Oakland Aviation Museum
Board of Directors
Carol C. Hill
President
Manny Chen, VP, Facilities
Ethan Cliffton, VP, Education
Terry Howell, VP, Collections
Landon Spring, VP, Development
Franz Steiner
Secretary
Jackie Larson
Treasurer
Joe Crisafulli
Director
Vacant Seat
Director
Emeritus Honorary Board of Advisors
Chuck Fell
Clyde Grimes
Allen Grossman
Nancy Guinther
Charles Smith
Staff
Pamela Kruse-Buckingham
Director
Key Volunteers
Greg Ely
Crew Chief
Robert C. McCarty
Facilities Chief
Shane Keller
Motor Pool Chief
Jon Barrilleaux
Simulator Restoration
Scott Buckingham
Exhibit Design & Construction Coordinator
Amended 08/30/2008
BY LAWS OF OAKLAND AVIATION MUSEUM
Article I. Offices
Section 1.01 The Corporation shall have its principle executive office at 8252 Earhart Road, North Field, Oakland International Airport, in Oakland, California 94621.
Article II. Trustees
Responsibility of Trustees
Section 2.01 The business and affairs of the corporation shall be managed and all corporate powers shall be exercised by or under the direction of the Board of Trustees. The Board may delegate the management of the day-to-day operation of the business of the corporation to a management company or other person, provided that the business and affairs of the corporation shall be managed and all corporate powers shall be excised under the ultimate direction of the Board.
Number of Trustees
Section 2.02*
The number of trustees of this corporation shall be nine (9).Election and Term of Office
Section 2.03 At each annual meeting. One third (1/3) of the total number of trustees authorized under these By-laws shall be elected for a term of three years. For the first year this section is in effect, one-third (1/3)
Removal of Trustees
Section 2.04 Any individual trustee may be removed by a majority vote of the board should the trustee fail or cease to meet any required qualifications outlined in the Board of Trustees Guidelines (dated 3/19/2003) or the OAM Employee/Volunteer Handbook and Policy Manual (dated 3/19/2003). Any individual trustee or the entire Board of Trustees may to be removed from office in the manner provided by law.
Filling Vacancies by Board
Section 2.05 (a) Except as otherwise provided in the articles of Incorporation of the corporation or in these Bylaws and except for a vacancy created by the removal of a trustee, vacancies on the Board may be filled by a majority of the trustees in office, whether or not less than a quorum, or by a sole remaining trustee.
Filling Vacancies by Members
Section 2.05 (b) Unless the Articles of Incorporation of the corporation should be amended, or a Bylaw should be adopted by the members to provide that vacancies occurring in the Board by reason of the removal of trustees may be filled by Board, such vacancies may be filled only by approval of the membership. Any vacancy authorized to be but not filled by the trustees may be filled by the members and any such election by written consent requires the consent of a majority of the outstanding members entitled to vote; provided, however, that no trustee except by the unanimous written consent of all members entitled to vote for election of trustees.
Call of Meetings
Section 2.06 Meetings of the Board may be called by the Chairman of the Board if any there be, or the President, or any Vice President, or the Secretary, or any two trustees of the corporation.
Place of Meetings
Section 2.07 All meetings of the Board shall be held at the corporation’s principal executive office.
Time of Regular Meeting
Section 2.08 Regular meetings of the Board shall be held, without call or note, immediately following each annual meeting of the members of this corporation.
Notice of Waiver
Section 2.09(a) Notice of any special meeting of the Board shall be given to each trustee by first-class mail, postage prepaid, at least four (4) days in advance of the meeting or delivered in person or by telephone or telegraph or facsimile by at least forty-eight (48) hours in advance of the meeting.
Waiver of Notice
Section 2.09(b) Notice need be give to any trustee who signs a waiver of notice, or consent to holding the meeting or an approval of the minutes thereof, whether before or after the meeting, or who attends the meeting without protesting prior thereto or at its commencement the lack of notice to notice to such trustee. All such waivers, consents, and approvals shall be filed with the corporate records or made a part of the minutes of the meeting to which they pertain.
Quorum
Section 2.10 A majority of the authorized number of trustees constitutes a quorum of the Board for the transaction of business except as hereinafter provided.
Transaction of Board
Section 2.11 Except as otherwise provided in the Article in these Bylaws, or by law, every act or decision done or made by a majority of the trustees present at a duly held meeting at which a quorum is present is the act of the Board, provided, however, that any meeting at which a quorum was initially present may continue to transact business notwithstanding the withdrawal of trustees in any action taken is approved by least a majority of the required quorum for such meeting.
