the collecting areas listed above and must offer insights into an aspect of law enforcement that would be of interest to scholars and researchers or not otherwise be available and accessible. 10

11 The Museum s ability to care for object: The Museum must be able to care for the item adequately and permanently, including storing, protecting, preserving, documenting, and accounting for the item under conditions that ensure its availability for Museum use and are in keeping with professionally accepted standards. Provenance: Adequate provenance must be established to the satisfaction of the Executive Director. If adequate provenance is not established, exceptions can be made and the Executive Director may accept the object for the collection only if a written explanation is included in the object record. Title: Clear title must be established and be able to be transferred to the Museum, with no restrictions as to use or future disposition. Copyright: Copyright ownership must be determined for any materials acquired prior to their use. The Museum will not accept for, or accession into, its collections, unless under special circumstances, which will be evaluated on a case-by-case basis, the following: Items or artworks created after an event to memorialize that event Items that glorify the criminal and do not provide insights into law enforcement Items that present a clear danger to people and/or property Natural history, food, liquids, and living collections Human remains Items that are associated with funerary objects requested for repatriation by a known lineal descendant of the Native American or of the tribe that is culturally affiliated with said remains or objects. The Museum adheres to the Native American Graves Protection and Repatriation Act (NAGPRA). Items that would represent a violation of international treaty or agreement or the laws of the United States of America, the District of Columbia, and Maryland Items in poor condition or for which extensive conservation or restoration work will be needed, unless their uniqueness or interpretive or research value of exhibition potential outweighs the cost of providing adequate care Items that unnecessarily duplicate other works in the collection Items with conditions or restrictions as to use or future disposition, except in extraordinary circumstances Items for the purpose of sale or exchange, although the Museum may accept materials not to be accessioned for the specific purpose of sale, with proceeds of the sale being restricted to collection acquisition or direct care of the collection C. Terms of Acquisition Materials may be acquired by means of gift, purchase, bequest, exchange, transfer, or abandonment. The Museum is not obligated to accept any item or collection that is not appropriate for its collection. No materials will be knowingly or willingly accepted or acquired that were collected in contravention of any applicable federal, state, or local laws. No object 11

12 will be acquired if it is suspected or known to have been stolen from a museum, collector, dealer, or specific site. The Museum will not accept objects where there is reasonable cause to believe that the circumstances of their collection involved needless destruction of historic sites, structures, habitats, districts, and objects, or is in violation of applicable U.S. importation laws. No unauthorized staff, or any member of the MLC or any Board of Directors or MLC committee may obligate the Museum to accept any material. The acquisition of all materials will be unrestricted unless any proposed restrictions are reviewed by the Executive Director and approved by the MLC. No commitment will be made as to exhibition, interpretation, or placement of the object. The Museum does not accept materials that limit its ability to accomplish its institutional mission or that could jeopardize its reputation. It is a basic principle that, for the collection, the Museum will accession for long-term use and preservation the objects it acquires. However, no guarantee will be made that any acquisition will be retained in perpetuity. In such instances where the Museum agrees to retain an acquisition in perpetuity, the Executive Director and MLC will review and recommend action with regards to the approval of the agreement. i. Acquisition by Gift, Exchange/Transfer, or Bequest The policies, procedures, and considerations for all proposed donations will be the same as set forth above. The acceptance of gifts or bequests will be left to the discretion of MLC, who make recommendations to the Executive Director. Under the following circumstances, however, the proposed gift or bequest must be reviewed by the Executive Director, with recommendations to the MLC and approval by that body: an offer is made with restrictions or conditions that require an institutional consideration; the size or condition would require a request for additional resources for storage or significant conservation; or a gift is offered by a member of the staff, MLC, or other parties that falls outside the stated collecting mandate. In such instances, the Executive Director or designee will make a recommendation to the MLC who will consider the proposal for presentation and final determination by the MLC at its next meeting. All donations are considered outright, unconditional gifts to be used at the discretion of the Museum without restrictions, except in those instances where the Museum has expressly accepted a donation subject to conditions. Such conditions must be clearly stated in the instrument of 12

