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Deaccession and Disposal��

A. Purpose of Deaccessioning��

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 Disposal��

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 Director��

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

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 ������������

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 Funds��

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 Deaccessioning��

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 responsibility of collection/registration staff to prepare a detailed condition report on the artwork. 
If an artwork is proposed for deaccession based on questions of authenticity, it will be the responsibility of curatorial staff to consult an authoritative party. These reports must be appended to the formal deaccession proposal.
   • An estimate of any anticipated income derived from disposal shall be obtained as follows: 

     • For artwork estimated by a curator to be valued at less than $50,000, one written market estimate must be provided by an outside, authoritative and knowledgeable party.
     • When a curator has made a good faith effort to obtain an estimate for an artwork deemed to be valued at less than $10,000, and has been unsuccessful, this information shall be included in the deaccession proposal, and the process may proceed.
     • For artwork estimated by a curator to be valued between $50,000 and $250,000, written market estimates must be provided by at least two outside, independent, authoritative and knowledgeable parties, one of whom should be an auction house representative. 

     • For artwork of an estimated value over $250,000, in addition to the above market estimates, a widely recognized, disinterested expert must also be consulted about the advisability of withdrawing the work from the museum’s collection. The consultant must evaluate the artwork relative to comparable works at large, as well as the role played by the artwork within the museum’s collection. The report of the expert consultant will be made a part of the deaccession proposal. 

2. The director, in consultation with the Staff Committee, shall review all proposed deaccessions. 

   • If approved by the director, the proposed deaccession will be submitted to the Collection Committee. 

3. The Collection Committee will consider the proposed deaccession at its quarterly meeting. 

   • Except in extraordinary circumstances, the artwork under consideration for deaccession must be available for inspection by the committee.
   • A simple majority of a quorum of the Collection Committee is required for approval.
4. The director will present the written recommendation for deaccessioning the artwork and the Collection Committee’s positive recommendation to the provost, who is authorized to approve the final decision. Approval by all aforementioned parties warrants permanent removal of the artwork from the collection. The signature and date from the provost on the written recommendation for deaccessioning the artwork serve to document the date that the museum and university formally deaccessioned the artwork.

H. Methods of Disposal��

1. The director, in consultation with the Staff Committee, will propose a transparent means of disposal of a deaccessioned artwork. The method must be authorized by the Collection Committee by a simple majority of a quorum. In choosing a means of disposal, museum staff must preserve and promote scrupulous adherence to ethical standards as observed by the profession. 

2. The greatest benefit to the museum should govern the means of disposal as long as there is no conduct that violates the Code of Ethics.
3. Preferred methods of disposal are sale through publicly advertised auction, sale to or exchange with another public institution, and sale to or exchange with a reputable, established dealer. Every effort should be made to identify and evaluate the various advantages and benefits available through different means of disposal.
   • If an artwork cannot be sold or exchanged through preferred methods, other options may be explored and then proposed to the Collection Committee. 

   • In the case of disposal by public auction, the museum’s ownership shall be acknowledged in the sale catalog unless deemed inappropriate by the director. 

4. If a deaccessioned artwork would be of demonstrable value to the collection of another museum or nonprofit educational institution, the museum may directly transfer ownership of the artwork upon the petition of the receiving museum or institution. 

5. If a deaccessioned artwork is determined to be in such poor condition that restoration is impossible or will render the artwork essentially false, the museum may directly transfer ownership of the artwork to a recognized art conservation program or other conservation center for use in research and training. 

6. No deaccessioned artwork that is determined by a curator to be false or fraudulent, or is reasonably suspected of being false or fraudulent, shall be disposed of in any way that would return the artwork to the art market as a genuine or authentic piece. Methods to accomplish this are destruction of the artwork or permanent marking of the artwork to reflect its nature.

I. Repatriation

1. Should the museum acquire an artwork that can be incontrovertibly demonstrated to the Collection Committee to have been illegally exported from its country of origin or from the country where it was last legally owned, museum staff will, if legally free to do so, take reasonable steps in the return of the artwork to the country establishing the definitive claim on the artwork. 

2. Repatriation claims under the 1990 Native American Graves Protection and Repatriation Act will be pursued in consultation with tribal authorities
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J. TRANSFER OF CREDIT

1. Should a donated artwork be deaccessioned, the credit line of any new work acquired with the proceeds shall bear the name of the original donor, either singly or in combination with the names of other donors or funding sources contributing to the new acquisition. A donor via deaccessioning shall be designated on the credit line with the term “by exchange” following the donor’s name.
2. Should a purchased artwork be deaccessioned, the credit line of the work newly acquired with the proceeds shall bear the name of the original donor of funds or funding source, and other donors or funding sources contributing to the purchase. 

   • In general, only original donors of deaccessioned artwork that has realized sale proceeds of $10,000 or more will receive acknowledgment on the new credit line.
     • Exception: If the sale proceeds contribute at least 50 percent of the purchase price of the new artwork, the original donor(s) of the deaccessioned artwork will receive acknowledgment on the new credit line. 

     • Other exceptions to this rule may be made with the approval of the director and the Collection Committee. 

3. When multiple original donors are so numerous that practical considerations prohibit acknowledging all of them in publication credit lines, an abbreviated form may be developed by the collection/registration staff in conjunction with the curator, subject to approval by the director. 

4. Full credit lines shall be associated with all registration records.

K. Permanent Records��

1. For each artwork removed from the collection, complete and accurate records should be maintained, including photographs and documentation of the circumstances of the artwork’s disposal.
   • A permanent record of all deaccessioned artwork shall be kept in the artwork file in the collection/registration staff office. This shall include the written recommendations for deaccession; conditions and date of the transaction; the authority for the action taken; the name and location of the museum or other transferee; a photograph, description and measurement of each artwork covered by the deaccession action; transfer of ownership documents; and any other correspondence, data or documentation relating to the deaccession and disposal.
   • The physical inventory number on the artwork will not be removed in order to document its provenance for future researchers; however, the artwork file and database records shall be marked “deaccessioned” and include the date of deaccession.��
   • The collection/registration staff will inform the Campus Controller’s Office when an artwork is deaccessioned so that any necessary reporting to the IRS can occur.��