Adjournments
Section 2.12 A majority of the trustees present at any meeting, whether or not a quorum is present, may adjourn the meeting to another time and place. If the meeting is adjourned for more than twenty-four (24) hours, notice of the adjournment to another time or place must be given prior to the time to the adjourned meeting to the trustees who were not present at the time of the adjournment.
Conduct of Meetings
Section 2.13 The Chairman of the Board, or if there is no such officer the President, or, in his absence, any trustee selected by the trustees present shall preside at the meeting of the Board of Trustees. The Secretary of the corporation or, in the Secretary’s absence, any person appointed by the presiding officer shall act as Secretary of the Board. Board members may participate in any such meeting through the use of conference telephone or similar communications equipment, so long as all members participating in such a meeting can hear one another. Such participation constitutes personal presence at the meeting.
Compensation
Section 2.14 Trustees shall not receive compensation for their services as trustees but may receive reimbursement for their expenses as shall be determined from time to time by resolution of the Board.
Indemnification
Section 2.15 The corporation has power to indemnify any person who is or was trustee, officer, employee, or other agent of this corporation or of its predecessor, or is or was serving as such of another corporation, partnership, joint venture, trust, or other enterprise, at the request of this corporation against expenses, judgments, fines, settlements, and other amounts actually and reasonably incurred in connection with any threatened, pending or completed action or proceeding, whether civil, criminal, administrative, or investigative, as provided in Section 317 of the California Corporation Code, as that section now exists or may hereafter from time to time be amended to provide.
Article III. Membership
Section 3.01 Admittance to membership will be as determined by the Board of Trustees. Generally membership will be open to those interested in the purposes of the Museum and who are current in payment of dues as determined periodically by the Board of Trustees.
Article IV. Members’ Meeting
Section 4.01 Meeting of the members shall be held at the corporation’s principal executive office.
Time of Meeting
Section 4.02 The annual meeting of members shall be held on the third Saturday of October of each year at 10:00 am. If this day falls on a legal holiday, the annual meeting shall be held at the same time on the next following Saturday thereafter.
Persons Entitled to Call Special Meetings
Section 4.03 Special meetings of the members may be called at any time any the Board of Trustees, the Chairman of the Board, if any there be, the President of the corporation, or the members entitled to cast no less than ten (10) percent of the votes of the meeting.
Section 4.04 Notice of annual and special meeting of the members shall be given as provided in Section 601 of the Corporation Code as that section now exists or may hereafter from time to time be amended to provide. That Section, as it now exists, provides, in part:
6.01 (a) Whenever shareholders are required or permitted to take any action at a meeting a written notice of the meeting shall be given not less than 10 (or, if sent by third-class mail, 30) nor more than 60 days before the date of the meeting to each shareholder entitled to vote thereat. Such notice shall state the place, date and hour of the meeting and … (2) in the case of the mailing of the notice, intends to present for action by shareholders but subject to the provisions of subdivision (f) any proper matter may be presented at the meeting for such action. The notice of any meeting at which directors are to be elected shall include the names of nominees intended at the time of the notice to be presented by the board for election.
(b)
Notice of a shareholders’ meeting or any report shall be give either personally or by first-class mail.Waiver of Notice and Other Defects
Section 4.05 The transaction of any meetings of members, however called and noticed and wherever held, are as valid as though had at a meeting duly held after regular call and notice, if a quorum is present either in person or by proxy and if, either before or after the meeting, each or the persons entitled to vote not present in person or by proxy signs a written waiver of notice or consent to the holding of the meeting or an approval of the minutes thereof. All such waivers, consents, and approvals must be filed with the corporate records or made a part of the minutes of the meeting. Attendance by a person at the meeting also constitutes a waiver of notice to that person if he or she fails to object at the beginning of the meeting to the transaction of business because the meeting was not lawfully called or convened, but such attendance does not constitute a waiver of the right to object to the consideration of matters required by law or these Bylaws to be included in the notice but not so included if the objection is expressly made at the meeting.
Quorum
Section 4.06 Fifteen (15) members represented in person or by proxy constitute a quorum for the transaction of business. Business may be continued after withdrawal or enough members to leave less than a quorum, provided any action taken (other than adjournment) is approved by at least a majority of the members to constitute a quorum. In the absence of a quorum, any meeting may be adjourned from time to time by a majority of the members represented in person or by proxy.
Election by Ballot
Section 4.07 Election for trustees need not be by ballot unless a member demands election by ballot at the meeting and before the voting begins.
Vote
Section 4.08 Except as otherwise provided in the Articles of Incorporation or by the General Corporation Law, all members are entitled to notice and to vote.