13 conveyance (e.g., deed of gift, letter of agreement, use and copyright agreements, etc.). A complete record of all such conditions shall be maintained in the Museum s permanent accession record of the item, with a notation prominently affixed to the paper file and a note made in the electronic file. The Museum, on occasion, may accept donations of objects for which the donor has retained the copyright. In such instances, this will be stated in the deed of gift. Even in such instances, however, the Museum is to strive to attain free and unlimited use of the donated materials for institutional activities. When collections offered for donation are not accepted, the Museum may suggest appropriate repositories for the donation, as long as the recommendation or referral does not discredit or demean the Museum. It is important to avoid any personal or organizational conflict of interest situations, or even the appearance of any conflict of interest. Consequently, in an instance where a Board of Directors member, MLC member, other Board committee member, or any organization in which the member is an officer, has a direct financial interest in the acquisition by gift of materials for the collection, the following procedure shall be followed: the individual with the direct financial interest must, upon realization of such an interest, immediately disclose this fact to the Chair of the MLC and the Executive Director. The individual must then recuse him- or herself from any further participation in the transaction. The Chair of the MLC will present the matter for review and approval by the MLC prior to the completion of the transaction. ii. Acquisition by Purchase The policies, procedures, and considerations for all proposed purchases will be the same as those set forth above. In addition, the following factors must be considered: Must the object or collection be purchased or might it or a similar object be obtained by loan, gift, or bequest? Is the price fair and reasonable? Does the purchase appear merited when compared to other requests? During each year s budget planning process, the Executive Director, in consultation with curatorial staff, will present the Museum s proposal for that year s artifact acquisition scope and budget to the Programs Committee and the MLC. The MLC will then recommend budget authority to the full NLEOMF Board for approval, as part of that fiscal year s budget. Once approved by the Board, the Executive Director will be given the authority to decide what artifacts should be acquired, within the budget scope, up to 13

14 $10,000. The Executive Director shall report to the MLC on any major acquisitions that are made. For purchases over $10,000, the Executive Director will make a recommendation to the NLEOMF Chairman, who must approve the recommendation before the artifact can be purchased. For any purchases that materially exceed the budget authority for the year, the Executive Director, in consultation with the NLEOMF Chairman, will seek approval for the purchase from the MLC and the full NLEOMF Board. The purchase agreement or invoice must include the vendor s name and contact information, and must list exactly what is being purchased, the purchase price, and terms of payment. The Museum will make every effort to acquire all copyright as legally permissible at the time of purchase. A signed purchase order or approved invoice, signed by an authorized Museum employee, will serve as the legal instrument of transference. It is important to avoid any personal or organizational conflict of interest situations, or even the appearance of any conflict of interest. Consequently, in an instance where a Board of Directors member, MLC member, other committee member, or any organization in which the member is an officer, has a direct financial interest in the acquisition by purchase of materials for the collection, the following procedure shall be followed: the individual with the direct financial interest must, upon realization of such an interest, immediately disclose this fact to the Chair of the MLC and the Executive Director. The individual must then recuse him- or herself from any further participation in the transaction. The Chair of MLC will present the matter for review and approval by the Fund Executive Committee prior to the completion of the transaction. iii. Acquisition through Abandonment For the purposes of this policy, abandoned items are objects, documents, and photographs that come into the possession of the Museum without an identifiable owner. In general, such items are presumed to have been donated to the Museum. Items left at the National Law Enforcement Officers Memorial during National Police Week are presumed to have been donated to the Museum. If the items are not collected, they will be respectfully disposed of. At times other than Police Week, items left at the National Law Enforcement Memorial without any identification of the owner or any statement regarding the owner s intent are also presumed to have been donated to the Museum. The Museum may accession abandoned items, but is under no obligation to do so. If the items are not wanted for the 14

