012-01-80 Ark. Code R. § 1
The agency of state government known as the Arkansas Commemorative Commission maintains administrative offices at the Old State House, 300 West Markham Street, Little Rock, Arkansas 72201. Information on the agency's operation and programs may be obtained by writing the Director or Chairman at the above address, or by calling (501) 371-1749 during business hours.
Act 256 of 1947 creates and prescribes the functions, duties and powers of the Arkansas Commemorative Commission, for the purpose of providing jurisdiction over sites, buildings and objects, past and prospective, which illustrate the history of Arkansas. The Act directs the Commission to undertake a number of specific functions relative to historic sites, buildings and objects --
Acts 38 of 1971 and 1001 of 1975 further prescribe the duties and powers of the Arkansas Commemorative Commission. Act 1001 of 1975 transferred the Commission to the Department of Arkansas Natural and Cultural Heritage under a type 1 transfer, defined in Act 38 of 1971. In reference to the Commission, a type 1 transfer allows the Commission to retain exactly the same powers, authorities, duties and functions prescribed by Act 256 of 1947 as amended; all budgeting, purchasing and related management functions are, however, to be performed under the direction and supervision of the Director of the Department of Arkansas Natural and Cultural Heritage. As specified by Act 38 and 1001, the Commission retains its policy - making and program functions, while the Department of Arkansas Natural and Cultural Heritage controls management and administrative functions.
Act 256 of 1947 specifically transferred responsibility for the Arkansas State War Memorial Building (also known as Old State House and Arkansas' First State Capitol) to the Arkansas Commemorative Commission. Act 614 of 1977 re-established the name "Old State House" for the property, and gave the Commission "exclusive jurisdiction for the custody, care, restoration and use of the Old State House, at all time preserving its architectural design..."
Act 256 of 1947 allows the Commission to acquire, in the name of the State, historic buildings. Trapnall Hall was donated to the Commission in 1976, by the Junior League of Little Rock.
Act 882 of 1975 provided that the Director of the Arkansas Commemorative Commission or the office of the Arkansas Historic Preservation Program of the Arkansas Commemorative Commission approve the creation, modification or termination of preservation restrictions. Act 480 of 1977 established the Arkansas Historic Preservation Program as an agency of state government separate from the Arkansas Commemorative Commission. As a result, the Arkansas Commemorative Commission retained the function of administering the preservation restriction program because of its statutory authority to acquire property in the name of the State. The Arkansas Historic Preservation Program continues, however, to provide technical assistance in the form of review, recommendation and monitoring of properties subject to Act 882 of 1975, upon the request of the Director, Arkansas Commemorative Commission. All inquiries on the program should be directed to Director, Arkansas Commemorative Commission.
Administration
The Commission serves as the policy-making authority for the programs that it oversees -- the Old State House, Trapnall Hall and the preservation restriction program-- and establishes rules and regulations for its activities. It determines major goals and objectives at the beginning of each fiscal biennium for each of its programs in coordination with the administrative practices of the Department of Arkansas Natural and Cultural Heritage. It delegates certain functions to staff through the Director of the Commission. The Commission considers the addition of new programs and alterations to existing programs under its statutory jurisdiction.
The six members of the Commission are appointed by the Governor, one from each Congressional District and two from the state at large. They are selected for their knowledge of and interest in the history of the state., and must be citizens of the state.
Commission members are appointed for nine-year terms. Each member continues to hold office until his successor qualifies. A vacancy occurring before the term of office expires is filled by appointment of the Governor for the balance of the unexpired term and until a successor qualifies. Appointees must accept office in writing within 15 days, or the appointment becomes void and the Governor again appoints.
According to Arkansas Statue 6-603, any Arkansas Commemorative Commission member who is absent from 2 successive regular meetings, without a satisfactory excuse to the Governor, may be subject to removal from the Arkansas Commemorative Commission by the Governor. Any Arkansas Commemorative Commission member absent from 3 successive meetings for any reason other than illness with a physician's written sworn statement entered into the minutes, shall forfeit and vacate his (her) membership from the Commission and the Governor shall fill the vacancy as described in 3.1-02 and 3.1-03.
No Commission member shall receive compensation for services, but shall be reimbursed for expenses incurred in the performance of duties in accordance with state government procedures.
