pp8110 – cataloguing and registration methods alison skyrme week 11 ryerson university

PP8110 Cataloguing and Registration Methods Alison Skyrme Week 11 Ryerson University

Museum Ethics Professional ethics Governance ethics Acquisitions ethics Ethics for registrars CMA guidelines Lecture Overview

Theories The discipline dealing with what is good and bad and with moral duty and obligation A set of moral principles; a theory or system of moral values (Websters dictionary) Ethics as a moral philosophy Deontological theories are those that seek to establish the morality of an act based solely on the act itself, without regard to the consequences of that act. Teleological theories are more commonly referred to as consequentialism. As assessed from the consequentialist perspective, the moral act is that act out of all possible acts that produces the best possible consequences. (Dingwall, p. 15) Ethics Heather MacNeil, 2014

Professional Ethics Professional ethics is concerned with the values appropriate to certain kinds of occupational activity, such as medicine and law, which have been defined traditionally in terms of a body of knowledge and an ideal of service to the community; and in which individual professionals have a high degree of autonomy in their practice. Problems in professional ethics include both regulation of the professional-client relationship and the role and status of professions in society. A central question is whether there are values or virtues specific to particular professions or whether the standards of ordinary morality are applicable. Routledge Encyclopedia of Philosophy

Professional ethics Ethics as an applied practice within an occupational group Many occupations develop ethical standards Codification seen as an essential step in forming a group identity that extends beyond a given employer Goal is to achieve professional autonomy Heather MacNeil, 2014

Anatomy of an Institutional Code of Ethics An institutional code of ethics should demonstrate that the museum is ethical, professional and accountable. Codes should be consistent with the Alliance's Code of Ethics for Museums, which outlines ethical standards that can be applied to all museums. A museum's code should be tailored to its particular circumstances and should not simply replicate the Alliance's code. Instead, a museum should use it to facilitate discussions that explore how the museum legally, ethically and effectively carries out its responsibilities. Each museum has to write an ethics policy for itself. It should be applicable to governing authority, staff and volunteers and be approved by the governing authority. -American Alliance of Museums

Collections Ethics Underlying or core values under which the museum/library/archive performs all of its duties as a public institution Sector specific: professional organizations each promote their own (ALA, CLA, IFLA, AAM, CMA, ICOM, SAA, ACA, ICA) Definition

Museum Ethics Governance Ethics Conflicts of interest, self-dealing, misuse of insider advantage Usually not a high publicity issue Acquisition Ethics Stolen, improperly or illegally exported acquisitions, poor deaccession procedure Can become very public Issues in Ethics

Governance Ethics An art dealer is invited to join the board of trustees of a major art museum that acquires and exhibits works of the kind that the dealer shows and sells. The director of art museum A is invited to become a trustee of museum B, which is active in the same fields as museum A. A distinguished art historian who is the leading expert on an important period of art history collects works from that period and occasionally bids at auction for herself. She also advises other collectors and bids for them at auction. She is employed as a senior curator at a major museum, which she advises on acquisitions and for which she bids at auction. Finally, she is a trustee of another museum that actively collects in her field, which she advises and for which she also bids at auction An active collector of works that the museum also acquires and shows who is invited to join the board of the museum. Conflict of Interest Source: Merryman, John Henry. Museum Ethics. Stanford CA, Stanford Law School, 2006

Governance Ethics Disclosure the art dealer tells the board of his dealings, it becomes up to them to identify issues Isolation art dealer member does not participate in discussions regarding his conflict of interest Avoid the conflict - art dealer turns down the board membership Conflict of Interest - solutions

Governance Ethics When a trustee buys or sells from the museum of which he/she is a board member Count Panza di Biumo 1984 $11 million sale of his collection to the LA Museum of Contemporary Art (when he was a trustee) Samuel I. Newhouse - 2000 : for $10 million sale of Picassos Man with Guitar (1913 )from Museum of Modern Art (where he was a board member) Self Dealing

