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Meeting Information



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FINE ARTS MUSEUMS OF SAN FRANCISCO

Board of Trustees

January 29, 2009

I.

Calling of the Meeting to Order - Diane B. Wilsey, President

 

 

 

A meeting of the Board of Trustees of the Fine Arts Museums of San Francisco was held on Thursday, January 29, 2009, in the Board Room of the Legion of Honor, Lincoln Park, San Francisco.  A quorum was present.  The meeting was called to order at 3:20 p.m. by Diane B. Wilsey, President.

President Wilsey presided; Mrs. Gough acted as Secretary.

 

 

II.

Calling of the Roll

 

 

 

The following Trustees were present:

Edward D. Baker III
Carol W. Casey
Iris S. Chan
David H. S. Chung
Barnaby Conrad III
Marion Moore Cope, Vice President for Annual Support
Belva Davis, Vice President
Juliet de Baubigny
Denise B. Fitch
Elise Friedman
Frankie Jacobs Gillette
Lauren Hall
Gretchen Kimball
Kathryn Lasater
Monica Maduro, Vice President for Audience Development
  and Civic Affairs
Marianne H. Peterson
Venetta S. Rohal
Lisa M. Sardegna
Arlene Schnitzer
Trevor D. Traina
Lonna Wais
Robert T. Wall
Diane B. Wilsey, President
Lisa Zanze

On motion, duly seconded and carried, the following Trustees were excused:

Adolphus Andrews, Jr.
Roger Barnett
Shelby W. Bonnie
Penny Coulter
Molly Murphy Crowley
Harrison S. Fraker, Jr.
Karen B. Francois
John A. Friede
Carlos A. Garcia
Janet W. Lamkin
David Lamond
Lawrence B. Low
Nancy McFadden
Carl Pascarella
Jeanne Robertson
Randolph R. Scott
Susan S. Swartz
Jim Tananbaum
Jeana Toney
David Winton

The following ex-officio Trustees were unable to be present:

Mayor Gavin Newsom
Lawrence Martin, President, Recreation and Park Commission
Other Trustees in attendance were:

Cheryl Bancroft
George Hecksher, Vice President for Collections
Stephanie MacColl
J. Alec Merriam

III.

Closed Session for Conference with Legal Counsel for Anticipated Litigation
 
President Wilsey advised that this closed session item concerns existing litigation involving Robert Friede and Thomas Jaffe, brothers of John Friede, and pertains to their alleged interest in certain collateral owned by Marcia and John Friede.

President Wilsey welcomed Deputy City Attorneys Adine Varah and Donald Margolis, who were present to discuss the existing litigation as it relates to the Museums. 

A. Public Comment on All Matters Pertaining to the Closed Session

President Wilsey stated that public comment would be taken at this time on matters pertaining to the closed session before the Board of Trustees votes to convene in closed session.  There was no public comment on matters pertaining to the closed session.

B. Vote on Whether to Hold Closed Session to Confer with Legal Counsel
 [San Francisco Administrative Code Section 67.10(d)]

A motion to convene in closed session was made and seconded.  There was no discussion among Trustees or members of the public.  The Board of Trustees voted unanimously to convene in closed session.  Members of the public and all staff, with
the exception of John Buchanan, Robert Futernick, and Judy Gough, were excused from the Piazzoni Murals Room.

C. Closed Session Pursuant to Government Code Section 54956.9 and
San Francisco Administrative Code Section 67.10(d)

Conference with Legal Counsel on Existing Litigation as Plaintiff - Deputy City Attorneys Adine Varah and Donald Margolis

1. City and County of San Francisco (Fine Arts Museums of
San Francisco) vs. Thomas Jaffe, Robert Friede, et. al.
(Civil Case No.:  08-479905) and Robert Friede vs.
City and County of San Francisco (Fine Arts Museums     of San Francisco) (as Third-Party Defendant) (New  York     Supreme Court Index No. 590982/2008)

President Wilsey called the closed session to order and introduced Deputy City Attorney Adine Varah and Deputy City Attorney Donald Margolis of the City Attorney's Litigation Division, who reported on the existing litigation.

D. Reconvene in Open Session

1.  Possible Report on Action Taken in Closed Session [Government Code  Section 54957.1(a)(2) and San Francisco Administrative Code Section  67.12(b)(2)]

President Wilsey reconvened the meeting in open session and reported that no
action was taken by the Board of Trustees during the closed session.