Article V. Officers
Titles, Appointment, Terms, and Compensation
Section 5.01 This Corporation shall have a President, a Vice President, a Secretary, a Treasurer, and such other officers, including a Chairman of the Board, as the Board of Trustees may from time to time designate and appoint. Any or two or more offices may be held by one person except that one person may not hold both the offices of President or Vice President or President and Secretary. Office of Vice President and any office designated by the Board may be left unfilled for any period in discretion of the Board. All officers shall be chosen by, and subject to any rights an officer may have under an employment contract with the corporation, hold office and the pleasure of, the Board.
Chairman of the Board
Section 5.02 Chairman of the Board, if there be such an officer, shall, if present, preside at all meetings of the Board and perform such other powers and duties as may from time to time be assigned by the Board or prescribed by law or by these Bylaws.
President
Section 5.03 Subject to such supervisory powers as may be given by the Board of Trustees to the Chairman of the Board, if there be such an officer, the President shall be the chief executive officer of the corporation and shall perform all the duties commonly incident to that office. The President shall preside at all meetings of the members and, if there is no Chairman of the Board, at all meetings of the Board.
Vice President
Section 5.04 The Vice President, or the Vice Presidents in the order of their seniority, may assume and perform the duties of the President in the absence or disability of the President or whenever the office of President is vacant and shall perform such other duties and have such other powers as the Board or the President shall from time to time designate.
Secretary
Section 5.05 The Secretary shall see that all notices are duly given in accordance with the provisions of these Bylaws or as required by law; shall keep the minutes of all proceedings of members and of the Board; and shall perform such other duties as are incident to the office of secretary or as are assigned from time to time by the Board or by the President.
Treasurer
Section 5.06 The Treasurer shall receive and have custody of all funds and securities of the corporation; keep and maintain adequate and correct books and records of account and of the corporation’s assets and liabilities; and shall perform such other duties as may be assigned from time to time by the Board or by the President.
Article VI. Committees
Executive Committees
Section 6.01 The Board of Trustees may, by a majority vote of directors, designate two (2) or more of its members (who may also be serving as officers of the corporation) to constitute an Executive Committee and delegate to such Committee any of the powers and authority of the board in the management of the business and affairs of the corporation, except with respect to:
(a)
The approval of any action which, under law or the provisions of these Bylaws, requires the approval of the members or of a majority of all of the members.(b)
The filling of vacancies on the board or on any committee which has the authority of the board.(c)
The fixing of compensation of the Trustees for serving on the board or on any committee.(d)
The amendment or repeal of Bylaws or the adoption of new Bylaws.(e)
The amendment or repeal or any resolution of the board which by its express terms is not so amendable or repeal able.(f)
The appointment of committees of the board or the members thereof.(g)
The expenditure of corporate funds to support a nominee for director after there are more people nominated for director that can be elected.(h)
The approval of any transaction to which this corporation is a party and in which one or more of the Trustees has a material financial interest, except as expressly provided in Section 5233(d)(3) of the California Nonprofit Public Benefit Corporation Law.By a majority vote of its Trustees then in office, the Board may at any time revoke or modify any or all of the authority so delegated, increase or decrease but not below two (2) the number of its members, and fill vacancies therein from the members of the Board. The Committee shall keep regular minutes of its proceedings, cause them to be filed with the corporate records, and report the same to the Board from time to time as the Board may require.
Other Committees
Section 6.02 The Corporation shall have such other committees as may from time to time be designated by resolution of the Board of Trustees. Such other committees may consist of persons who are not also members of the Board. These additional committees shall act in advisory capacity only to the Board and shall be clearly titled as "advisory" committees.
Meeting and Action of Committees
Section 6.03 Meetings and action of committees shall be governed by, noticed, held and taken in accordance with the provision of these Bylaws concerning meetings of the Board of Trustees, with such changes in the context of such bylaws provisions as are necessary to substitute the committee and its members for the Board of Trustees or by the committee. The time for special meetings of committees may also be fixed by the Board of Trustees. The Board of Directors may also adopt rules and regulations pertaining to the conduct of meetings of committees to the extent that such rules and regulations are not inconsistent with the provisions of these Bylaws.
Article VII Execution of Instruments
Section 7.01 The Board of Trustees may, in its discretion, determine the method and by resolution designate the signatory officer of officers, or other person or persons, to execute any corporate instrument or document, or to sign the corporate name without limitation, except where otherwise provided by law, and such execution or signature shall be binding on the corporation.