Governance Ethics Avoid no self dealing Self Dealing - Solutions

Governance Ethics Trustee buys the work of an artist before a large exhibition of his/her work is announced Trustee sells works by the same artist that the museum is deaccessioning As in stock trading, this is illegal and must simply be avoided Inside Information

Acquisition Ethics Violate UNESCO or CCPERB guidelines Violate CMA or other ethics guidelines Stolen or despoiled Solution: Proper provenance research Honesty in dealing Questionable Acquisition

Acquisition Ethics Deaccesion procedure is not followed, board is not notified Works are sold off to keep the museum running Works purchased from employees or board members Questionable deaccession

Ethics for Registrars The first obligation of the Registrar is the the museum's collections, loaned objects and records. Records must be complete, honest, orderly, retrievable & current Preservation and Security: kept in an archivally sound and secure manner Must protect the institution from Liability through the management of proper documentation (deeds of gift, letters of agreement, receipts etc.) Implementation of policies, contract requirements Following copyright, contract, or other restrictions Current information on all aspects of collections objects is the responsibility of the registrar Records

Ethics for Registrars Communication (& good working terms) with curators, conservators, directors to ensure the preservation of objects while fulfilling access and collections policies Loans : ensure the proper handling according to the conditions of the loan document, reviewing objects during loan periods Ensure the monitoring & upkeep of storage environments is a priority and review the collection periodically Must arrange the best shipping/handling/packing/transportation for the objects Condition reports must be HONEST and timely Insurance reporting and claims (values, damage etc.) must be accurate, even if the institution is at fault Preservation

Ethics for Registrars Acquisitions and deaccession policies must be adhered to registrar must ensure these comply with appropriate standards Consult with acquisitions staff /committee regarding feasibility (space, legal risk, physical risk) Ensure accessioning is complete & done after accession is approved and title is received Aware of all import, export & spoliation issues Ensure appraisals are done ethically & according to standards Deaccession must be monitored & documented appropriately. Ensure legal right to dispose of objects Acquisition & Disposal

Ethics for Registrars Registrars must provide access according to policies ; access policies must protect the collections but be non-discriminatory Must ensure use & handling are done in a way that will not damage collections objects (supervision, guidelines etc.) Records of a public institution are of public concern BUT registrar must ensure confidential information is sustained Access

Ethics for Registrars Must be accurate Must be up to date Must be clear Must be accessible Records

Ethics for Registrars Dealing with other institutions, public, students, researchers, colleagues, co-workers etc. must act in a professional manner Registrars have access to confidential information must be discreet (communications, paperwork, notes) Gives direction/advice based on up to date standards of the institution and the field not on personal feelings. Perform duties according to accepted standards and the policies and procedures of the institution Must not conform to management desires if not professional or standard practice Professional

Ethics for Registrars If working as consultant, it cannot interfere with regular duties, must be done on personal time, must not disclose confidential information Must not accept gifts or other personal benefit from commercial companies (shippers, conservators, contractors etc.) this can impair judgment on vendor selection Conflicts of interest

Ethics for Registrars Registrars must keep current with standards and research in the field & contribute to the general understanding of registration Teach, lecture, participate in professional conferences etc. (with permission of the institution) Professional Development

Museum Ethics ICOM CMA Ethics AAM Standards

CMA Guidelines Definition: Ethics are based on the core values of honesty, fairness, respect, excellence & accountability The application of these core values changes with time, and ethics must reflect these changes Purposes: Ensure and ethical environment by affirming the values of the museum community with employees & institutions Provide the public with some insight as to what they might expect from museums and individuals associated with them Do not replace policies or ethics statement within the museum A basis upon which museums can build their policies outline

CMA Guidelines Public trust role Responsibilities of trusteeship Legal considerations Respect for traditional customs Museum Governance: Responsibilities of the Governing authority Responsibilities of the chief executive officer Collections Policies: Documentation Acquisitions Loans Disposals Conservation and Emergency Planning Accessibility & Presentations Overview