2.  Vote to Elect Whether to Disclose Any or All Discussions Held in Closed  Session [San Francisco Administrative Code Section 67.12(a)]

A motion was made and duly seconded not to disclose any or all discussion held
in the closed session.  There was no discussion among Trustees.  There was no public comment.  The Board of Trustees voted unanimously not to disclose any of the discussion held in closed session.

President Wilsey noted that the closed session was concluded, and the regular
business before the Board of Trustees was then addressed.

IV.

Report of the President – Diane B. Wilsey

 

A.  Consideration and Possible Action to Approve the Minutes of the
December 11, 2008 Meeting of the Board of Trustees

There being no discussion among the Trustees or members of the public, the
minutes of the December 11, 2008 meeting of the Board of Trustees, having been
mailed in advance to all Trustees, were unanimously approved.

 

B. Training Session on Chapter 67 of the San Francisco Administrative  Code,  the Sunshine Ordinance – Adine Varah, Deputy City Attorney

President Wilsey advised that the Sunshine Ordinance, Chapter 67 of the          San Francisco Administrative Code, requires all officials, who file statements of economic interest with the San Francisco Ethics Commission, to be trained annually on the Sunshine Ordinance and to file a declaration that they have done so.

Deputy City Attorney Adine Varah proceeded to review the key points outlined in the Sunshine Ordinance training material, “Sunshine Laws for Board Members,” which was distributed to Trustees.  She noted that the City’s commissions, boards and committees exist to conduct the people’s business.  The public meeting laws, San Francisco’s Sunshine Ordinance, and the State of California Brown Act, ensure that the deliberations and actions of public bodies are conducted openly.  These laws serve to inform the public of matters to be discussed and acted upon, allow the public to participate in these deliberations, and keep the public informed of what occurred through public meeting records.  She emphasized the following points:

1. A meeting occurs whenever a majority of the members of a policy body come together at the same time and place.  As stipulated by the San Francisco Charter, one-third of the number of Trustees in office constitutes a quorum for the FAMSF Board of Trustees.
2. A meal gathering before, during, or after a meeting is considered to be part of the meeting.
3. Purely social, recreational, or ceremonial occasions sponsored by or organized for the public body are to be open to the public.  Members of the public body must be careful not to discuss business during these purely social occasions.
4. Passive meetings include social, recreational or ceremonial occasions to which a majority of the body has been invited, meetings of advisory committees created to advise a member of a policy body, or certain committees created by the initiative of a member of a policy body, the Mayor, or a department head.
5. An unlawful meeting may take place even if a majority of the members are not present in the same place at the same time.  A fax or e-mail to obtain the approval of a committee action is considered a “seriatum” meeting.  This occurs when a majority of the members communicate outside of a public meeting through a series of communications.
6. A notice and agenda must be issued 72 hours before a regular or special meeting.
7. The agenda must include a meaningful description of each item of business, a designation as to whether an agenda item is an action or a discussion item, and a description of appended documents.
8. An item not listed on the agenda cannot be discussed at a meeting. However, commission/board members may respond to a public member’s statements or questions, ask clarification questions to determine whether a subsequent discussion is necessary, and may discuss a matter under limited emergency circumstances.
9. Fairly detailed minutes and tape recordings of meetings are required and are part of the permanent records of San Francisco Charter boards and commissions.
10. Closed sessions are permissible to address certain personnel matters, pending or threatened litigation, and real estate negotiations.  Tape recordings of closed sessions must be kept at least ten years or permanently.

11. Each member of the public must be allowed to speak before or during the discussion of any item on the agenda for up to three minutes before action is taken on any item within the subject matter jurisdiction of the body, even if the item is not on the agenda.
12. Individuals giving public comment have a right to anonymity and must be given the same amount of time to speak.  The policy body is not required to respond to public comment.
13. Willful failure of any elected official, department head, or other managerial City employee to discharge duties under the Sunshine Ordinance would constitute “official misconduct.”
14. In November 2004, San Francisco voters passed State Proposition 59, a constitutional amendment regarding public meetings and public records law.     The measure elevated public access to meetings of government bodies and writings of government officials to a constitutional right.

Ms. Varah concluded her remarks; Trustees may contact her with any questions at 554-4670.  Trustees were reminded to sign and return the Sunshine Ordinance Training Declaration Form, distributed at the meeting, to Judy Gough, Executive Secretary, for filing with the Ethics Commission.  Deputy City Attorney Varah was thanked for her presentation with a round of applause.  There was no public comment.

