Mississippi Administrative Code
Title 16 - History, Humanities and Arts
Part 5 - Museum Division
Chapter 1 - Collections Policy
Rule 16-5-1.2 - Deaccession

Universal Citation: MS Code of Rules 16-5-1.2

Current through September 24, 2024

A. Policy:

The Museum Division has a continuing obligation to review and evaluate the strengths and weaknesses of its existing collection, and in light of such evaluation, to reformulate and restate in writing its overall collections policy utilizing professionally accepted standards. Deaccessioning is the formal process used to legally and permanently remove an object from collections. When undertaking the deaccession and disposition of items, the museum proceeds with the knowledge that it holds its collections as a public trust.

The Museum Division has the right, carefully and judiciously, to deaccession and dispose of objects from its collection in a manner consistent with professionally accepted standards.

A written deaccession request listing the reason(s) for deaccession and recommended means of disposal must be signed by the director of collections, the director of curatorial services, the Museum Division director, and the Department director before submission to the Board of Trustees.

Only if the deaccession request is approved by the Board of Trustees and the Deaccession Request form is signed by all parties, is the Museum Division authorized to proceed with the deaccession and disposal.

B. Criteria for Deaccession:

An object recommended for deaccession must meet at least one of the following criteria:

1. The object has ceased to have relevance and consistency with the Museum Division's purposes and activities.

2. The object has deteriorated beyond usefulness.

3. The object is made of hazardous materials or is actively decomposing in a manner that directly affects the condition of other objects and/or the health and safety of the Museum Division' s staff and/or visitors.

4. The Museum Division is unable to continue to provide care and storage for the object in keeping with professionally accepted standards.

5. The object's care and storage are far more expensive than the value of the object as it relates to the Museum Division's purposes and activities.

6. The object lacks authenticity or is so lacking in documentation as to render it valueless for purposes of scholars or public education.

7. The object has been lost or stolen and remains so for ten years or more.

8. The object has been or may be replaced with a similar object of greater significance, quality, and better condition.

9. The object was donated under false pretenses.

10. The object is subject to legal and ethical standards such as the Native American Graves Protection and Repatriation Act.

11. The object is subject to the American Association of Museums' Unlawful Appropriation of Objects during the Nazi Era guidelines or the terms of the UNESCO Draft Convention.

C. Procedures:

The director of collections may recommend the deaccession of an object if, in their opinion, and based upon the criteria set forth in the deaccession policy, the deaccessioning of the object is beneficial to proper collections management. A Deaccession Request Form identifying the object, its condition, the reason(s) for deaccessioning, recommended means of disposal, and any other pertinent information necessary for evaluation of the object must be completed by the director of collections and submitted to the Collections Committee for approval. If approval is received, additional approval is needed from the Department director before being submitted to the Board of Trustees for their review and approval. No object is to be deaccessioned unless the Museum Division has clear and unrestricted legal title to the object, and if there are any questions regarding the title, the Museum Division' s legal counsel will be consulted.

As a courtesy, the director of collections or the Museum Division director may attempt to notify the donor if the object was accessioned within the last ten years. This procedure should not be misconstrued as a request for permission to deaccession.

If a deaccessioned object is to be sold, an appraisal of the object's fair market value will be completed by a qualified, objective appraiser. Deaccessioned objects will not be sold or given, publicly or privately, to any Department of Archives and History employees, members of the Board of Trustees, their families, or their representatives. Complete records will be maintained on all deaccessioned objects and their subsequent disposition.

D. Methods of Disposal:

A deaccessioned object may be disposed of in one of the following methods:

1. Transfer to another more appropriate division of the Department of Archives and History.

2. Placement in the prop collection, if appropriate.

3. Donation to an appropriate non-profit museum or scholarly or cultural institution or organization preferably within the state of Mississippi, especially if the object is from the state.

4. Repatriation to the federally recognized Tribe that has established a legal claim to ownership of the object in accordance with the Native American Graves Protection and Repatriation Act.

5. Restitution of works unlawfully appropriated during the Nazi era in accordance with the American Association of Museums' guidelines concerning the unlawful appropriation of objects during the Nazi era and of antiquities exported from their countries of origin in contravention to the terms of the UNESCO Draft Convention.

6. Sale at an advertised public auction or in the public marketplace in a manner that complies with state law and that will best protect the interests, objectives, and legal status of the Museum Division.

7. Destruction of the object (only if the object has deteriorated beyond usefulness and no other method of disposal is appropriate).

8. Return to the donor if
a. It was stipulated by the donor on the Department of Archives and History Contract of Gift Form previously used by the State Historical Museum [now the Museum of Mississippi History]

b. The item was donated by Eudora Welty, LLC, based on the conditions that are printed on the Deed of Gift from the Eudora Welty, LLC form.

9. Return to legal owner only if object was donated under false pretenses and claimant
a. Presents the Museum Division a clear explanation why the claimant believes they hold title, with supporting evidence

b. Presents a notarized statement that they are either the sole party at interest or they are authorized to represent all parties at interest and present supporting proof.

E. Use of Proceeds Derived from Deaccession/Disposal:

Any funds derived from the sale of deaccessioned objects will be used solely for collections acquisitions or conservation.

F. Recordkeeping:

All records of deaccessioned objects will be clearly marked "Deaccessioned," and a "Deaccessioned Objects" file containing a complete record of deaccessioned objects and their subsequent disposition will be maintained by the director of collections.

Miss. Code §§ 25-59-1, 39-5-1, 39-7-1 (1972, as amended).

Disclaimer: These regulations may not be the most recent version. Mississippi may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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