Actions of Commission members are guided by the principles and requirements of Act 570 of 1979, an Act to Establish a Code of Ethics for Public Officials and Employees, and for other purposes, and by Act 256 of 1947.
The Governor appoints the Chairman to serve until the expiration of his (her) term on the Commission or at the pleasure of the Governor. The Commission selects from its members a Vice-Chairman and a Secretary. The Secretary may delegate his (her) functions to the staff.
The Commission meets quarterly during regular business hours in any location in the state. Dates of regular quarterly meetings are established for each calendar year at the last regular meeting in the previous calendar year. Special meetings may be called by the Chairman. Notice of regular and special meetings is made to the press and media, and to other interested parties. All meetings are open to the public, with closed sessions allowed only for personnel-related matters. A quorum consist of four members present, and a majority affirmative vote of those members is sufficient for the disposition of business. The Chairman may vote for quorum purposes only. Meetings are conducted according to the latest revision of Robert's Rules of Order.
As required by Act 256 of 1947, the Commission submits an annual report of its activities to the Governor with its recommendations for the coming year by the first Monday in December. The Commission in addition submits a report to the Governor, General Assembly and other interested parties at the close of each fiscal year.
The Chairman of the Commission may appoint committees as deemed necessary to consider matters relating to each of the Commission's programs.
The Director of the Commission is appointed by the Director of the Department of Arkansas Natural and Cultural Heritage with the advice and consent of the Governor. The Director of the Commission is responsible for implementing the policies and programs determined by the Commission and for administering the agency in accordance with the procedures of the Department of Arkansas Natural and Cultural Heritage Director and of state government, The Director of the Commission serves as liaison to the Commission and the Department of Arkansas Natural and Cultural Heritage for all agency staff, and directs the daily operation of agency programs and||| employees.
Procedures
"Collections" - the general term used for all material holdings of the Arkansas Commemorative Commission in the name of the State of Arkansas. Specific categories are defined below.
"Exhibit Collections" - those objects which directly enhance the purpose of the Arkansas Commemorative Commission as stated herein and which are governed by all the provisions of this section.
"Library Collection" - books and other manuscript materials which can be used by the staff and public to increase their understanding of the Arkansas Commemorative Commission collections and Arkansas history.
"Equipment Collection" - those objects used to maintain the Arkansas Commemorative Commission buildings, grounds and collections, and which are listed on the State Inventory.
"Non-Inventoriable Equipment" - those expendable objects used to maintain the Arkansas Commemorative Commission buildings, grounds and collections which are not eligible for State Inventory (cost less than $25.00 or have a life expectancy of less than two years).
"Interpretive Services Collection" - those expendable objects which contribute to the educational programs of the Arkansas Commemorative Commission and which are available directly to the public for examination (limited life expectancy).
"Prop Collection" - those expendable objects which do not enhance directly the purpose of the Arkansas Commemorative Commission as stated herein, but which contribute to and enhance the visual and educational value of exhibit collection objects while they are on public exhibit (limited life expectancy).
"Gifts" - those objects which have been donated to the Arkansas Commemorative Commission and for which legal ownership has been transferred to the Arkansas Commemorative Commission at no cost.
" Long-term Loan" - the transfer of an object or group of objects, which enhance the purpose of the Arkansas Commemorative Commission as stated herein, to the Arkansas Commemorative Commission for a specified period of time, but which does not involve transfer of legal ownership.
"Temporary Loan" - the transfer of an object or group of objects to the Arkansas Commemorative Commission for a specified time and purpose, but which does not involve a transfer of legal ownership.
"Accession" - the formal process used to accept and record an object as a collection item.
"Deaccession" - the formal process used to remove an object permanently from the collections.
It is the policy of the Arkansas Commemorative Commission to
--acquire, retain and manage collections in the name of the State for the uses they serve in historic research, education and exhibition, and to preserve the collections for these uses by future generations
--require employees to act responsibly, ethically and legally in acquiring, accepting and disposing of historic objects
--discourage by all practical means unethical, illegal and destructive practices with respect to collecting, transporting and traffic in historic materials
--obtain and maintain adequate records concerning objects in the collections including the place; and circumstances of origin and subsequent history
--rely on the competence and judgement of staff, or on other experts acceptable to them, on batters concerning the relevance and usefulness of objects in collections and of objects proposed for acquisition or disposal
--observe strictly the mandatory provisions and to make reasonable efforts to follow the precatory conditions that may be attached to gifts, to the extent required by prevailing law and advised by competent legal counsel.