Article VIII. Corporate Records and Reports
Keeping Records
Section 8.01 The corporation shall keep adequate and correct books and records of account and shall keep minutes of the proceedings of its members, Board of Trustees, and Board Committees, and shall keep at its principal executive office, or at the office of its transfer agents or registrar, a record of its members, giving the names and addresses of all members. The minutes must be kept in written form. The other books and records shall be kept either in written form or in any other form capable of being converted into written form.
Inspection by Members and Trustees
Section 8.02 Any member shall have the right on written demand to inspect and copy the accounting books and records, and the minutes as provided by law. Each trustee shall have the absolute right at any reasonable time to inspect and copy all books, records, and documents of every kind and to inspect the physical properties of the corporation.
Annual Report
Section 8.03 Not later than 120 days after the close of the corporation’s fiscal year, the Board shall cause a report to be prepared. The report shall be maintained at the principal executive office of the corporation, and available for inspection in accordance with Section 8.02 of these Bylaws. Upon written request by a member for a copy of the report, the Secretary shall cause a copy of the annual report to be mailed to that member.
Section 8.04 The annual report shall contain in appropriate detail:
·
The assets and liabilities, including trust funds as of the end of the fiscal year;·
The principal changes in assets and liabilities, including trust funds, during the fiscal year;·
The revenue or receipts, both unrestricted and restricted, for the fiscal year;·
The expenses or disbursements, for both general and restricted purposes, during the fiscal year; and·
Any other information required by lawSection 8.05 The annual report shall include any report thereon of independent accountants, or the certificate of an authorized officer of the corporation that the statements within the report were prepared without audit from the books and records of the corporation.
Section 8.06 The Museum shall maintain a database for the entire collection showing its provenance, its insurance value, its location within the museum, its status as owned, on loan to others, or loaned to the museum by others, a photo and any pertinent information necessary to identify and locate an item under the control of the museum.
Article IX. Amendment of Bylaws
Section 9.01 These Bylaws may, from time to time and at any time, be amended or repealed, and new or additional Bylaws adopted be approval of the Board of Trustees, subject to any restrictions imposed by the Articles of Incorporation on the power of the Board to adopt, amend, or repeal Bylaws, provided, further, that: (1) a Bylaw changing the number of trustees or from a fixed to a variable Board can be adopted only by approval of the members; and (2) any such Bylaws reducing the numbers of trustees below five (5) cannot be adopted if the votes cast against its adoption at a members’ meeting, or the member not consenting in the case of action by written consent, are equal to more than sixteen and two-third (16 2/3) percent of the outstanding members entitled to vote.
Article X.Museum Collection Policy
This revision supercedes Article X Sections 10.01-03 Approved 1-21-2006
|
10.01 PURPOSE. 10.02 ACQUISITIONS. 10.03 MAINTENANCE OF THE COLLECTIONS. 10.04 DISPOSITIONS. 10.05 USE OF COLLECTIONS 10.06 DEFINITIONS |
Section 10.01 PURPOSE
The mission of the Oakland Aviation Museum is to provide a vital resource to Oakland and surrounding communities inspiring interest in the rich aviation history of Oakland and the Bay Area, fostering growth in aviation education and awareness and promoting community for local area groups.
The museum exists for the purpose of providing education, inspiration and aesthetic enrichment for all people through exhibition and explanation. The Museum's goal is to educate and enlighten people about the past history, technology and cultural aspects of aviation in Oakland and the Bay Area.
This document replaces existing policy entitled "Oakland’s Western Aerospace Museum Collections Policy May 2004" and explains administrative intent governing the acquisition, use, and disposition of those collections by the Oakland Aviation Museum herein after referred to as the Museum. The rules set forth in this policy statement;
Outline basic priorities for adding new objects to the collection.
Provide direction for acquisition of collections by the Museum.
Affirm that the highest ethical standards will be met by the Museum staff and volunteers in all transactions, including avoidance of conflicts of interest.
Affirm that the Museum staff and volunteers will comply with all domestic and foreign laws and regulations governing the collecting of objects, the transfer of ownership of those objects, and the movement of objects and collections across political boundaries.
Assure that the standards of documentation for acquisitions shall equal or exceed those current in the respective disciplines relating to the collection.
Define the conditions of acceptance that may be placed upon objects to be acquired by the Museum or on its behalf.
Define the conditions and procedures for permanent removal of objects from the Museum collections.
10.02 ACQUISITIONS
A. Museum Collections
The Oakland Aviation Museum collections can be improved by
selective addition of new objects.
It is equally clear that the Museum cannot engage in indiscriminate acquisition.
