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 Post subject: Conflict of Interest?
PostPosted: Mon Oct 14, 2002 1:07 am 

Recommended museum practices I have read through referrals on this board broach teh subject of personal collecting and museum interests being a conflict of interest. Should museum oficers and directors abstain from collecting railroad artifacts in their own personal collection? I don't think there would be very many of us left, though I don't personally collect rail stuff, just good memories.

wyld@sbcglobal.net


  
 
 Post subject: Re: Conflict of Interest?
PostPosted: Mon Oct 14, 2002 8:44 am 

> Recommended museum practices I have read
> through referrals on this board broach teh
> subject of personal collecting and museum
> interests being a conflict of interest.
> Should museum oficers and directors abstain
> from collecting railroad artifacts in their
> own personal collection? I don't think there
> would be very many of us left, though I
> don't personally collect rail stuff, just
> good memories.

I think the key limit is that officers and directors cannot acquire objects daacessioned or sold by the museum the serve, to eliminate the possibility of self-dealing.


ASME National Engineering Landmarks Roster
eledbetter@rypn.org


  
 
 Post subject: Re: Conflict of Interest?
PostPosted: Mon Oct 14, 2002 8:55 am 

> Recommended museum practices I have read
> through referrals on this board broach teh
> subject of personal collecting and museum
> interests being a conflict of interest.
> Should museum oficers and directors abstain
> from collecting railroad artifacts in their
> own personal collection? I don't think there
> would be very many of us left, though I
> don't personally collect rail stuff, just
> good memories.

Yes, it is considered a conflict of interest for staff and board members to collect the same material as the institution they represent. That does not mean railroad materials, in general. It means if your institution collects Pullman material, for example, then the staff and board should not. If your institution collects New York Central material, you should not. However, it does not stop you from collecting material from railroads unrelated to your museum's mission or collection policies.


smatthewh@yahoo.com


  
 
 Post subject: Re: Conflict of Interest?
PostPosted: Mon Oct 14, 2002 9:30 am 

I don't think that it matters what you collect as long as you do not use your position on the museum board to cause these item(s) to become your personal property. That is you cannot purchase or receive donated materials personally if you used your board position to cause the materials to be available. You cannot receive materials under the guise of board affiliation then keep the item yourself

You can however, on any day of the week go out to pawn shops, swap meets or read publication that would have an item for sale and purchase it for your own collection. That is not a conflict of interest.


  
 
 Post subject: Re: Conflict of Interest?
PostPosted: Mon Oct 14, 2002 9:47 am 

I think a related issue is the undue bias a museum staff person or officer has over the priority of restoration and display of collection pieces. There should be policies and plans in place to steer museums away from becoming someone's personal hobby trove.


  
 
 Post subject: Re: Conflict of Interest?
PostPosted: Mon Oct 14, 2002 9:59 am 

Exactly! Here in central Minnesota there was a scandel at a local fishing museum. A board member was advertising for old rods and tackle for the museum, and keeping the rarest pieces for himself!
Even though his assocation with the museum was terminated I'm sure it hurt the museum's credabilty.
M.Nix


2rivers@upstel.com


  
 
 Post subject: Re: Conflict of Interest?
PostPosted: Mon Oct 14, 2002 10:32 am 

> I think a related issue is the undue bias a
> museum staff person or officer has over the
> priority of restoration and display of
> collection pieces. There should be policies
> and plans in place to steer museums away
> from becoming someone's personal hobby
> trove.

What about a situation where memebers of the museum's board are involved in leasing their personal equipment to the museum for operation and charging the museum for "work" their personal company does for the museum? I recently left a local group when the parties involved were unable to see that their personal dealings with the museum were a clear conflict of interest, even without their board membership. Any suggestions for how to resolve such a situation?

rrguy1225@yahoo.com


  
 
 Post subject: Re: Conflict of Interest?
PostPosted: Mon Oct 14, 2002 12:42 pm 

> What about a situation where memebers of the
> museum's board are involved in leasing their
> personal equipment to the museum for
> operation and charging the museum for
> "work" their personal company does
> for the museum? I recently left a local
> group when the parties involved were unable
> to see that their personal dealings with the
> museum were a clear conflict of interest,
> even without their board membership. Any
> suggestions for how to resolve such a
> situation?

It's not automatically a conflict. I've seen non-profit by-laws that explicitly allow board members to do business with the organization.

What's important is that it's done fairly and above board. A board member whose construction company wins a bid competitively and charges market rates is one thing: a board member who cuts a sweetheart deal and benefits at the expense of the organization is something else entirely.

JAC


  
 
 Post subject: what's a board for?
PostPosted: Mon Oct 14, 2002 12:43 pm 

I have vivid memories of a wonderful keynote speech at the TRAIN conference a few years back given by the exec director of Colonial Williamsburg who explained in clear and unambiguous terms that his board only existed for one reason - to go out and get resources for the museum. I quote from memory "Give it, get it or get out!". I remember also wishing boards I worked with had been there to hear that.

Presence on most non profit boards excludes gaining from board activities. It is assumed your work is for the best interest of the organization rather than for personal gain. Many have such clauses in their articles.

It is possible a board member might arrange for a company he is associated with to provide goods or services for a non profit at reduced cost relative to retail. Common sense dictates the entire affair be aboveboard and with the approval of the board as a whole lest these sorts of repercussions develop.