 


C. Consideration and Possible Action to Accept the Report of 2008
 Year-End Gifts of Works of Art – George Hecksher, Vice President for  Collections and Chair of the Acquisitions Committee

Chair Hecksher, Vice President for Collections and Chair of the Acquisitions Committee of the Fine Arts Museums Foundation, reported that 447 artworks were received from 18 donors at the end of 2008.  He particularly noted a partial gift of
287 artworks from a former Trustee and his wife.  Also acknowledged was a gift of
9 murals and 8 mural maquettes by Tseng Yuho.  One of the murals was featured in

the recent exhibition, Asian/American /Modern Art at the de Young, and two murals, are currently on view in Wilsey Court.

Chair Hecksher highlighted the following gifts:  two Japanese woodblock prints, the first by Chikanobu, which was gifted in honor of Karin Breuer, Curator in Charge of the Achenbach Foundation for Graphic Arts, and the other by Yoshiku Utagawa, a gift in honor of Robert Flynn Johnson, former Curator in Charge of the Achenbach.  Other works mentioned included:  Easement, late 20th Century, Mark di Suvero, American,
b. 1933, a gift from a former Trustee and her husband; a group of 13 works on paper by Percy Gray; and a gift of 4 photographs, including 3 by Robert Adams and 1 by Diane Arbus. 

He expressed gratitude to the donors for their continued generosity and support of the Fine Arts Museums.  At his request, additional select 2008 year-end gifts of art were presented by curators as follows:

Africa, Oceania, and the Americas

Kathleen Berrin, Curator of the Arts of Africa, Oceania and the Americas, presented Plate with Maize God head in cacao tree and “kill hole”, 1 of 4 Mayan artworks generously donated by two former Trustees.  A poster-sized image of this
ceramic object, which is currently on display at the de Young Museum, was on view.

Prints and Drawings

Jim Ganz, Curator of the Achenbach Foundation for Graphic Arts, discussed three photographs: 


Ken Moody (Head), 1984, by Robert Mapplethorpe, American, 1946 – 1989.  On display at the meeting, this photograph is one of three Mapplethorpes included in this gift to the Museums; these works are the first by this artist to enter the Museums’ permanent collection.

Wilmington, Delaware, 1965 by Lee Friedlander, American, b. 1934. This
photograph, on view at the meeting, is the first Friedlander to enter the Museums’ permanent collection.  It is part of a collection of 86 photographs, including the Mapplethorpes, gifted to the museums by this generous donor.

Muscle Man Contestant, N.Y.C., 1968 printed later, late 20th century, by
Diane Arbus, American, 1923 – 1971.  This photograph was also on view at the meeting and represents the second Arbus work to enter the Museums’ holdings.  It was noted that the initial Arbus photograph was gifted to the Museums by the same donor.

On motion, duly seconded, there was no discussion among Trustees.  There was no public testimony.  The Board of Trustees voted unanimously to accept the Report of 2008 Year-End Gifts of Works of Art attached as Appendix I of these minutes.  The Board of Trustees recognized the generosity of the donors with sincere appreciation. 

 

Report of the Director of Museums – John E. Buchanan, Jr.

V.

A. Consideration and Possible Action to Approve Loan Requests
Mr. Buchanan presented the following loan requests:

1. From:   Museo Thyssen – Bornemisza, Madrid, Spain

For:    Matisse Between the Wars
Museo Thyssen – Bornemisza, Madrid, Spain:  6/9/09 – 9/20/09
Henri Matisse (French, 1869 – 1954)
La violinist à la fenêtre (The Violinist at the Window), 1924
Charcoal on laid paper, Sheet:  629 x 473 mm (24¾ x 18
in.)
Frame:  918 x 765 x 57 mm (36
x 30 x 2¼ in.)
Fine Arts Museums of San Francisco, Gift of Dr. and Mrs. Joseph R. Goldyne

Stipulations:  The artwork must be accompanied by a FAMSF courier to and from Madrid.  All related expenses will be paid by the requesting organization. 