15 collection, they may be transferred, sold, or otherwise respectfully disposed of. iv. Acquisition through Found in Collection Title is presumed due to the possession of items that have been in the custody of the Museum for at least five (5) years, are not documented as loans, and for which the Museum cannot prove ownership. Documented good-faith efforts must be made to locate and contact the donor or the donor s heirs of such items, if they are known. The accession record will reflect all efforts to find the donor or heirs and note that the item was found in the collection. D. Transfer of Legal Title The Museum s deed of gift is required for all gifts and must be signed and dated by the legal owner(s) or authorized agent(s) and countersigned by an authorized representative of the Museum. Exceptions to the deed of gift requirement may be allowed upon review and approval by the Executive Director and the Fund s legal counsel. A letter from the originating institution is required for all transfers and must be signed by an authorized staff member of that institution. For bequests, all release or receipt of object documents must be forwarded to the Registrar for processing, after consultation and signature of the Museum s legal counsel. A purchase order or invoice approved and signed by the Executive Director or designee is required for all purchases. v. Internal Revenue Service Requirements Any Internal Revenue Service (IRS) form 8283 for non-cash charitable donations will be signed on behalf of the Museum by the Executive Director or designee. vi. Acknowledgment All donations will be acknowledged with a letter of appreciation from the Fund s CEO accompanied by a countersigned copy of the deed of gift. vii. Appraisals 15

16 Under no circumstances will Museum staff provide an appraisal of objects or reveal the value assigned to an object by the Museum. Requests for exceptions to this prohibition must be submitted to the Fund s Counsel. The Museum will not pay for an appraisal or reimburse a donor for appraisal costs, unless it is determined by the Executive Director and recommended to the CEO to be in the best interests of the Museum to do so. Such matters will be presented to the MLC for review and approval in advance of making such a commitment. Museum staff will provide several names of appraisal associations and will make every effort to provide access to the materials, if already in the Museum s custody, to independent and/or IRS appraisers. An appraisal is not a requisite for acceptance of a donation. However, if a donor has obtained an appraisal from an independent appraiser, the Museum will request copies of the appraisal for its permanent records. All objects are acquired through the conveyance of title from the owner of the materials to the National Law Enforcement Museum of the National Law Enforcement Officers Memorial Fund. E. Ethics of Collecting The National Law Enforcement Museum is grounded in the tradition of public service and holds its collection and information as a benefit for those it was established to serve. In its collecting activities, the Museum holds it of paramount importance to follow ethical modes of conduct as stipulated by the museum and scholarly communities, and to adhere to all applicable local and federal laws of the United States. Ethical or legal questions regarding the acquisition of a collection most often arise in the cases of stolen, improperly collected, or illicitly exported objects. viii. Stolen Collections The Museum will not purchase or accept as a gift or loan any object known or suspected to have been stolen from a museum, collector, dealer, or specific site. When the legal status of an item is in question, it is the responsibility of the Museum to attempt to establish its provenance. In these circumstances, the Museum must make all reasonable inquiries of the appropriate institutions and/or government agencies, both foreign and domestic, to determine if the Museum can obtain clear and unrestricted title if a purchase or gift is contemplated, or that a proposed lender has clear title at the time the loan is undertaken. When an item offered to the Museum for purchase, gift, or loan is stolen property, all pertinent facts must be reported to the Executive Director at 16

17 the earliest opportunity, who will then notify the Museum Leadership Council, legal counsel, and the appropriate authorities. ix. Illicitly Exported Collections The Museum will not acquire any item illegally obtained, removed, or imported, including stolen or endangered items, and will endeavor to abide by the guidelines provided by the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property. The Museum will not acquire collections that it suspects were exported in violation of the laws of their countries of origin. The Museum will consider as valid the laws in place in the countries of origin at the time of the documented appearance of the object in the United States. When questions arise, the Museum will consult the appropriate foreign authority as to the proper course of action. If there is significant reason to believe that an object was exported in violation of local law, the country of origin will be informed of the potential acquisition and asked to provide relevant information. In this situation, potential vendors and donors must be informed of this policy. The Museum also will abstain from purchasing or otherwise acquiring objects that it knows or suspects are in any way in contravention of treaties and international conventions to which the United States is a signatory. x. Repatriation of Illicitly Exported Collections If the Museum acquires an object that is part of a cultural patrimony in a manner that is inconsistent with this policy, it will seek to make equitable arrangements for the return to the country of origin if it is legally free to do so. xi. Forgeries and Falsified Documents The Museum acknowledges that fakes and forgeries of various law enforcement items exist. When such materials are offered to the Museum as the actual historical object, the owner/source will be notified immediately of any inauthenticity. Any items that are determined to be fakes or forgeries may be accessioned into the collection as a fake or forgery as such information furthers scholarly understanding and aids other researchers in identifying such materials. In all instances, such fakes or forgeries will be cataloged, identified as a fakes or forgeries, as 17