The diversity of human culture and related artifacts, are so extraordinarily
large that physical space limitations alone make comprehensive collecting
impossible. The financial aspects of fulfilling the Museum's continuing
obligation to preserve, maintain, and use representative samples of Oakland’s
aviation history limits our acquisition capabilities. Consequently, a schedule
of priorities for new acquisitions has been adopted. For similar reasons,
consideration must be given to policies covering disposition of objects that may
no longer be appropriate or necessary for the Museum's areas of interest.
B. How Objects and Collections are Acquired.
1. Objects and collections that are to become part of the collection (related
use) should be acquired by direct gift, bequests, purchases, exchanges, and
other transfers.
2. Objects and collections, or other assets that may be acquired as an "unrelated use" ie: sold in the future should be acquired directly by the Museum Board.
3. Objects or collections that are to become part of the Museum's collection, but which can only be acquired through purchase, should be acquired by direct approval of the Museum Board.
C. Priorities for Acquisition.
First Priority. To strengthen collection areas in which the Museum has a current specialization and recognized historical interest. Examples of primary priority acquisitions are objects of direct use in present or projected research or in current educational or exhibition programs; high quality objects needed to fill gaps in the current holdings or to supplement objects of lesser quality. Objects where technological changes and expanding human activity place a time limit on the period in which sampling can take place.
Second Priority. To broaden the comparative base of our established collection areas. An example of secondary priority acquisitions would be objects that will strengthen a collection in a subject area related to a previously established one.
Third Priority. To obtain collections of a general nature that is within the broad interests of the Museum. Examples of tertiary priority acquisitions are interesting or unique, but adequately documented objects of limited use in a scientific or research sense; objects outside the scope of current Museum collections, but that might in the future have direct use in explaining more fully the diversity of nature and culture to the lay public.
It is recognized that acquisition of objects often must be opportunistic. From time to time, collections of recognized national or international significance become available from individuals or institutions that no longer are able or willing to preserve, maintain, and use them in research and educational activities. Acceptance of responsibilities for such collections may involve establishing a new area of interest within the Museum. Acquisition of such collections must be judged on their individual merits, carefully weighing the values and costs of such additions against the evolving programs and emphases of the Museum (see '2I. Accessioning Acquisitions' below).
D. Ethics of Acquisition.
All acquisitions by the Oakland Aviation Museum shall reflect its commitment to preserve and guard the rich aviation history or Oakland and the Bay Area. Objects that have been collected recently in such a careless manner as to impair their value shall not be accepted, e.g., objects with inadequate provenience.
E. Laws Governing Acquisition.
The Museum will also refuse to acquire objects in any case where it has cause to believe that the circumstances of their collection involved the recent unscientific or intentional destruction of sites or monuments, or where local, state or federal laws or international treaties have been violated. These standards also will be taken into account in determining whether to accept loans for exhibition or other purposes. Reasonable efforts will be made to ensure that these conditions are met, that title to the object or objects may properly be transferred to the Museum, and that the Museum keeps up to date on the changing laws and regulations concerning object collecting, ownership, and movement across political boundaries. The Museum will cooperate with authorities of the United States and other countries in legal action against those committing improprieties.
In an attempt to avoid encouraging, even indirectly, trade in illicit or irresponsibly recovered objects, the Museum will not authenticate any object whose acquisition does not meet the Museum's own criteria for acquisition. In addition, if the Museum should inadvertently acquire an object that is later determined to have been exported or recovered in violation of the Museum's acquisition policy, the Museum will promptly return the object to the owner or transfer to the government of the country of origin, or to another appropriate recipient.
F. Conditions of Acceptance.
With very few exceptions, all acquisitions are unconditional. The Museum normally cannot accept objects on which the owner has placed restrictions that would prevent effective research examination, normal exhibition use, loan, or disposal in accordance with this established policy. The Museum also cannot accept objects with restrictions requiring that they be placed on exhibition, or that the collection of which they form a part should be kept together permanently and/or displayed only as a discrete collection.
G. Standards of Documentation.
Minimum requirements of documentation, including provenience, should not vary in the Museum collection. Such standards are necessary requisites for objects to be added to the collection. We cannot afford to permanently house objects lacking historic value. Objects with less than complete data, but having scientific or educational value, may be accessioned at the discretion of the curator in charge and the Collections Committee.
H. Appraisal and Authentication of Acquisitions.
No member of the Museum staff shall, in his or her official capacity, give appraisals for the purpose of establishing the tax deductible value of gifts or purchases offered to the Museum. The U.S. Internal Revenue Service prohibits appraisals from a recipient institution that is directly involved in the transaction. Only appraisals from disinterested third parties are accepted. No member of the Museum staff knowingly shall appraise, identify, or otherwise authenticate historical or cultural objects for other persons or agencies under circumstances that could encourage or benefit illegal, unethical, or irresponsible traffic in such objects. Identification and authentication may be given for professional or educational purposes and in compliance with the legitimate requests of professional or governmental bodies or their agencies. Where appropriate, the Museum will assist owners in finding qualified professionals who can provide appraisals.
