A:1
The Kamloops Art Gallery, in addition to abiding by the CMA Ethics Guidelines (Conflict of Interest: section L.2, L.3, p. 19) has several clauses in a number of policies dealing with ethics. Our policy regarding gifts, commissions or purchases of art work is very clear. It states:
“In accordance with the CMA Ethics Guidelines, Gallery staff shall avoid all activities that could be construed as an actual, potential, or perceived conflict of interest. The Gallery staff shall not accept any commission or gift from an individual or organization that seeks or has a contractual, business, or professional relationship with the Gallery. This includes gifts from artists and guest curators. The Gallery staff may accept gifts of nominal value on behalf of the entire organization, such as chocolates or flowers, provided these are shared among all colleagues at the Gallery.”
In addition, all staff must disclose the extent of any personal collections and if they wish to purchase art work for their own collections must give the Gallery first right of refusal prior to making the purchase.
Jann LM Bailey, Executive Director, Kamloops Art Gallery
A:2
This is a particularly difficult and complex question to answer. I suspect that most curators have, at one time or another, come close to this ethical difficulty. Obviously this can be a real conflict of interest.
One can sometimes understand why a curator might want to collect something for themselves. Most curators, I would suspect, have a genuine passion for some aspect of their institution’s collection. They may be very interested in adding a piece to that collection but may not be able to do so due to budget restraints or some aspect of the Collections Policy (such as a limit to the number of similar artefacts). What does the curator do in this case — watch the artefact be sold to perhaps a buyer in a different country? In this example the artefact may be lost forever to the institution.
In any event, the curator should discuss the situation with his superiors before acquiring the artefact. The donor or seller should be made fully aware of the situation as well.
In a clear case of conflict of interest the curator must be warned both verbally and in writing that such a situation cannot be tolerated and the letter must be added to the curator’s personnel file. If the situation persists further steps, perhaps even dismissal, should result.
Eric Ruff, FCMA, Curator Emeritus, Yarmouth County Museum
A:3
We manage this kind of issue proactively. Anyone who works for our museum signs a code of ethics at the time of hiring. This document clearly states that no member of the Board of the Naval Museum of
Quebec or the Board of Directors of the Foundation of the Naval Museum of Quebec, no committee member of the Association of Friends of the Museum, and no paid and/or volunteer museum staff member will start or pursue a private collection where such activity is in conflict with the museum’s mission: to acquire, preserve, exhibit and spread the naval and military history and heritage of the St. Lawrence River and the Naval Reserve of Canada.
If a museum employee is contacted by a donor or discovers an object of the type that the museum collects (as defined in its collecting policy), the employee must notify the museum, which can then exercise its right of first refusal. The employee can acquire the object only if the museum decides not to accept or purchase it.
Curators in charge of a collection are, therefore, aware at the time of hiring that their own personal interest may have to defer to that of the museum that employs them. It is natural for museum curators to be passionate about the same collections as those of their employer. However, it is essential to ensure that the museum does not suffer from the fact that its curators are using their position to enrich their personal collections rather than those of the museum.
In the case of a museum that does not require the signing of a code of ethics, we believe that curators should be advised that, according to the highest ethical standards, they are expected to ensure that their own collecting activities are not detrimental to those of the museum.
André Kirouac, Director, Naval Museum of Quebec
A:4
The CMA Ethics Guidelines are very clear on this issue — basically it’s all about having institutional policies in place — disclosure by staff and Board approval for any questionable collecting activities (Section L: Conflict of Interest).
The Guidelines note that “Museum workers have a right to pursue their own interests provided these do not conflict with those of the museum […],” and suggest that “Museum workers must disclose the extent of any personal collections.” When these personal collections “are covered by the collections policy of the museum,” some additional restrictions apply.
Essentially, the Guidelines recommend that personal collecting activities are “formally disclosed, updated, and when there is potential for conflict of interest, either approved or discontinued.” The Guidelines also offer assistance to management and Boards in reaching such decisions, recommending that staff shall not: compete with the museum in the acquisition of objects; act as a dealer; offer any objects for sale from their personal collections to the museum first, and so on.
The question implies that a situation has already arisen, perhaps involving a long-term employee and an historical situation. Even then, the way forward is clear. The Board needs to write and approve policies, and procedures to enforce them. Since the CMA Ethics Guidelines have been in place for a decade (and in fact replaced an earlier version that took a similar stand on conflict of interest), a considerable precedent exists.
Boards facing this type of situation might consider inviting colleagues from other institutions or qualified consultants to assist them in framing policies to cover such conflict of interest situations.
Dr. Sonja Tanner-Kaplash, FCMA
A:5
The acquisition of works or artefacts is a crucial issue for a museum. It goes without saying that curators are ideally placed to locate the best sources and exceptional items. Moreover, curators are likely to develop a passion for the museum objects in their care. This situation can of course lead to real conflicts of interest. How can this be avoided?
The way to ensure the integrity of the process is to apply the principle of transparency:
- The museum should first be informed of the possibility of an acquisition.
- The work or the object must be offered first to the museum, which can then choose to acquire it or not.
- The museum will follow the usual acquisition procedure and any curator with a potential conflict of interest will have written a letter to that effect. If possible, that curator will withdraw from the discussions. If the curator cannot withdraw for one reason or another, generally because of an intimate knowledge of the file, then he or she will be guided by strict rules of loyalty to the institution.
- If the institution decides to acquire the work or the artefact, the curator will not bid on it. If the institution declines the acquisition, its reasons will be recorded in writing. The curator will then be free to purchase the item if so desired.
- This information should be forwarded to the highest authority of the institution, either the CEO or the board of directors, as appropriate.
If a curator is in conflict of interest and could be in competition with the institution but does not inform it of the fact in writing, he or she should be reprimanded in proportion to the seriousness of the offence.
Andrée Gendreau, Ph.D., Director, Office of Research and Evaluation, Musée de la civilisation
If you have an ethical question or dilemma you would like to share with us for anonymous publication, please email it to vkiriloff@museums.ca.
