§ 2.05.070. Deaccession (disposition/disposal) of property from the Collection.

The deaccession of objects from the Collection has been and will remain an exceptional occurrence the Oakland Museum of California Board of Trustees and City Administrator shall undertake with prudence for the protection of the OMCA, the City of Oakland, and the donors who gave the objects or provided the funds to purchase the objects for the Collection.

The City Administrator will approve OMCA policies governing the deaccession of property from the Collection that are in accordance with the standards of the American Alliance of Museums and Association of Art Museum Directors and as revised from time to time, and include the following, among other things:

A.

Objects Acquired in Violation of Acquisition Requirements in Section 2.05.060. Should evidence be presented to the OMCA that any object in its possession was acquired in violation of the principles and laws described in section 2.05.060, above, OMCA, or City Administrator, will investigate the circumstances. If justified by the results of the investigation, OMCA will conduct deaccession procedures and the City and OMCA will return the object to its rightful or legal owner, to the extent that it is legally possible and practical to do so.

B.

Restrictions. All binding restrictions attached to gifts or bequests will be honored in recommendations for disposition/disposal.

C.

Approval Process for Deaccessions. The OMCA will present the City Administrator with proposed deaccessions and generally intended disposition plans. If sale at public auction is selected as the final disposition, the OMCA will present the City Administrator with the plan for proposed auction sale. The City Administrator shall accept or reject proposals within thirty (30) days of receipt. After thirty (30) days, no response will constitute acceptance by the City Administrator.

D.

Sales off Limits to Certain OMCA and City of Oakland Officials and Employees. Deaccessioned objects may not be acquired directly or indirectly by members of the OMCA Board, the Museum Director, City of Oakland elected officials, the Oakland City Administrator or any Museum or City of Oakland employees involved in a decision-making role or recommendation regarding deaccessioned items. This restriction may apply to additional employees and other persons determined to have an advantage in acquiring deaccessioned items by the Museum Director such as volunteers. The City Administrator shall determine when a city employee has been involved in a decision-making or recommendation role in their capacity as a City of Oakland employee regarding deaccessioned items. Determinations by the Museum Director and City Administrator will be made on a case by case basis.

E.

Annual Report. The OMCA shall issue an annual report to the City which shall include a report of all deaccessions done during the period covered by the annual report.

(Ord. 13461, § 1, 11-28-2017)