January 29, 2008
Attorney General Martha Coakley
Office of the Attorney General
One Ashburton Place
Boston, MA 02108
Dear Attorney General Coakley:
On behalf of the Board of Directors of the New England Museum Association, I am writing to ask that you intervene to prevent the closure of the Rose Art Museum at Brandeis University and the sale of the museum collection.
The Rose Art Museum is a member of our professional association, whose non-profit mission is to strengthen museums in the region in order to improve their service to the public. NEMA does not take lightly any decision to involve itself in the affairs of our members or their governing institutions. However, our Board feels strongly that this announced closure and sale not only are detrimental to the community served by the Rose Art Museum; if allowed to proceed, they set a precedent that the trustees of other not-for-profit organizations may willfully abrogate their mission of service to the public.
One observer has suggested that Brandeis close its science laboratories in order to eliminate its budget deficit. However, the issue in this case is not the relative merit of one educational resource versus another, although the merit of the museum is considerable. At issue is the decision of Brandeis University to collect and preserve works of art in the public’s trust and whether it will be accountable for upholding that trust.
Although Brandeis University was established as a not-for-profit educational institution, when the university established the Rose Art Museum and built its collection, it accepted the responsibility for ensuring that these artworks would be used for the education of the present generation and accessible to all who wish to be educated and inspired by them in the future. As a consequence of holding the artworks on behalf of the public, it also took advantage of tax-exempt status as it relates to donations of artwork as well as any revenues that the museum might generate. The university further signaled its commitment to this mission by engaging museum professionals to develop public exhibitions and programs and improve the care of the collection. It has continued on this course for almost fifty years.
This is the charge of museums, and the professional ethics of our field support this endeavor with strict guidelines for the deaccession of art and artifacts, which may only be sold or discarded for a small number of reasons, such as irreparable damage due, for example, to a natural disaster. In further support of museums’ mission to serve the public, our professional ethics state that the proceeds gained from the sale of any art or artifact from a museum collection may only be used for the direct care of the collection or the acquisition of additional art or artifacts to assist the museum in fulfilling its educational mission.
If Brandeis University is unwilling to continue to operate the Rose Art Museum, then it has a legal obligation to the taxpayers who have supported the museum through its tax-exempt status, a moral obligation to the donors who in good faith donated works of art with the expectation that they be maintained as a public trust, and an ethical obligation to the public to ensure that the collection is cared for and remains accessible. The university should be prepared to transfer the collection, through one means or another, to other public institutions, rather than treating the collection as a monetary asset.
It is evident to the Board of Directors of the New England Museum Association that, as they have been announced, the plans of Brandeis University are neither in keeping with the public mission of the Rose Art Museum nor with the professional ethics of the museum field. This is particularly disturbing given that Brandeis University is, itself, a not-for-profit institution that enjoys the privilege of tax-exempt status.
Please act to prevent the closure of the Rose Art Museum at Brandeis University and the sale of the museum collection. Thank you very much for your consideration of this issue. If the Board or I may be of any assistance in this matter, please do not hesitate to contact me.
Sincerely yours,
Katheryn P. Viens
Executive Director
Xc: Jehuda Reinharz, President, Brandeis University
On January 26, Brandeis University
announced plans to close the Rose Art Museum and sell the collection in order
to address the decline in the value of the university's endowment and its
operating deficit. On January 28, the university's president reiterated the
decision to close the museum at the end of the summer but stated that no
decision had been made concerning when or how to sell the artworks. (Please see
Boston Globe articles for further
details.)
In response, the Association of College and University Museums and Galleries, the American Association of Museums and the College Art Association have issued strong statements opposing the plan, and the Association of Art Museum Directors has publicly opposed the plan as well.
NEMA's Response
The NEMA Board of Directors has sent a letter to the Massachusetts Attorney General asking her to intervene to prevent the closure of the museum and the sale of the museum collection. It reads in part:
Although Brandeis University was established as a not-for-profit educational institution, when the university established the Rose Art Museum and built its collection, it accepted the responsibility for ensuring that these artworks would be used for the education of the present generation and accessible to all who wish to be educated and inspired by them in the future. As a consequence of holding the artworks on behalf of the public, it also took advantage of tax-exempt status as it relates to donations of artwork as well as any revenues that the museum might generate. The university further signaled its commitment to this mission by engaging museum professionals to develop public exhibitions and programs and improve the care of the collection. It has continued on this course for almost fifty years.
The letter reiterates our professional ethics, which state that the proceeds gained from the sale of any art or artifact from a museum collection may only be used for the direct care of the collection or the acquisition of additional art or artifacts to assist the museum in fulfilling its educational mission. For the full text of the letter, click here.
NEMA has also written to the President and Chair of the Board of Trustees of Brandeis to ask them to reverse their decision.
You Can Help
NEMA urges you to write official letters on your museum stationery as well as personal letters to:
Attorney General Martha Coakley
Office of the Attorney General
One Ashburton Place
Boston, MA 02108
Jehuda Reinharz, President
Brandeis University
Irving Enclave 113, MS 100
415 South Street
Waltham, MA 02453
Malcolm L. Sherman, Chair of the Board of Trustees
Brandeis University Office of the President
Irving Enclave 113, MS 100
415 South Street
Waltham, MA 02453
Please also consider writing letters to the editor to assist us in educating the public about the mission of museums.
NEMA will keep you informed of future developments.
In response, the Association of College and University Museums and Galleries, the American Association of Museums and the College Art Association have issued strong statements opposing the plan, and the Association of Art Museum Directors has publicly opposed the plan as well.
NEMA's Response
The NEMA Board of Directors has sent a letter to the Massachusetts Attorney General asking her to intervene to prevent the closure of the museum and the sale of the museum collection. It reads in part:
Although Brandeis University was established as a not-for-profit educational institution, when the university established the Rose Art Museum and built its collection, it accepted the responsibility for ensuring that these artworks would be used for the education of the present generation and accessible to all who wish to be educated and inspired by them in the future. As a consequence of holding the artworks on behalf of the public, it also took advantage of tax-exempt status as it relates to donations of artwork as well as any revenues that the museum might generate. The university further signaled its commitment to this mission by engaging museum professionals to develop public exhibitions and programs and improve the care of the collection. It has continued on this course for almost fifty years.
The letter reiterates our professional ethics, which state that the proceeds gained from the sale of any art or artifact from a museum collection may only be used for the direct care of the collection or the acquisition of additional art or artifacts to assist the museum in fulfilling its educational mission. For the full text of the letter, click here.
NEMA has also written to the President and Chair of the Board of Trustees of Brandeis to ask them to reverse their decision.
You Can Help
NEMA urges you to write official letters on your museum stationery as well as personal letters to:
Attorney General Martha Coakley
Office of the Attorney General
One Ashburton Place
Boston, MA 02108
Jehuda Reinharz, President
Brandeis University
Irving Enclave 113, MS 100
415 South Street
Waltham, MA 02453
Malcolm L. Sherman, Chair of the Board of Trustees
Brandeis University Office of the President
Irving Enclave 113, MS 100
415 South Street
Waltham, MA 02453
Please also consider writing letters to the editor to assist us in educating the public about the mission of museums.
NEMA will keep you informed of future developments.