16 Miss. Code. R. 5-1.1

Current through November 26, 2024
Rule 16-5-1.1 - Acquisition
A.Policy:

The Museum Division may acquire objects by donation, by bequest, by purchase, or by transfer. Authority for the acquisition of objects for the historic objects collection is held by the director of collections, director of curatorial services, Museum Division director, or the Department director upon approval of the Collections Committee (consisting of the Museum Division director, director of curatorial services, director of collections, and other collections staff as appointed to the committee by the Museum Division director) at its monthly meeting.

New collections staff members appointed to the collections committee must serve six months before they are permitted to vote on acquisitions or other items brought before the Collections Committee.

B.Criteria for Acquisition:

The following criteria have been established for the acquisition of objects:

1. Objects must be relevant to, and consistent with, the Museum Division's purposes and activities:
a. Chiefly research,
b. Preservation,
c. Exhibition, and/or
d. Interpretation.
2. The Museum Division must be able to provide proper care and storage for objects in keeping with professionally accepted standards.
3. It is intended that objects in the historic objects collection shall remain in the collection as long as they retain their physical integrity, their authenticity, and their relevance and usefulness for the purposes and activities of the Museum Division.
4. The Museum Division and its staff shall be in full compliance with state, federal, and international laws and regulations governing the acquisition, sale, and transfer of cultural properties.
5. Title to all objects acquired for the historic objects collection shall be obtained free and clear without restrictions to use or future disposition.
6. The present owner shall have a clear and verifiable title of ownership to the object and shall have obtained the object legally and ethically.
7. The Museum Division shall be provided with (or allowed to copy) all documents and information in the present owner's possession that pertain to the historical significance and provenance of the object.
8. Acceptance of the object will not result in major expense in conservation disproportionate to its usefulness.
9. Funding for the purchase of an object will be at a fair market value affordable to the Museum Division and procedures for purchasing artifacts will be followed.
C.Procedures:

All offers of objects to the Museum Division whether by donation, by bequest, by purchase, or by transfer should be referred to the director of collections, the director of curatorial services, the Museum Division director, or the Department director. The potential donation is then reviewed by the Collections Committee. If the object offered to the Museum requires temporary deposit in the Museum Division's custody before a decision regarding the acquisition of the object can be made, then a Temporary Custody Receipt should be signed by the object's owner and the authorized staff person receiving the object. This receipt outlines the terms of temporary custody, the length of which cannot exceed ninety days. After study and review of the object, the Collections Committee will determine whether or not to acquire the object.

If the decision is made not to acquire the object, then the director of collections will be responsible for returning the object to the owner, according to the terms of agreement outlined in the Temporary Custody Receipt, and documenting the return.

If the decision is made to acquire the object, then the director of collections will initiate and complete the acquisition of the object in the following manner:

1. If the object is to be donated, a Deed of Gift should be signed by the donor and the director of collections, the director of curatorial services, the Museum Division director, or the Department director. The Deed of Gift formally transfers the complete ownership and physical possession of the object to the Museum and shall be legally binding when signed and dated by both parties. A copy of the Deed of Gift shall be provided to the donor, and shall be kept on file by the director of collections.
2. If the object is to be bequeathed, a copy of the pertinent section of the will should be provided by the attorney or executor and shall be kept on file by the director of collections.
3. If the object is to be purchased, the Museum Division Collections Committee will review all items available at the monthly committee meeting.

Criteria for determining purchases are as follows:

a. The artifact is one-of-a-kind, and a comparable artifact is not available, b. The artifact is relevant to Mississippi's history and will help interpret the exhibits at MDAH sites,
c. The price of the artifact is fair market value,
d. The artifact is in good condition, and immediate conservation/stabilization is not necessary,
e. Funds are readily available.

All criteria must be met when determining purchases.

Purchases of artifacts must be approved by the Museum Division director. Purchases over $2000 will receive approval of the Board of Trustees after the purchase. When an artifact is purchased, a copy of the invoice as approved and authorized by the Museum Division director should be provided and shall be kept on file by the Museum Division director of collections.

4. If the object is to be transferred from another division of the Department of Archives and History, appropriate written documentation regarding the object should be provided by that division's director or their designee and shall be kept on file by the director of collections.
5. If the object is to be transferred from the prop collection to the historic objects collection, appropriate written documentation regarding the object should be provided and shall be kept on file by the director of collections.
6. A duplicate copy of records documenting the Museum's legal ownership of objects shall be maintained in the William F. Winter Archives and History Building for security. Records are updated annually by the collections staff.

Conditions for the donation of a gift to the Museum Division are printed on the form as follows:

I (we), being the lawful owner(s) thereof, hereby give to the Museum Division absolute and unconditional ownership of the above-listed object(s), together with all copyright and associated rights which I (we) have, to be used in any manner that is deemed to be in the best interest of the Museum Division. I (we) waive all present and future rights in, to, or over said object(s), its (their) use, or disposition.

NOTE: All acquisitions are accepted unconditionally with the exception of the items given by the Eudora Welty LLC. Donations by the Eudora Welty, LLC have deaccessioning and copyright conditions printed on the Deed of Gift from Eudora Welty, LLC form as follows:

I (we), being the lawful owner(s) thereof, hereby give to the Museum Division ownership of the above-listed object(s). The Eudora Welty, LLC maintains the copyright on all works created by Eudora Welty and Eudora Welty's persona. I (we) waive all present and future rights in, to, or over said object(s) and its (their) use while in the Museum's possession. I (we) require that any disposition of said object(s) donated by the Eudora Welty, LLC follow the disposal method of offering back to the Eudora Welty, LLC.

D.Recordkeeping:
1. Historic Objects Collection:

All objects acquired for the historic objects collection are accessioned, cataloged according to the Chenhall nomenclature system, numbered, photographed, and entered into the collections management software according to professionally accepted standards. Accession and catalog records on the historic objects collection are maintained in the collections office by the director of collections.

Duplicate accession and catalog records are maintained in the William F. Winter Archives and History Building for security. Records are updated annually by the collections staff.

2. Prop Collection:

Objects acquired for the prop collection (expendable objects not directly related to the Museum Division' s purpose, but which contribute to and enhance the visual and educational impact of exhibits) are inventoried, but not accessioned into the historic objects collection.

Objects in the prop collection may be upgraded to historic objects collection status at the discretion of the Collections Committee. The exhibits staff maintains the prop collection.

E.Exclusions:

The Museum Division abstains from purchasing and accepting donations of antiquities exported from their countries of origin in contravention to the terms of the UNESCO Draft Convention. The Museum Division also strives to comply with regulations imposed by the Native American Graves Protection and Repatriation Act and the Guidelines Concerning the Unlawful Appropriation of Objects During the Nazi Era set forth by the American Association of Museums. The Museum Division will abide by all local, state, federal, and international laws.

16 Miss. Code. R. 5-1.1

Miss. Code §§ 25-59-1, 39-5-1, 39-7-1 (1972, as amended).
Amended 5/24/2015
Amended 7/4/2019
Amended 7/15/2021