CM Policy and Procedures: Ethics for Staff and Collection

Ethics for Staff and Collection

  1. The collection is a University of Colorado resource that directly fulfills institutional missions and fiduciary obligations. The collection is held in public trust, on behalf of the citizens of Colorado. Thus, it will not be capitalized nor shall artwork in the collection be treated as financial, unrestricted assets. Similarly, the collection shall not be used as collateral for a loan.
  2. Museum staff aspire to the highest standards of truth, professionalism and transparency and is committed to the value of free and open inquiry and artistic expression. The development and preservation of the collection and its use to support the educational goals of teaching and research are cardinal responsibilities of the museum. The museum’s collection and programs, and its physical, human and financial resources, are developed, maintained, protected and interpreted in support of its mission and are held in public trust.
  3. Museum staff must be dedicated to the highest standards of their respective specialties, while remembering they are part of a team. Every encounter between museum staff and members of the public is an opportunity to build support and goodwill for the museum. Museum staff and affiliates of the museum act in accordance with the Regents of the University of Colorado Conflict of Interest Policy 1.C.3:

As a state institution, it is imperative for both legal and ethical reasons that members of the university community do not improperly benefit from their positions of trust at the university. Members of the university community are expected to avoid actual and perceived conflicts of interest related to their work and position. Actual or potential conflicts must be appropriately disclosed in accordance with university conflict of interest and conflict of commitment policies, so that such conflicts may be reviewed and, as appropriate, managed or eliminated. Members of the university community are responsible for identifying potential conflicts and seeking appropriate guidance.

Conflicts of interest may also arise in the context of gifts, travel, and entertainment. Members of the university community are expected to conduct themselves so as to ensure that their positions are not misused for private gain with respect to the acceptance of gifts and the undertaking of university-related travel or entertainment.Ìý Members of the university community may not solicit, accept, or agree to accept any benefit that is intended to influence the staff in the performance of his or her university duties.

If museum staff and affiliates perceive a potential conflict of interest, they will seek guidance from a supervisor or consult other appropriate university resources.

  1. Museum staff shall not traffic in artwork for monetary reasons, nor be party to the recommendation of artwork for purchase by museums or collectors in which they have any undisclosed financial interest; nor shall they accept any commission or compromising gift from any seller or buyer of artwork. This excludes museum staff and affiliates’ personal studio practice and sales. Museum staff and affiliates with personal studio practices shall take care to avoid potential conflict of interest caused by their positions in the museum.
  2. Museum staff and affiliates’ personal art collecting must not be in competition with the collecting emphases of the museum or create the appearance of a conflict of interest.ÌýIf a museum staff member purchases or receives a gift of artwork that falls within the scope of the collecting areas or exhibitions at the museum, they shall have 14 days before or 30 days after acquisition to disclose to the director the date of occurrence and details of the artwork in writing. The director will disclose their own personal collecting to the divisional dean of Arts and Humanities in the College of Arts and Sciences. If a conflict of interest is determined, it must be resolved by granting the museum the option to acquire the artwork in question at cost of purchase including related expenses (shipping, insurance, etc.).
  3. To the best of their ability and in accordance with applicable law, the curatorial and collection/registration staff will seek to determine that the donor or seller of an artwork is the legal owner of the artwork, and reasonable inquiry will be made to learn the provenance of the artwork under consideration for accession. Accessions are to be conducted in a manner that respects the protection and preservation of cultural resources and discourages illicit trade in such materials. Competing claims of ownership that may be asserted in connection with artwork in its custody should be handled openly, seriously, responsively, with respect for the dignity of all parties involved and in consultation with university legal counsel.
  4. Museum staff are prohibited from providing appraisals (monetary valuations) of artwork to external or outside parties. Museum staff determine monetary values for artwork in the collection for insurance and internal records only. Such values will not be shared with the public, including donors. When gifting artwork to the museum, the donor is responsible for obtaining professional and independent valuation for tax forms or for other personal purposes. Inquiries relating to authentication and value by owners of artwork should be directed to the American Society of Appraisers, the Appraisers Association of America and the International Society of Appraisers. Because of the negative implications of endorsing a specific firm or individual, museum staff may not recommend specific appraisers. It is considered unprofessional and regarded as a potential conflict of interest for any museum staff to engage in appraisals as a business.
  5. In arranging for the manufacture and sale of replicas, reproductions or other commercial items adapted from an artwork in the collection, all aspects must be carried out in a manner that will neither discredit the integrity of the museum nor trivialize or damage the original artwork.