18 appropriate, in all records, and used for reference or for authentication of future acquisitions. There may be circumstances regarding the authenticity or accuracy of certain collection materials that might result in the materials remaining a part of the permanent collections. Such situations will be considered on a case-by-case basis. xii. Staff, Council, and Board Personal Collections If a member of the MLC or the Fund Board of Directors, or staff members own and/or wish to sell items that fall within the Museum s collecting areas that are over $500 in fair market value or have significance to the law enforcement community whatever their market value, then they must offer the Museum the right of first refusal to buy the item at fair market value. If the Museum decides not to purchase the item, the Fund Board of Directors member, member of the MLC, or staff member may then sell the item. At all times such transactions must be transparent and part of the Museum s public record. Dealing in law enforcement items by members of the MLC, Fund Board of Directors, or staff members is expressly forbidden. Dealing is defined as extended and prolonged buying and selling of items, activity publicly promoted as buy-sell, activity so extensive or frequent that it warrants a dealer tax number, or a shop, address, or bank account dedicated to the buying and selling activity. F. Accessioning Procedures Accessioning is the formal process used to permanently accept and record an item as a collection object. The Museum s Registrar will be notified of an incoming collection or of the receipt of an incoming collection, and will follow established accessioning procedures as defined by the Museum s Policies and Procedures for Accessioning (add as appendix) The Registrar will make the necessary transportation arrangements for the safe and secure shipment of the collection to Museum storage if the object is not currently on Museum premises. In certain instances, and in consultation with the Registrar, it may be necessary for a Museum staff member to make the appropriate arrangements for shipment. Customarily, upon the arrival of a donation, a receipt is issued, pending a final determination by Museum staff as to whether or not to retain the collection and a receipt file is created. The donor and Registrar each keep the appropriate copy of 18

19 the receipt. Depending on the circumstances, it may prove necessary and appropriate to issue a deed of gift immediately, bypassing the receipt. When a collection is received by the Registrar, it is recorded with a brief description in the hard copy receipt folder, and is numbered using a sequential receipt number (RXXX). The Registrar unpacks the collection and completes an initial condition report with sketches or photography as needed, identifies the collection with the receipt number, and assigns a temporary storage location. All appropriate registration files, manual and electronic, are updated with this information. If the collection is to be acquired based upon the recommendation of a Museum staff member, with the approval of the Executive Director, the Registrar issues a letter to the donor acknowledging receipt of the collection and includes a deed of gift for the donor s signature. If the collection is not acquired, the Registrar notifies the donor that the collection will be returned. Every reasonable effort will be made to respond to the donor as expeditiously as possible. Upon receipt of a signed deed of gift, the deed of gift is countersigned by the Executive Director or Designee and a copy, with an acknowledgment letter from the Fund CEO, is sent to the donor. Once a deed of gift or approved purchase document is received by the Registrar, the collection is assigned an accession number by the Registrar or designee. The accession number is a sequential number that indicates the year, and the order the collection was accessioned in that year. The permanent accession number is recorded in the Collection Management database, and is temporarily affixed to the collections object, with permanent tagging assigned to a conservator. An accession file is created to house the official record of the acquisition. All registration files, both electronic and paper, are updated with the Museum accession number. All accessions are reported to the Fund s Development Department on a quarterly basis. The deed of gift is retained in the accession files along with any other relevant documentation, which include, but are not limited to: 1) Copy of accession record 2) Catalog worksheet 3) Deed of gift 4) All correspondence relating to the accession 5) Object condition report 6) Any other information, including memos, receipts, photographs, and research materials 7) A copy of the completed catalog record III. DEACCESSIONS 19