CMA Guidelines Culturally Sensitive Objects and Human Remains Research, Publications and Field Work Commercial and Revenue-Generating Activities Reproductions and copyright Employer/Employee Relations Staff Development Volunteers Conflicts of interest Personal Conflict Gifts Collecting and Dealing Confidentiality and privacy Appraisals Overview

CMA Guidelines Responsibilities of trusteeship Stewardship : acquire, document & preserve collections Public service : create and advance knowledge & understanding by making collections and research physically & intellectually accessible Legal considerations Uphold all applicable international conventions, federal and provincial legislation, treaty objections, conditions related to gifts and trusts Avoid even slight compliance in any illegal activity, illicit traffic in cultural objects Respect for traditional customs Respect culture of other cultures or communities towards culturally sensitive objects Consult with knowledgeable members of the community prior to using these objects in any way Public trust role

CMA Guidelines Responsibilities of the Governing Authority Responsibilities that exceed those of staff members They should have proper understanding of their responsibilities & interest in the museum Obtaining financial resources necessary, ensure proper use of resources to maintain and enhance collections, provide clear public statement of mandate and policies, no self-serving behaviour, awareness of socioeconomic factors affecting communities served by the museum Ensuring ethical guidelines are followed by CEO, board, staff Responsibilities of the CEO (director) Only staff member who is directly answerable to the board Provides professional & competent strategic leadership (hiring, training, promotion, dismissal of staff) Museum Governance

CMA Guidelines Documentation Current, standardized, systemized, easy to use, accessible Information must be honest, accurate Acquisitions, loans, deaccessions, loss, damage must be documented (including reasoning) & made public in annual report or other publication Acquisitions Acquisitions made to be permanent, not with the intention of deaccssioning Ensure legal title is acquirable, provenance is documented etc. Reproduction, copyright, installation plans must be negotiated with artist Avoid acquisitions : inconsistent with mandate, cannot be properly stored or exhibited, cannot be catalogued within a reasonable time, Unduly restricted, Connected to a specific location that has an appropriate institution Collections Policies

CMA Guidelines Loans Loans policy that clearly defines how/when incoming and outgoing loans are accepted (permanent loans, fees, etc) Provide level of care to borrowed objects required by the lending institution or (if from an individual) as shown to other collections objects Proper valuations of loaned material are done for insurance Permanent loans should be avoided Disposals Unethical to use proceeds for anything other than collections care or acquisition May be an endowment for acquisition Repatriation requests are dealt with seriously, before governmental involvement Return of culturally sensitive objects, human remains & funerary objects should be a priority museums must be prepared to facilitate return if claim is valid Conservation and Emergency Planning Museums must take steps to preserve & minimize deterioration Must have emergency preparedness plans (all types of emergencies) Collections Policies

CMA Guidelines Accessibility & Presentations Must ensure equality of opportunity for public access to collections Must seek out new audiences in the community and cater to a broad range of abilities and interest (no discrimination) Must make loans & share information about collections Culturally respectful & involve communities in program development Copyright law must be followed Must represent many viewpoints & make it clear when a singular perspective is being offered Accessibility

CMA Guidelines Culturally Sensitive Objects and Human Remains Museums must seek out information regarding culturally sensitive objects from knowledgeable members of those groups Access, research, handling, exhibition of these objects must be done in an acceptable manner Where appropriate, reburial of archaeological human remains Research, Publications and Field Work Museums must support research, should relate directly to the mandate Access to collections offered with appropriate supervision to researchers, & genuinely interested public/those connected to the collection Research results must be published. Culturally sensitive objects & research