Dave

irondave@bellsouth.net


  
 
 Post subject: San Diego RR Museum
PostPosted: Mon Oct 14, 2002 1:33 pm 

our current board has written the book on conflict of interest! A for profit company has taken over our yards, our operations, our depot site ... with our current board's approval. Talk about a nightmare situation. There is a current recall election on going which might be able to save the museum. More details later - but, don't assume that everyone always has the "best interest of the museum" at heart!

When in doubt, follow the money!

San Diego Railroad Museum Homepage
JimLundquist55@yahoo.com


  
 
 Post subject: Re: Conflict of Interest?
PostPosted: Mon Oct 14, 2002 3:16 pm 

Hi,

One aspect of the conflict of interest question (board members/officers collecting memorabilia) occurs when they go out and acquire stuff free, or at cheaper rates, under the guise of getting stuff for the museum when they really are getting it for themselves.

People who are often willing to donate to museums so that their treasures can be enjoyed by the public, would not give officer/directors the same stuff if they knew it was going to end up on some shelves in the family room.

--Malcolm

malcolmrcampbell@cs.com


  
 
 Post subject: Re: what's a board for?
PostPosted: Mon Oct 14, 2002 3:20 pm 

> I have vivid memories of a wonderful keynote
> speech at the TRAIN conference a few years
> back given by the exec director of Colonial
> Williamsburg who explained in clear and
> unambiguous terms that his board only
> existed for one reason - to go out and get
> resources for the museum. I quote from
> memory "Give it, get it or get
> out

Dave,

I heard that same speech and thought it was right on point.

If the board does not have a 'give, get, or get off' mindset, they will seldom have any serious discussions with any funding organizations.

--Malcolm

malcolmrcampbell@cs.com


  
 
 Post subject: Re: what's a board for?
PostPosted: Mon Oct 14, 2002 3:24 pm 

> I have vivid memories of a wonderful keynote
> speech at the TRAIN conference a few years
> back given by the exec director of Colonial
> Williamsburg who explained in clear and
> unambiguous terms that his board only
> existed for one reason - to go out and get
> resources for the museum. I quote from
> memory "Give it, get it or get
> out!". I remember also wishing boards I
> worked with had been there to hear that.

This is a blueprint for boards ignorant of the history of the area they supervise. To assume that a "staff" of a largely volunteer organization will be better informed, or able to direct the board, is a very dangerous and unintelligent idea.

I know that "fund-raising" boards are all the rage among art museums and municipal history museums. But knowledge of railroad history is too limited to allow the majority of any railroad museum's board to be ignorant of the objects in the museum's stewardship.

Often, as well, a board will be overwhelmed by the mass of railroad machinery and cry about the limited resources for conservation and restoration -- a serious problem in our field; two serious problems actually. If it does not have a good idea of the real historical value of these objects, some very valuable objects will be lost.



johncb@u.washington.edu


  
 
 Post subject: Re: Conflict of Interest?
PostPosted: Mon Oct 14, 2002 5:45 pm 

There are some great responses here, and a few that miss the clarity of the IRS rulings on such things.
Board members may not personally benefit from any action taken by the board, nor from regular operations of the non-profit corporation. Likewise, to remain non-profit, NO individual, may benefit from the actions. (This doesn't mean the non-profit cannot hire individuals). Many don't understand that non-profits make a profit (if they don't, they go bye-bye) but no one benefits from that profit, it is used by the corporation to continue its survival and growth.
So, if you're on a board, and own a company that does work the museum needs done, ya better NOT offer to do it--even if you do it at a "cut rate" it will be seen as benefiting! Same is true of leasing stuff to the museum, definite conflict of interests there.
The board's job is to set policy; assist in fund raising, or other activities condusive to the benefit of the corporation, and to leave the day-to-day stuff to the staff!
Unfortunately, in most small organizations, the (volunteer)staff is also the board! So, all these "precise, theoretical" standards have to give a little, but not the conflict of interest! If you break that one, you break the Public Trust to which we rely on for public support. Once broken, it is tough to "repair" it.
Steamcerely,
David D.

djdewey@cncnet.com


  
 
 Post subject: Re: what's a board for?
PostPosted: Mon Oct 14, 2002 8:16 pm 

>>I know that "fund-raising" boards are all the rage among art museums and municipal history museums. But knowledge of railroad history is too limited to allow the majority of any railroad museum's board to be ignorant of the objects in the museum's stewardship. <<

Other than what they learn by reading, keeping up, attending meetings, and in some cases following strong avocations, the members of most non-profit organization boards are not specialists in the subject matter that their museums focus on. This does not mean this is never the case, for quite often, well-known historians, writers, and others are included on such boards.

Railway museums are not a special case. The board is not there to run the museum, it is there to make it possible for those who know how to run it to have the money, public support, and governmental support to accomplish their goals.

The only reason railway museums are said to be a special case is a simple one: the railfans currently in charge of museums that do not have self-perpetuating boards are afraid that such boards will "take over" and throw them out of the museums they have been volunteering at up to now.
That fear is not well founded. The movers and shakers that would be put on a rail museum board would lose face and suffer a great loss of prestige (and money) if they went in and screwed it up. They have more to lose than the railfans who are working their butts off down in the shop. The sooner everyone recognizes this, the sooner they will finally have enough money to do everything they want to do.

Malcolm

malcolmrcampbell@cs.com


  
 
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