20 Deaccessioning is the formal process used to permanently remove an object from the Museum s collection. It is a basic principle that objects in the Museum s collection should be retained permanently. Deviations from this basic principle should occur only on an extraordinary basis. However, the Museum recognizes that its collection may occasionally be refined and strengthened by the wise and judicious removal of previously accessioned materials from the collection. In all instances where a deaccession is considered, it is imperative that the uniqueness of the Museum and its collection be considered. A. Deaccessioning Criteria Material may be considered for deaccessioning for one or more of the following reasons: It no longer falls within the collecting scope of the Museum. It has deteriorated to a point rendering it useless for exhibition or study. It has been determined to be inauthentic. Maintenance and storage are beyond the Museum s reasonable capacities or are determined not to be commensurate with the artifact s importance to the collection. It is discovered that the artifact was stolen or was illegally exported from its country of origin. It contains hazardous elements or material making disposal necessary for the safety of the staff and/or the remainder of the collection. Excessive duplication of artifacts that transcends the needs of the institution. The item is part of human remains or associated funerary objects requested for repatriation by a known lineal descendant of the Native American or of the tribe that is culturally affiliated with said remains or objects. Materials that are appropriate for donor files, research files, or institutional archives. B. Deaccessioning Guidelines All deaccessions must comply with the following guidelines: The Museum will not deaccession any item that has been a formal, accessioned part of the collection for less than two years, unless it presents a clear danger to people or property or falls within one of critical deaccession guidelines as stated above. The Museum has clear and unrestricted title. No legal restrictions exist prohibiting or restricting the deaccessioning. All applicable federal property management regulations and procedures will be followed. Any relevant religious sensibilities will be considered. Accession files must be as complete as possible and must contain appropriate visual documentation of the materials. These files shall be maintained by the 20

21 Registrar as part of the permanent record and relevant information pertaining to the deaccession shall be retained in the accession files. The signed original form for recommendation for deaccessioning will be retained in the permanent accession file of the Registrar. It is important to avoid any personal or organizational conflict of interest situations, or even the appearance of any conflict of interest. Consequently, in an instance where any organizations or individuals affiliated with the Fund Board or MCL and committees or their agents whose association with the Museum might offer the member personal gain or advantage regarding deaccessioned material, shall be prohibited from acquiring, directly or indirectly, material deaccessioned by the Museum, or otherwise benefiting from its sale, trade, or destruction. When such a situation arises, the following procedure shall be followed: the individual with the direct financial interest must, upon realization of such an interest, immediately disclose this fact to the Executive Director and the Chair of the MLC. The individual must then recuse him- or herself from any further participation in the transaction. The Chair of the MLC will present the matter for review and approval by the Executive Committee of the Board of Directors prior to the completion of the transaction. Deaccessioned artifacts may not be sold in NLEOM retail outlets. The MLC, following recommendation from the Executive Director, will determine if the Museum s name or donor credit will be associated with the sale, trade, or donation of any collection. Before deaccessioned items are considered for sale, they should first be offered for internal education department use. Following that, items should be offered to appropriate educational institutions. If the method of disposal involves another institution, that institution will be required to enter into an agreement that indicates how the Museum and/or original donor must be credited in conjunction with the use of the deaccessioned object; that the recipient institution must notify the Museum in the event that the object is to be permanently removed from that institution; and that the Museum will have a right of first refusal to reacquire the object(s). Any object that is recommended for sale or exchange must be appraised by at least two reputable appraisers prior to the decision to deaccession. Although the original donor no longer holds any legal control over items in the Museum s collection, the Museum may notify the donor or heir(s) of its intention to dispose of such items, but is under no obligation to do so. Proceeds from the sale of deaccesioned items shall be used only for future acquisitions for the collection and direct collection care. If the value of the deaccesioned item does not make it a candidate for singular and immediate sale or exchange, it may be held until a quantity of such items can be accrued for sale or trade collectively. C. Deaccessioning Approval 21