CMA Guidelines Commercial and Revenue-Generating Activities Commercial activities should relate to the mandate and not put collections at added risk Well researched, accurate publications and safe, good quality products, no endangered species, items disposed from collections Reproductions must follow copyright legislation, royalty and reproduction rights negotiated with artists and documented Replicas are marked as such Employer/Employee Relations Employees: Courteous/efficient service to public, respect and cooperation to colleagues, loyalty to policies of the institution Equal opportunity employers Clear policies on conflicts of interest Volunteers Should be held to the same ethical obligations as employees Communication and liaisons between museums staff and volunteers Commercial revenue, employees, volunteers

CMA Guidelines Conflicts of interest Personal Conflict Employees may pursue their own interests so long as there is no conflict with the museums interests or detrimental to the reputation of the museum Where conflicts of interest are possible, these are to be disclosed Gifts (& donations) from workers or families should be evaluated at arms length No personal gifts are to be accepted from people or organizations that they have contracts with Collecting and Dealing Must disclose personal collections and not compete with the museum for acquisition If personal collections overlap with the mandate, employees must not act as dealers (buy or sell objects for profit) Employees, family and friends must not acquire deaccessioned objects Conflicts of interest

CMA Guidelines Confidentiality and privacy Employees must avoid careless or deliberate disclosure of information received as a result of their position re: management, security, future or unannounced events Respect of privacy of donors, lenders, members of the public, other institutions (particularly regarding human remains) Appraisals Museums workers should appraise only objects owned by the museum Appraisals for a third party must be done only after declaring conflict of interest (under $1,000.00 only) Avoid recommending specific dealers, appraisers, auctioneers, or accept discounts for these services for personal purchases Appraisals for possible acquisitions should be done at arms length by qualified professionals Fair market Values must be appropriate and properly proved Conflicts of interest cont.

Protocols for Native American Archival Materials Accessibility and use Questions of access, ownership, and control of Native American archival material can prompt philosophical and practical concerns, particularly when there is inadequate information about community sovereignty and associated legal rights, community ownership of original source information, initial community restrictions on information sharing and distribution, and other related issues. sovereignty Protocols for collections material

Protocols for Native American Archival Materials Consult with culturally affiliated community representatives to identify those materials that are culturally sensitive and develop procedures for access to and use of those materials Respect a communitys request to restrict access to and use of materials that describe and represent esoteric, ceremonial, or religious knowledge that is significant to the community. Protecting certain kinds of secret information may be a matter of national security for sovereign tribal governments. Review acquisition policies and forms with Native American community representatives in order to share suggestions for culturally responsive restrictions on deeds of gifts with potential donors. Ensure that any restrictions or agreed upon procedures are fully implemented and observed. Culturally sensitive material

Protocols for Native American Archival Materials Still and Moving Images (Photographs and Films)/Graphic Art human remains religious or sacred objects ceremonies of any kind burials, funerals archaeological objects (especially if from burials) hospitals, churches, cemeteries, kivas, sacred places Recordings/Transcripts songs, chants music religious practice healing, medicine personal or family information oral histories community histories "myths, folklore Cartographic Materials sacred sites or areas religious sites or areas village sites, territories, use areas Records/Documents/Ephemera/Grey Literature/Theses and Dissertations/Published Texts personal or family information archaeological data religious materials ethnobotanical materials genealogical data Culturally sensitive material

Ethics Barnardo Archive One of the oldest photographic archives in the world Thomas Barnardo Childrens Home, London (from 1874) 500,000 images To be destroyed or transferred after digitization Case studies

Ethics Our institution was recently offered a large gift of stock from an individual. The Donor would like to place the restriction on it that the museum will sell it (quickly) And then use the proceeds to purchase a work of art from him. Value of stock will equal his price for the painting. Case Study economic ethics