The authority for all transactions is vested in the Director, Arkansas Commemorative Commission except as provided herein.
The following procedures will be observed by and shall guide Arkansas Commemorative Commission employees in acting in their official capacities, unless and until modified or rescinded by the Arkansas Commemorative Commission.
Acquisition
-- the objects are relevant to and consistent with the purposes and activities of the Commission
-- the Commission can provide for the storage, protection and preservation of the objects under conditions that ensure their availability for its purposes and in keeping with professionally accepted standards
-- it is intended that the objects shall remain in the collections as long as they retain their physical integrity, their authenticity and their relevance for the purposes of the Commission
Incoming Loans
-- the objects are extremely relevant to the purpose of the Commission
-- the objects are of unique quality consistent with Commission purposes
-- the condition of the object is such that maintenance and storage will not exceed museum resources
-- loan of the object will in all probability lead to donation to the Commission
Appraisals
Commission employees shall not, in their official capacities, give appraisals for the purpose off establishing tax-deductible value to gifts offered of the Commission. They shall not appraise, authenticate or identify objects under circumstances that could encourage or benefit illegal, unethical or irresponsible traffic in such materials. Identification and authentification may be given for professional or educational purposes only.
The Director or the Director's Designee is authorized to assign values to collection objects for insurance purposes, and to seek appropriate professional expertise to assist in the assignment of insurance values.
Collection Care
Employees of the Commission who are in direct contact with collection objects shall be cognizant of general conservation needs of the collection. Exhibit preparators shall be responsible for providing specific conservation needs for objects placed on exhibit with the advice of the collections staff and Director. The collections staff shall be responsible for following proper conservation methods for objects in storage. The Director shall make final decisions regarding treatment needs for individual objects.
Inventory of collections shall occur at regular intervals and a file system representing the location of each object shall be kept current by the Registrar at all times.
The Commission shall provide a fine arts insurance policy for the protection of collections in the amounts deemed appropriate by the Director.
Flash photography will not be permitted in areas of collection exhibit or storage without the express consent of the Director.
Availability of Collection
Existing photographic reproductions of collection objects shall be made available to the general public upon request and for a reasonable fee.
Public access to non-exhibit areas for collection examination will not be permitted normally. Supervised access to the collection shall be granted on an individual basis by the Director or collections staff for purposes of research or security inspection.
Truth in Presentation
The collections will be used to disseminate knowledge with honesty and objectivity. They will not be used to perpetuate myths or stereotypes.
Disposal
Personal Collecting
The Commission encourages its employees to pursue personal activities related, to their job responsibilities. The Commission reserves the right, however, to require that employees inform it through the Director of personal collections in the areas that the Commission collects. If an employee acquires an object through purchase which directly enhances the purposes of the Commission, the Commission must be given the opportunity to acquire the object within 60 days of the employee's notification, at the price paid by the employee.
Commission employees may not use their professional postions to promote personal collecting activities. No employee may participate in dealing, i.e. buying and selling for profit, in objects similar to those collected by the Commission.
Should evidence be presented to the Commission that any object in its possession was acquired, subsequent to the date on which these Rules are approved by the Commission, in violation of the principles in paragraph 2, under Acquisition 4.1-04, the Commission will investigate the circumstances. If justified by the investigation, the Commission will return the object to its rightful or legal owner, to the extent that it is legally possible and practical to do so.
It is understood that the Arkansas Commemorative Commission holds property in the name of the State of Arkansas. If for any reason the Commission should cease to exist, all property held by it through legal title will remain property of the State of Arkansas.
The Old State House is operated as an historic structure and museum. Its resources are used to encourage understanding and enjoyment of the state's history by all people.
The museum in the Old State House [presents and interprets the history of Arkansas through two major program areas -- the political history of the state; and home life in historic Arkansas with emphasis on the period since the tame of the Civil War. Long-term exhibits are installed on topics central to the political history of the state, home life since the Civil War and the historic structure. A program of temporary exhibits is designed to expand upon the permanent exhibits and encourage return visitation. Interpretive materials and programs that further illustrate the state's history are provided to the general public and to school children. All of these interpretive services are based on the purpose of the museum, with programs for school children designed to complement and expand the public school curriculum. The Old State House conducts research and publishes in the areas of state political history, home life since the time of the Civil War and the historic structure.