22 Items in the Museum collection will be deaccessioned only upon recommendation of the Executive Director and approval by the Fund CEO with approval of the MLC. The MLC will report all transactions to the Board. D. Disposition of Deaccessioned Collections Objects permanently removed from the collection are to be disposed of in accordance with the following principles: The process should be straight-forward, and transparent. The manner of disposition chosen must comply with all applicable laws, rules, regulations, and be in the best interests of the Museum, the public it serves, the public trust it represents in owning the collection, and the scholarly and scientific communities it represents. The manner of disposal will be considered individually for each transaction. Primary consideration will be given to transferring the object to another division within the Museum, and then through donation, exchange, or sale to another tax-exempt public institution whose mission is law enforcement education wherein it may serve a valid purpose in research, education, or exhibitions. If an object has been determined to be inauthentic, care must be taken in considering disposal to ensure that the object does not resurface and deceive others. E. Approved Methods of Disposition The following constitute acceptable methods of disposing of a deaccessioned object, except as may be otherwise required by federal law or regulation: Transfer to another division within the Museum where the object can be utilized for educational purposes. Donation to a peer museum or cultural institution that intends to make the object generally accessible to the public, with the Museum retaining the right of first refusal if the recipient institution disposes of the object. Exchange with another museum or cultural institution for an object to be accessioned into the collection. Return to the donor if known and living, with notification concerning possible tax ramifications. Sale to another museum or cultural institution, or, when appropriate, by public auction. Financial compensation received from the sale of collection artifacts shall be used exclusively for the purchase of materials for the Museum s collection and direct collection care. The original donor s name will be connected to any resources realized from the sale as appropriate. The sale of Museum objects is highly discouraged and should be considered only when the other alternatives are not available. Witnessed and documented destruction when the artifact has deteriorated beyond its useful life or when it presents a hazard to Museum staff or other collection objects. This method will be used only as a method of last resort. 22

23 F. Procedures for Permanent Removal of Deaccessions When a deaccession that will remove an object from the Museum collection is proposed, the following procedures will be used: Any such deaccession will be presented by the recommending curator to the Executive Director with all relevant documentation and comprehensive recorded discussion of the reasons for such proposed deaccession. The Executive Director or designee will present the proposed deaccession to the Museum s legal counsel for review and approval Following legal review, the proposed deacession is then presented to the Executive Director for review and recommendation to the MLC. The presentation will include all known information about the object including provenance; the history and/or circumstances surrounding its acquisition; any conditions or restrictions of the acquisition, exhibition, and/or publication history; relevance to the collection; information about related and/or parallel objects in the collection; and justification for the deaccession. The presentation also will include a proposal for disposition. Following approval to proceed, the MLC will consider a proposal and will make a final recommendation to the Executive Committee of the Board of Directors for approval. Only if such approval is given can the deaccession proceed. The MLC and Executive Director will be notified of action taken by the Executive Committee of the Board. G. Procedures for Internal Transfers of Deaccessions When a deaccession is proposed that will remove an object from the permanent collection by transfer to donor or research files, or institutional archives, the following procedures will be used: Any such deaccession will be presented by the recommending curator to the Executive Director with all relevant documentation and comprehensive recorded discussion of the reasons for such proposed deaccession. The Executive Director or designee will provide a list of the proposals with explanation and justification for the deaccession to the MLC at regular intervals throughout the year. The Council members will respond with their approval or disapproval of the actions sought within seven (7) days to the Executive Director. Failure to respond will constitute approval and a majority decision will govern. The Executive Director s signature on the deaccession form accompanied by a record of the responses from the requisite number of Council members will indicate completion of the deaccession process. The Executive Director will notify the MCL and appropriate staff of any action taken. IV. LOANS OF COLLECTIONS TO AND FROM THE MUSEUM 23