Ethics Case Studies Appraisal Two years ago an enquirer came to our museum with some coins that he wanted us to value. Although we had a fair idea of what they were worth, we explained that it was the policy of our museum not to give valuations. We therefore limited the information we gave to providing a full identification of his coins. At the time the enquirer seemed happy enough with this information but has recently made a formal complaint about what he sees as deceit on our part. Last month he took the coins to a dealer, had them valued at around 200 and then sold them. He claims that our reluctance to value the coins led him to believe that they were valueless and thereby attempted to deprive him of the opportunity to profit from a sale at a time when he badly needed the money. Although we feel we have acted ethically, have we been negligent in our procedures for such a misunderstanding to occur? Museums Association, 2000. Ethics Q&A. http://www.museumsassociation.org/ethics/11233

Ethics Case Studies Collections management A relative of a now deceased donor wants to view a minor item given to the museum in its early days in the 1950s. We have accession records but despite an exhaustive search of our stores we have been unable to find it. We fear that other items may also be missing and plan to do as complete an audit as our modest resources allow. How should we present this particular loss to the relative and any other potentially embarrassing ones that the audit may reveal? Museums Association, 2000. Ethics Q&A. http://www.museumsassociation.org/ethics/11233

Ethics Case Studies Disposal A school donated an item to the museum in the 1970s. Recently, a man saw the item on display in the museum. He had been living in Australia for many years. He says he only lent the item to the school before he left on the understanding that if he ever came back to this country the school would return it to him. Our entry in the accessions register records it as a 'gift'. At that time it was not standard practice at our museum to check that donors had the right to transfer title or to get them to complete appropriate transfer documentation. The school closed many years ago. We cannot trace anyone who might be able to back up the entire story, but the man does have proof that he did indeed once own the item. I presume we have to deaccession and give the item back. Museums Association, 2000. Ethics Q&A. http://www.museumsassociation.org/ethics/11233

Ethics Case Studies First Nations, Inuit & Metis materials In 1976 a significant amount of material related to a First Nation in northern Ontario was informally donated to the archives by a professor in the anthropology department. A letter from the anthropologist included in the accession file indicates that members of the First Nation were aware he was donation the material to the archives, but no formal agreement between the anthropologist and the First Nation or between the anthropologist and the archives) was made at the time the materials were accessioned. Access has always been freely granted to the material. It consists of the anthropologist field notes, research materials, films of songs and ceremonies, and photographs taken in the community. This material has been used extensively by subsequent researchers, including on historian who published several monographs in the mid- 1980s on the history of the Nation, some of whish used copies of photographs and transcripts of recorded songs. Recently, the recording and photographs have been added to an online database. A local newspaper reported on the online database and as a result, younger members of the First Nation have become aware of the materials existence, They have contacted you in writing to explain their discomfort with the material being included in the database and being generally open to researchers since some of the songs and ceremonies depicted are considered culturally sensitive and should only be viewed or heard by certain individuals within the First Nation, They indicate that they would like to meet with you to discuss their concerns and also to review repatriation options with you. Wendy Duff, 2014.

Ethics Case Studies For some time you have been negotiating with a professor and artist for the donation of his personal archive. In the course of those negotiations he made it clear that he does not want any restrictions on access, saying he had nothing to hide. Before the donation was complete, he died suddenly. He was divorced, and his relationship with his children was strained. His son was, however, named the executor. When you contact him, he informs you that he has no interest in holding on to his fathers records and is willing to donate them to the archives without placing any restrictions on them since that was his fathers wish. He makes it clear that he does not intend to sort through the records before donation, he has no interest in his fathers private life and does not consider himself competent to determine what is of artistic value. When the archive arrive, you come across a box of letters, photographs, videotapes and newspaper clippings. On the box, in the professors handwriting, to be destroyed? is written. The clippings related to a sexual harassment suit that was filed against him in 1985 by a student with whom he had an affair. The suit was settled out of court and he continued to teach at the university until he retired. There are letters in the file from university administration and lawyers relating to the suit, as well as letters from the student and a series of nude portraits of the student. Also included, are videos and letters from another student he appears to have had an affair with. It is clear they were both married to other people at the time. The name seems familiar and a search reveals the student is not a Conservative member of Parliament, married to the same person and outspoken on family value. Wendy Duff, 2014.