In all of these programs and services, the Old State House adheres and contributes to professional museum standards.
The Old State House is open to the public for visitation and tours Monday through Saturday from 9:00 a.m. until 5:00 p.m., and on Sundays from 1:00 p.m. until 5:00 p.m. The museum is closed regularly on New Year's Day, Thanksgiving, Christmas Eve and Christmas Day. The museum may be closed at other times at the discretion of the Director, Arkansas Commemorative Commission for reasons of public safety or security. There is no admission charge. In addition to its normal schedule of exhibits and tours, the Old State House sponsors periodic special events for the benefit of the public for which there may be made a reasonable charge. Notice of special events, exhibits, programs and tours are disseminated to the public through an active program of press and media releases.
In addition to the public events sponsored or cosponsored by the Arkansas Commemorative Commission and to public events which contribute directly to the purpose of the Old State House, the Commission allows private use by individuals and organizations. No private use may interfere with the operation of the Old State House as a public museum facility, and a reasonable charge is made for each private use. The area available, the duration of the use and the number of participants may be limited for reasons of safety to the public or security to the Old State House.
Applications for private use of the Old State House are made in writing to the Office of the Director, Arkansas Commemorative Commission, at least two weeks prior to the event, and must include a complete plan for the proposed use. A decision is made by the Director or the Director's Designee based on the information provided by the applicant; the decision is communicated in writing to the applicant within one week of receipt of the request. Specific conditions governing the use of the Old State House will accompany the reply, and must be accepted by the applicant before the event. A non-refundable charge is made, payment of which must be received before the date of the event. Final confirmation of building use will not be made until the Commission's conditions are accepted by the applicant and full payment is received by the Arkansas Commemorative Commission.
In recognition of their participation in and contributions to the preservation of the Old State House, the Arkansas Commemorative Commission has dedicated permanently certain exhibit areas in the Old State House to the Arkansas Pioneers Association; the United Spanish War Veterans Auxiliary, Department of Arkansas; the Arkansas Federation of Women's Clubs; the Arkansas Society, National Society Daughters of the American Revolution; the Arkansas Division, United Daughters of the Confederacy, and the Arkansas Society, United States Daughters of 1812.
To affirm and preserve their unique and mutually beneficial partnerships, the Arkansas Commemorative Commission and each of the six organizations designated above periodically will negotiate, sign and review agreements governing their continued working relationships.
Trapnall Hall is operated as the Governor's Official Reception Center, and as an historic structure available to the public for rental.
Its rental program is promoted in a manner that ensures its becoming and continuing as a financially self-sufficient example of adaptive use.
Trapnall Hall's exterior, grounds and outbuildings shall conform to authentic period treatment to the extent feasible with available funds and existing memorials, Because of its adaptive reuse , as a rental facility, however, the interior will conform to the needs of rentors while recognizing some trends of interior design during the 1840-60 period.
Trapnall Hall is open regularly to the public from 9:00 a.m. until 1:00 p.m., Monday through Friday. Group tours may be arranged at other times by appointment. The Hall is closed regularly on state holidays and during private rental functions. The Hall may be closed at other times at the discretion of the Director, Arkansas Commemorative Commission for reasons of public safety or security. There is no admission charge when the Hall is open to the public.
The express purpose of Trapnall Hall is its operation as a rental facility. All inquiries and arrangements for rentals are to be directed to the Hall Manager, 372-4791, from 9:00 a.m. until 1:00 p.m. Monday through Friday, with the exception of the holidays noted in 4.3-02 above.
Procedures for Private Use
-- a non-refundable deposit and the completed Reservation and Function Planning Guide forms are required prior to confirmation of the rental
-- the balance of the rental fee is required on or before the date of rental
-- food may not be prepared at Trapnall Hall
-- all events must be catered
-- caterers retained by rentors are bound by all rules and regulations
-- alcholic beverages may be served only by professional bartenders/ waiters for a maximum of 2 hours, unless an extension fee has been paid prior to the function
-- events may exceed 4 hours only with payment of additional fees
-- dancing and heavy sound equipment are not allowed
-- rice may be distributed or thrown in the Hall only if an additional clean-up charge is paid
-- rentors are responsible for loss or damage to the building and its contents during their events
-- complete instructions, detailed assistance and current fees are available from the Hall Manager.