I. Accessioning Acquisitions.
Before any collection is accessioned into the Oakland Aviation Museum collection, a summary report must be completed and filed in the permanent records of that collection. The report shall contain the following information:
1. Name of collection being acquired.
2. Summary of contacts with owner or administrator; names and dates.
3. Name of collection owner if different from initial contact.
4. Items in collection, e.g., number of objects or number of lots, books, notes, photographs.
5. Statement about the provenience of the objects-a brief summary should be provided for large collections containing hundreds of objects with varied or extensively detailed provenience.
6. Copies of documentation certifying to the legality of the collection, e.g., export permits from the country of origin, U.S. federal or state permits, statement from owner.
7. Signed letter, document, or certificate from the owner stating that title to the collection is being transferred to the Oakland Aviation Museum.
8. Date collection was transferred to the Museum.
9. Names of people involved in the acquisition.
10. Date and signature of the curator and/or collection manager.
11. A copy of the acknowledgment certificate given to the owner.
12. Information detailing the circumstances of original acquisition and the curatorial history of the collection.
13. If the collection is a large one, which will require
considerable curation (i.e., expense) before it is fully incorporated into the
Museum collection, the following additional information must be included:
a. How the collection will be transported to the Museum.
b. Cost of transporting the collection to the Museum.
c. Where the collection will be held while it is being processed into the
collection.
d. Projected time needed for curation.
e. Projected cost of curation, including extra staff, cabinets, labels, computer
entry, etc.
f. Before any sizable collection can be acquired and accessioned, the Oakland
Aviation Museum Board of Directors must be made aware of the curatorial time and
budget that will be committed to integrating the collection into the research
collection.
10.03 MAINTENANCE OF THE COLLECTIONS
A. Curation
All the collections of the Oakland Aviation Museum shall be curated according to the highest professional standards. That curation aims to preserve and maintain the collection, and the objects and associated data they contain, so they will be available in perpetuity for use in studies and exhibitions (the rare exceptions are discussed below under '4E. Disposal' and '5E. Destructive Analysis'). To assure that those standards are met, each collection in the Museum shall be assigned to the responsibility of the curator and the Collections Committee.
10.04 DISPOSITIONS
A. Legal and Ethical Constraints.
All of the provisions for disposition shall be consistent with the ethical and legal constraints set forth in '2D. Ethics of Acquisition', '2E. Laws Governing Acquisition', and '3A. Curation' above. No transfer or disposal shall be made of any objects held by the Museum in bond. The Museum acts as custodian of objects for the broader benefits of society. This, at times, requires permanent removal of objects from the Museum. The Museum's legal, professional, and moral obligation to maintain its collections for the public good extends even to dispositions. When dispositions are appropriate, every effort should be made to transfer objects to other museums or public institutions where they will continue to be available for research and education. See also '5E. Destructive Analysis' below. Such transactions must not profit individuals or private institutions. A record of all transfers and disposals shall be maintained as part of the permanent records of the museum.
B. General Policy on Dispositions.
Objects in the collections should be retained permanently if they continue to be useful to the purposes and activities of the Museum; if they continue to contribute to the integrity of the collections; and if they can be properly stored, preserved, and used. Upon the recommendation of the curator, objects may be disposed of by formal deaccessioning when the above conditions no longer exist, or if it is determined that such action would ultimately improve or refine the collections, upon compliance with all legal requirements.
C. Recommendation of Curator.
Each object being considered for deaccessioning must meet the following criteria as evidenced by the written recommendation of the curator in charge to the Collection Committee, and based upon one or more of the following:
1. The object lacks value for scientific research or documentation, or for educational use.
2. The object no longer retains its physical integrity, its identity, its provenience, or its authenticity.
3. The object is not relevant to or consistent with the Museum's function and purpose.
4. Exchange of a redundant object (one of a series of similar objects with similar provenience in the collection) with a recognized public collections facility will improve and refine the Museum's collection. Such deaccessions shall be made by transfer or disposal.
D. Transfer.
Permanent transfers of valuable objects may be recommended by the curator in charge and approved by the Collection Committee and the Oakland Aviation Museum Board of Directors. Except in extraordinary circumstances they shall be made only to other public institutions. Transfers to private individuals shall be made only when the curator can demonstrate a benefit to the collection of the Museum, and only after approval of the Collections Committee and the Oakland Aviation Museum Board of Directors.
