Section 088-3-2 - Selection ProceduresA.Advisory Committee Selection shall be by the contracting agency which shall consider the recommendations presented by an advisory committee composed of members chosen by the contracting agency and by the Director of the Agency.
I.Size: The number serving shall be no less than three and no more than five, except that in the case of projects with Percent for Art budgets of less than $7,000, the number shall be three.II.Composition: The project architect, a representative chosen by the contracting agency, and a representative chosen by the Director of the Agency shall be members of all advisory committees. Additional advisory committee members shall be selected equally by the contracting agency and by the Director of the Agency from any of the following areas in whatever combination best applies to the project; museum director or curator, art historian, critic, collector, artist not in competition, art educator, or lay member of the public, except that in the case of any public school, vocational school, or university construction, a student may be appointed by the contracting agency.III.Responsibilities a.Contracting Agency Representatives: Committee members representing the contracting agency may serve as chair and secretary of the committee. A single committee member may serve in both capacities. i.Chair: The committee chair serves as the liaison to the contracting agency, keeps records, administers the budget, publicizes the project, and files final reports.ii.Secretary: The committee secretary serves as the liaison among committee members, keeps and distributes minutes of each meeting, and prepares requests for proposals and other correspondence with artists. b.Maine Arts Commission Representatives: Committee members appointed by the Director of the Agency shall participate in all committee decisions and shall provide artistic and technical advice. As per 27 MRSA §458(4), the Agency shall collect an administrative fee to administer the projects.c.Architect: A representative of the architectural firm shall participate in all committee decisions, and shall provide technical assistance. Engineering and design changes required for installation or display shall be compensated separately. See section 3. B., Inclusions and Exclusions.d.Maine Arts Commission: The Director of the Agency, or the Director's designee, coordinates and records the Percent for Art program, interprets the Percent for Art Act, provides information and technical assistance, may act as committee chair and/or secretary, and prepares reports and makes presentations to the Commission for approval of the selection process.IV.Remuneration: Committee members not appointed by the contracting agency shall be reimbursed for their necessary travel expenses at current state government rates or contracting agency rates, whichever is greater. In the case of necessary off-site travel, committee members appointed by the contracting agency may also be reimbursed for their travel expenses. Reimbursable administrative costs incurred by advisory committee members and by the contracting agency shall include but may not be limited to: honoraria or design fees, postage, duplication, advertising, and telephone costs. The total cost of advisory committee expenses for each project shall not exceed 10% of the amount allocated for the purchase of works of art except in certain circumstances approved in advance by the Director of the Agency.V.Commission Approval: The Commission delegates final selection of the artists and artwork to the advisory committee and approves the procedures followed for the project under the rules and regulations.VI.Local Approval: It the contracting agency is a public school or school district which does not delegate final selection of the artists and artwork to the advisory committee, it shall appoint at least one representative from its governing board to sit as a voting member on the advisory committee.VII.Documentation: Each contracting agency or Commission shall document the process of selecting works of art and artists. Minutes of each advisory selection committee meeting shall be forwarded to the Maine Arts Commission office by the committee secretary. Final written documentation shall be forwarded to the Agency within thirty (30) days of the completion and/or installation of any project by the committee chair. Artists shall provide photographic documentation of the artwork installed to the Agency in the form of six (6) professional quality slides and two 8" x 10" black and white photographs and/or other means based on technological requirements of the Agency.VIII.Conflict of interest: All committee members shall disclose all potential conflicts of interest and shall disqualify themselves if such conflicts violate state law or established standards for juried competitions. All committee members have the responsibility to avoid direct and indirect private interest which is at variance with the impartial performance of their public duty. Members also have responsibility to avoid the appearance of a conflict of interest by disclosure or by abstention. At the same time, since members of the committee have keen interest in the arts and in arts organizations in the state, they should not disqualify themselves from either ongoing participation in the arts and arts organizations of their choice, or from general policy-making discussions and decisions which carry out the statewide obligations of the Agency. a. Advisory committee members (including spouses and dependents) must not have direct or indirect interest, financial or otherwise, or engage in any business or transaction, or incur any obligation of any nature that conflicts with the selection of artists and artwork for the designated Percent for Art project.b. Artists under consideration shall not be affiliated with advisory committee members, with the contracting agency, with the architectural or design firm involved with the project, or with the Commission staff member assigned to the project. Affiliation which constitutes conflict of interest shall include but not be limited to: i. An employee, employer, agent, or dealer relationship;ii. A relationship by blood, marriage, business, partnership or collaboration;iii. Any other relationship that may compromise the objectivity of members of the advisory committee.c. Artists who are full-time employees of the University of Maine and Maine Community College Systems shall be ineligible only for Percent for Art projects at the campus where they are employed.B.Eligibility of ArtistsI.Maine Residency: Preference may be given to artists who are Maine residents as outlined in Chapter 2 of the Agency Rules.C.Methods of SelectionI.Direct Selection: The advisory committee recommends the purchase of a completed work of art or the commissioning of a specific artist.II.Limited Competition: The advisory committee recommends that a limited number of artists selected from the Artists Registry be interviewed or submit proposals on a competitive basis.III.Open Competition: A competition to which artists must apply directly. A prospectus, appropriate to the specific project, is prepared and its availability is widely publicized. A limited number of applicants are then selected to prepare detailed proposals.IV.Disapproval: If the advisory committee's recommendation is not approved by the local contracting agency, or If the selection process is not approved by the Commission, the process must begin again. Any of the above Methods of Selection may be used in this case.V. In all projects in which the total art purchase budget is less than $7,000, the advisory committee shall select artwork either by direct purchase of existing artwork, or by a limited competition in which a commission is awarded.94- 088 C.M.R. ch. 3, § 2