Trapnall Hall is available free of charge to the Governor as his Official Reception Center.
In order to preserve and protect any structure, site or open space historically significant for its architecture or archeology, preservation restrictions may be established under the provisions of Act 882 of 1975 and the Administrative Procedures Act, Act 434 of 1967.
"Preservation Restriction" - the term "Preservation Restriction," as used in these Rules and Regulations and Act 882 of 1975, shall mean a right, whether or not stated in the form of a restriction, easement, covenant or condition, in any deed, will or other instrument executed by or on the behalf of the owner of the land or in any other order of taking, appropriate to the preservation of the structure, site or open space historically significant for its architecture or archeology, to forbid to limit any or all (a) alterations in exterior or interior features of the structure, (b) changes in the appearance or condition of the site, (c) uses not historically appropriate, or (d) other acts or uses detrimental to appropriate preservation of the structure, site or open space.
"Charitable Corporation or Trust" - a "Charitable Corporation or Trust," as used in these Rules and Regulations and Act 882 of 1975 shall mean any non-profit organization which meets the criteria established and is so designated by the Arkansas Commemorative Commission to be a recipient of preservation restrictions established under Act 882 of 1975.
The Arkansas Commemorative Commission shall review all private organizations which desire to be recipients of preservation restriction: to determine if they- qualify under the requirements established.
All such organizations shall
-- be organized as non-profit corporations under the laws of Arkansas or authorized to do business in Arkansas
-- be authorized in their Articles of Incorporation to acquire title to property
-- designate as one of their primary purposes in their Articles of Incorporation the promotion of historic preservation
-- be designated as 501(c)(3) corporations by the Internal Revenue Service
-- demonstrate the ability to administer and enforce any preservation restrictions held by them.
The Arkansas Commemorative Commission shall evaluate all property which is suggested as appropriate for a preservation restriction. The evaluation should determine whether the significance is architectural and/or historical as well as whether its importance is of national, state or local significance. A National Register of Historic Places Inventory-Nomination Form shall be prepared on each piece of property to assist the Commission in its deliberations.
Criteria to be taken into consideration shall include, but not be limited to, the following
-- listed or eligible to be listed on the National Register or State Register, or recognized locally (Quapaw Quarter Plaque, for example)
-- located within a National Register Historic District or one established under local law
-- effect on property as a result of any national, state, regional and local comprehensive land use or development plan
-- possibility of destruction without the restriction
-- uniqueness of property
-- public access to property
-- use of property.
-- complete a National Register of Historic Places Inventor-Nomination Form
-- determine what shall be included in the preservation restriction (e.g., interior/exterior easement; height restriction; etc.)
-- complete the SAMPLE preservation restriction form which will be provided by the Arkansas Commemorative Commission
-- present the documents for review and approval by the Arkansas Commemorative Commission
-- after execution of the document and signature of the Director, Arkansas Commemorative Commission it shall be filed with the Circuit Clerk of the County in which the property is located
-- after filing, copies shall be sent to the Arkansas Commemorative Commission, the property owner and the recipient.
At least once a year the recipient of the preservation restriction will inspect the property to ensure that the provisions of the restriction are being followed. If it is found that the restriction is not being followed, the Attorney General's Office shall take steps for enforcement.
Should a property owner or restriction holder request that a restriction be modified, the Arkansas Commemorative Commission shall consider the proposed modification at a regular or special meeting to determine whether it is in the best public interests to modify the restriction.
Should a property owner or restriction holder request that a restriction be terminated, the Arkansas Commemorative Commission shall hold a public hearing to determine whether it is in the best public interests to cancel the restriction. The procedures for holding a public hearing, as outlined in the Administrative Procedures Act, shall be followed.
Nothing in these Rules and Regulations shall be construed to imply that any restriction, easement, convenant or condition which does not come within the purview of these Rules and Regulations shall, on account of these provisions, be unenforceable..
Severability
If any of the provisions of these Rules and Regulations shall be held invalid, the remainder of the Rules and Regulations shall not be affected thereby.
Effective Date
These Rules and Regulations shall be adopted and take effect as provided by the Administrative Procedures Act.
012.01.80 Ark. Code R. § 001