CM Policy and Procedures: Deaccession and Disposal

Deaccession and DisposalÌý

A. Purpose of DeaccessioningÌý

  1. Artwork is acquired for long-term retention. However, occasionally, it may be in the best interest of the museum to remove artwork from the collection. Deaccessioning is the process of removing an item from a museum’s collection.
  2. In considering deaccessioning and disposal of artwork, museum staff must be mindful of their role as trustee of the collection for the benefit of the public. Museum staff must recognize that the act of deaccessioning and disposal of artwork requires exceptional care and appropriate stewardship of the collection.
  3. Deaccessioning and disposal is solely a means to refine and improve the quality and appropriateness of the collection as defined by our mission and vision.

B. Criteria for Deaccessioning and DisposalÌý

  1. Artwork may be considered for deaccessioning and disposal under the following circumstances:
    • The artwork is of poor quality, either intrinsically or relatively, in comparison with other artwork of the same type in the collection. However, artwork of modest quality may have sufficient study value to warrant retention.
    • The artwork is redundant or is a duplicate that has no value as part of a series. 

    • The artwork is no longer consistent with the mission or collecting goals of the museum. 

    • The authenticity or attribution of the artwork is determined to be false or fraudulent, and the artwork lacks sufficient aesthetic merit or art historical importance to warrant retention. 
In disposing of or retaining a presumed forgery, museum staff shall consider all ethical issues, including the consequences of destroying the artwork.
    • Artwork must have been in the collection at least two years (or a length of time as required by tax codes for the donor’s benefit).
    • The physical condition of the artwork is so poor that restoration is impossible or will render the artwork essentially false.
      • Artwork damaged beyond reasonable repair that is not useful for study or teaching purposes may be destroyed in compliance with any applicable law or regulation.
    • The museum’s possession of the artwork is not legitimate (e.g., the work may have been stolen or illegally exported or imported in violation of applicable federal and state laws, and UNESCO agreements). 

      • The means of disposal will be determined on a case-by-case basis.

C. Authority and Responsibility of the DirectorÌý

The director, in consultation with the Staff Committee, must approve all proposed deaccessions before presentation to the Collection Committee. Ìý

D. Authority and Responsibility of the Collection Committee

The Collection Committee is responsible for reviewing deaccession proposals submitted by the director. The committee is required to vote on the proposal with a simple majority of a quorum.

E. Authority and Responsibility of the Respresentative of the 91¸£ÀûÉçÌý

The provost, as the designated representative of the regents of the University of Colorado, is given the power and duty of providing the final signature in documentation that approves the deaccession.

F. Conditions and Limitations on Use of Deaccession FundsÌý

  1. Deaccessioning and disposal of artwork from the collection must comply with all applicable federal, state and local laws in effect at the time, and must observe any terms and obligations that pertained to the museum’s acquisition of the artwork. 
 No action pertaining to deaccessioning and disposal should be undertaken that would impair the integrity and good standing of the museum within its community at large and within the profession.
  2. All policies and procedures related to deaccessioning and disposal of artwork, and the resultant proceeds, must conform to the current guidelines established by the American Alliance of Museums (AAM) for acquisition or direct care as defined below.
    • To replace the artwork with another that has relevance, importance or use to the museum’s mission.
    • To invest in the existing collection by enhancing their life, usefulness or quality by making a physical impact on the artwork through conservation, restoration or preservation that ensures they will continue to benefit the public and increase or restores the artworks cultural or scientific value, thus prolonging their life and usefulness.
  3. Funds realized from the sale of deaccessioned items shall be placed in an account to be used only for acquisition or direct care of the collection.
    • The director in consultation with the Staff Committee will present a potential purchase to the Collection Committee for a vote with a simple majority of a quorum. Purchases made with deaccessioned funds will follow the rules and guidelines outlined in section V. Acquisitions, subsection D. Purchases.
    • The use of deaccession funds for direct care of objects in the collection shall be determined by the director in consultation with the Staff Committee.
  4. Deaccessioning and disposal by sale shall not serve to provide operating funds or establish endowments.
  5. The deaccessioning and disposal of an artwork shall be conducted with a view toward maximizing the benefit to the institution without, however, compromising the highest standards of professional ethics, the standing of the museum in the community or its responsibilities to donors.
    • When an artwork is deaccessioned, no member of museum staff, affiliates or their representatives shall use their position to directly benefit from sale or trade of the artwork.
    • Works acquired by gift shall not be disposed of to the original owner or the owner’s heir.

G. Process of DeaccessioningÌý

  1. Curatorial staff generally initiates the process of deaccessioning.
    • The director or curator shall prepare a deaccession proposal, fully identifying the artwork (if possible) and explaining the purpose and justification for its disposal. In preparing the proposal, they shall observe standards of research and analysis at least as rigorous as those applied to art acquisition. As far as possible, the proposal shall address the criteria listed in section VI. Deaccession and Disposal, subsection B. Criteria for Deaccession and Disposal.
      • Collection/registration staff shall ascertain what legal contractual agreements or other special considerations may pertain to the work and the museum’s title. Documents must confirm that the museum has clear proof of ownership of the artwork. If staff identify restrictions, staff shall contact the Office of the University Counsel.
      • Museum staff shall make reasonable effort to provide written notification to living donors of the intent to deaccession a work acquired by gift, as a courtesy. Circumstances may warrant extending similar courtesy to the heirs of a donor.
      • When an artwork by a living artist is considered for deaccessioning, museum staff shall make reasonable effort to provide written notification to the artist of the intent to deaccession the work, as a courtesy. 

    • Where an artwork is proposed for deaccessioning based on its physical condition, it shall be the responsi