THE STATE
EDUCATION DEPARTMENT / THE UNIVERSITY
OF THE STATE OF NEW YORK / ALBANY, NY 12234 | |||
TO: |
The Honorable the Members of the Board of Regents |
| |
FROM: |
Carole F. Huxley |
| |
COMMITTEE: |
Full Board |
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TITLE OF
ITEM: |
Draft Regents Rules for Museums and Historical Society Charters |
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DATE OF
SUBMISSION: |
May 28, 2004 |
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PROPOSED
HANDLING: |
Information |
| |
RATIONALE FOR
ITEM: |
Need to update and clarify generally accepted professional standards of operation |
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STRATEGIC
GOAL: |
Goals 4 and 5 |
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AUTHORIZATION(S): |
|
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SUMMARY:
In close collaboration over more than a year, the Museum Association of New York, the New York State Council on the Arts, the State Office of Parks, Recreation and Historic Preservation and the SED’s Office of Cultural Education developed a set of standards and practices that should be requisite for an absolute charter.
The rationale for updating the standards and making them more rigorous was a conviction that many fewer institutions would develop fiscal, stewardship or managerial problems if their boards and staff had clearer guidance on their responsibilities and the level of performance deemed necessary for a viable operation. The measurable standards are aligned to those required for national accreditation but also designed to be flexible enough to apply to small as well as major institutions. Those standards now form the basis for a new draft set of Regents Rules.
At your September Regents Public Policy Conference, you heard from museum and historical society staff and trustees on the first draft of the standards. In January the Cultural Education Committee reviewed a document that had been refined by the Conference comments and subsequent reviews by regional groups. Staff, with the Museum Association and the Council on the Arts, consulted on which of the standards needed regulatory status and which are more appropriate as guidance and best practices. Last month you received from me the current Regents Rules, unchanged since the 1980s. The attachment includes major elements that are being proposed as amendments to Regents Rules. By July the draft regulations will be fully ready for field review, and they will be available to you before they are made public. We will then mail the draft to stakeholders and, in cooperation with the Museum Association, hold regional meetings during the summer to solicit comments.
In September, the Cultural Education Committee will review the amendments to the regulations and in November the final regulations will be before the Board for approval.
Elements of Proposed
Amendments to Regents Rules for Chartered Museums and Historical
Societies
Statutory authority: Education Law
§216
Institutions holding collections will meet
higher standards for acquisition, accessioning, protection and
care:
·
We spell out
standards for acquisition, accessioning and stewardship of
collections.
·
We fine-tune
existing de-accessioning language.
·
Collections
may not be used as collateral for a loan.
·
Collections
will not be capitalized (treated as financial assets or listed on a balance
sheet).
·
Collections
must be promptly accessioned.
·
We provide
standards for loans from the collection.
·
Incoming loans
must be insured.
·
Institutions
must clarify the status of old and undocumented loans.
·
We ask
institutions that deaccession items from the collection to first offer such
objects to other museums for donation, exchange, trade or
purchase.
·
Museums will
provide their mission statements to donors, benefactors and potential donors or
testators.
We will require mission statements:
·
Every
institution will have a written mission statement based on the corporate
purposes in its charter and will review it every three to five
years.
We clarify our practices with respect to
corporate names.
We set out measures for improved
governance:
·
Boards will
effectively advance diversity in their membership, staff, volunteers and
programs.
·
We require
Board adoption of a written code of ethics.
·
We spell out
the Board relationship between a museum or society and another related
organization.
We require improved financial oversight by a
Board:
We provide standards for programs,
operations and facilities:
We require that any plan for dissolution or
dispersal of assets follow State law.
We provide for the renewal of a museum or
historical society’s registration at five-year intervals.
We provide additional
definitions.