All objects or collections with a fair market value reasonably expected to be in excess of $5,000.00, shall require prior approval of the Oakland Aviation Museum Board of Directors before transfer from the Museum.
The deaccessioning of human remains and cultural objects for repatriation to Native American tribes is a specialized form of transfer mandated by federal law in the Native American Graves Protection and Repatriation Act (NAGPRA). The Oakland Aviation Museum is committed to compliance with this legislation.
E. Disposal.
Over the years, as standards of object documentation change, as the collections grow and objects suffer deterioration, objects that formerly were a significant part of the collections may become surplus. Removal or culling of such objects from the collection is a continual and routine process.
If objects are not needed by the Museum, the curator of the Museum collection may give them to appropriate educational institutions for use in teaching activities, or if no alternative exists, they may be discarded completely or destroyed. Such objects for disposal shall have all identifying marks and numbers removed from them and the disposal shall be noted in the appropriate research collection catalogues by the curator in charge, and then disposed of in accordance with these guidelines. Appropriate notification of such disposals shall be sent to the Collection Committee and then to Oakland Aviation Museum Board of Directors. Objects shall not be given or sold privately to Museum employees, volunteers or their relatives or representatives.
The Museum may devise specialized discard procedures for certain types of collections, but any such specialized procedure must be approved by, and on file with, the Oakland Aviation Museum Board of Directors.
Some objects in the Museum's collections were acquired from U.S. federal agencies with the legal obligation to curate these objects in perpetuity. Before the Museum can dispose or transfer any such objects from federal agencies, the appropriate agency must agree in writing to the deaccessioning.
F. Private Collections.
Conflicts Of Interest and Ethical Constraints; If a curator, collection manager, technician, research assistant, or other Museum employee were to maintain a private collection in his or her professional field of interest, the temptation would be great to put particularly valuable objects in the private collection rather than in the Museum collection. Because of this potential conflict of interest, Museum employees are prohibited from having private collections, or objects of scientific interest in collections, that are in their professional field of interest.
Collections of objects of primary scientific interest and associated field notes or xerographic copies made by professional Museum staff with the use of Museum funds, direct or indirect, complete or partial, in the broadest sense, shall be Museum property. No authority shall be granted the Museum to restrain or restrict a principal investigator's use of his or her own field notes. Should the principal investigator leave the Museum staff, a complete copy of the field notes shall be left with the Museum.
Personal collections, where permitted by the above policy, may be amassed by Museum staff only through compliance with applicable state and federal laws.
In addition, every student working in the Museum is subject to the above policies which will be communicated by consultation between the student and his or her immediate supervisor in the Museum.
The private collections policies set forth in this section does not apply to non-paid associates and courtesy appointments.
However, such volunteers and honorary colleagues are prohibited from adding to their private collections any objects acquired as a result of their association with the Museum. This 'conflict of interest' policy shall be carried out with the best interests of the Museum in mind.
Any dispute arising from this section shall be resolved by the Collection Committee, and the Museum Board of Directors.
10.05 USE OF COLLECTIONS
A. Loans.
Materials from the collections may be loaned to or borrowed from other museums,
universities, and other appropriate public institutions for research and/or
exhibition purposes. A record of all incoming and outgoing loans shall be
maintained as part of the permanent records of the museum.
B. Incoming Loans.
Incoming loans shall be accepted only for purposes of research or exhibition
under the following conditions:
1.No indefinite or long-term loans shall be accepted, but exceptions may be authorized by the Board of Directors on recommendation of the Collection Committee.
2.Incoming loans shall not be accepted if they do not meet the same standards set forth in '2D. Ethics of Acquisition' and '2E. Laws Governing Acquisition' above.
3.While the loans are in our care, they will be handled, conserved, stored, and exhibited, as required by the lending institution or otherwise accorded the same professional care as if they were part of the Museum's collections.
C. Outgoing Loans.
The Museum lends objects to qualified institutions for scholarly research and
exhibition subject to the policies and practices consistent with the Museum's
collection policies. However, the following pertain to all outgoing loans:
1.Objects shall not be lent to individuals except under exceptional circumstances and then only on the recommendation of the Collection Committee and with the approval of the Museum Board of Directors. Before lending to individuals, the committee must make every effort to seek an institutional affiliation or endorsement for that person. If an institutional affiliation is impossible to establish, then written reasons must be stated with the loan form.
2.Objects requested by students will require faculty or institutional endorsement and will be considered the direct responsibility of the faculty member or institutional representative endorsing the request.
3.Loans shall not be transferred by the borrower to any other institution or individual without prior written approval of OAM.
4.The maximum duration of any loan shall be one year, but shall be subject to renewal.
5.Objects shall not be loaned for destructive analysis except as provided in '5E. Destructive Analysis' below.
6.Shipment of outgoing loans shall comply with labeling and permitting requirements of all applicable state and federal laws and international treaties.
D. Access to Collections.
During normal operating hours, the collections shall be accessible for
legitimate research and study by responsible investigators, subject to
procedures necessary to safeguard the objects and to restrictions imposed by
limitations of space and facilities, exhibition requirements, and availability
of appropriate curatorial staff.
E. Destructive Analysis.
Since aspects of it are related to '4E. Disposal', research involving
destructive analysis is a specialized use and requires special consideration.
Destructive analysis is not allowed, except under exceptional circumstances, and
requires the prior approval of the curator in charge, the Collections Committee
and the Board of Directors. The Museum's legal, professional, and moral
obligation to maintain its collections for the public good extends even to
destructive analysis.
On occasion, destructive analysis of specimens yields information which benefits
the collection and is in the public interest. This is particularly true when
redundant, not unique, specimens or materials are involved.
When destructive analysis is appropriate, every effort should be made to limit destruction to less than the entire specimen and to save what remains so it will continue to be available for research and education.
Requests for destructive analysis must detail the specimens or materials required and the procedures to be conducted. Any remains from the analysis remain the property of the Museum unless other provisions are specifically allowed in writing by the curator in charge prior to destruction. In cases involving the dissection of biological specimens, the undestroyed component parts shall be returned to the collection along with associated identifying tags or marks. The data resulting from the destructive analysis shall become part of the collection of the museum and will be maintained with the records associated with the materials analyzed. At the discretion of the curator in charge, arrangements may be made to divide duplicate histological slides and similar preparations between the researcher and the collection.
F. Use in Exhibitions.
The Museum places original, reconstructed, and duplicated objects from the
collections on public exhibition. These objects remain the curatorial
responsibility of the collection from which they originated, and shall be
treated in a manner consistent with the policies stated above. If the curator
determines that exhibition will damage the objects, or is damaging the objects,
from the collection, the situation shall be remedied immediately. Such remedy
may entail removal of the objects from exhibition with approval of the curator
in charge and consultation with the Collection Committee.
G. Commercial Use of Museum Objects.
The Museum collections normally are not available for commercial non-educational
use. However, at the discretion of the curator in charge and with approval of
the Board of Director, objects may be made available for reproduction for
commercial sale. The curator and the Collection Committee shall be the judge of
quality control, selections, and marketing with approval of the Board of
Director. Such commercial use shall be consistent with this collections policy.
Copyright for reproduction of Museum objects shall remain the property of the
Museum.
10.06 DEFINITIONS
'Collection' is an assemblage of objects acquired, accessioned, and conserved because of their historic significance and educational value.
'Object' encompasses all collection materials, including, but not limited to, specimens, artifacts, articles, photographs, illustrations, drawings, archival and library materials, field notes and records, and exhibits.
'Acquisition' involves all transactions by which title to incoming objects is transferred to Oakland Aviation Museum or by which the objects come under the professional administrative and curatorial control of the Museum, and includes gifts, bequests, purchases, exchanges, and other transfers, in addition to collection by Museum staff.
'Disposition' involves all transactions by which title to outgoing objects is transferred from the Museum
'Accession' refers to the specific procedures that are followed in the preliminary logging of new to another institution or individual, as well as disposal by intentional destruction. Objects into the Museum's collections following acquisition.
'Deaccession' refers to the specific procedures that are followed in removing objects from the Museum's collections in preparation for disposition.
'Curation' embraces all aspects of professionally caring for the collections and the objects they contain, including, but not limited to, acquiring, accessioning, cataloguing, maintaining, preserving, restoring, deaccessioning, and disposing of the collections, objects, field notes, databases, and other associated records and documentation.
*Note that acquisitions and dispositions do not include 'loans' or 'chain of custody evidence' both of which are the temporary transfer of collection objects to and from the museum without a change of ownership (see '5B. Incoming Loans' and '5C. Outgoing Loans' above).
CERTIFICATE OF SECRETARY
I certify that:
1.
I am the secretary of the Oakland Aviation Museum.2.
The attached Bylaws are the Bylaws of the corporation and were approved by the Board of Trustees and, to the extent required, by the members on August 30, 2008.Date: August 30, 2008
J. Larson, Secretary of Oakland Aviation Museum Board of Directors