2.  From:   Musée Picasso, Antibes, France

For:    Picasso 1945 – 1949:  l’ere du renouveau
Musée Picasso, Antibes, France:   3/27/09 – 6/28/09
Pablo Picasso (Spanish, 1881-1973)
Still Life with Skull, Leeks, and Pitcher, March 14, 1945, 1945
Oil on canvas, 73 x 115.9 cm (28¾ x 45
in.)
Frame:  99.7 x 142.9 x 8.3 cm (39¼ x 56¼ x 3¼ in.)
Fine Arts Museums of San Francisco, Museum purchase, Whitney Warren Jr. Bequest Fund in memory of Mrs. Adolph B. Spreckles

Stipulations:  The painting must be accompanied by a FAMSF courier to and from Antibes.  All related expenses will be paid by the requesting organization. 

A motion was made and seconded to approve the loan requests noted above.  There was no discussion among Trustees.  There was no public testimony.  The Board of Trustees voted unanimously to approve the loans subject to the conditions stated.

 

B. Consideration and Possible Action to Adopt a Resolution Authorizing the Board President and Director of Museums to Submit the Fiscal Year 2009-2010 City Budget

Mr. Buchanan advised that it is customary each February to submit the City Budget Request.  He introduced the following resolution authorizing the President and Director of Museums to sign and submit the Fiscal Year 2009-2010 City Budget Request:

RESOLVED, That the Board of Trustees of the Fine Arts Museums of San Francisco does hereby authorize the Board President and the Director of Museums to submit the Fiscal Year 2009-2010 City Budget Request.

On motion, duly seconded, there was no discussion among Trustees.  There was no public testimony.  The Board of Trustees voted unanimously to adopt the above resolution as Board Resolution 1659. 

C.  Consideration and Possible Action to Adopt a Resolution Acknowledging Funding Expended by the Corporation of the Fine Arts Museums During  the Period July 1 through September 30, 2008

The city’s Sunshine Ordinance requires the Fine Arts Museums to disclose the amount and source of all gifts received.  Mr. Buchanan presented the following resolution, which acknowledges funding expended by the Corporation of the Fine Arts Museums for the period July 1 through September 30, 2008:

WHEREAS, The Corporation of the Fine Arts Museums is a 501(c)(3) not-for-profit corporation that exists to support the activities of the Fine Arts Museums of
San Francisco; now, therefore, be it

RESOLVED, That the Board of Trustees of the Fine Arts Museums of
San Francisco does hereby acknowledge funding in the amount of $5,890,687 expended by the Corporation of the Fine Arts Museums for operations during the period July 1 through September 30, 2008.

On motion, duly seconded, there was no discussion among Trustees.  There was no public testimony.  The Board of Trustees voted unanimously to adopt the above resolution as Board Resolution 1660.

D. Consideration and Possible Action to Adopt a Resolution Acknowledging the Following Bequest of Funds Received During the Period July 1  through September 30, 2008

In accordance with the city’s Sunshine Ordinance, bequests received by the Fine Arts Museums must also be disclosed.  Mr. Buchanan introduced the following resolution acknowledging the subsequent bequest of funds received by the Museums during the period July 1 through September 30, 2008:

 
RESOLVED, That the Board of Trustees of the Fine Arts Museums of San Francisco does hereby acknowledge the following bequests of funds received during the period July 1 through September 30, 2008:

Michael J. Weller 1996 Trust, $10,000
Evelyn A. Westberg Trust, $5,000 to de Young Museum and $5,000 to the Legion of Honor
Margit Landesmann Trust, $10,000 for de Young and Legion
Albert P. Wagner Estate, $100,000
Concannon Family Living Trust, $61,219

On motion, duly seconded, there was no discussion among Trustees.  There was no public testimony.  The Board of Trustees voted unanimously to adopt the above resolution as Board Resolution 1661.

VI.

Public Comment

Members of the public may address the Board of Trustees on items that
are within the subject matter jurisdiction of the Fine Arts Museums of San Francisco.  Speakers may address the Board of Trustees for up to three minutes; the President
or the Board of Trustees may limit the total comment to thirty minutes.  There was no public comment.

 

 

VII.

Meeting Schedule, Future Events, and Current and Future Exhibits

A. 2009 Board of Trustees Meetings

Date

Time

Location

Thursday, April 16

3 p.m.

Piazzoni Murals Room, de Young

Thursday, June 11 

3 p.m.

Board Room, Legion of Honor

Thursday, October 8

3 p.m.

Piazzoni Murals Room, de Young

 

 

 

B. 2009 Executive Committee Meetings

Date

Time

Location

Thursday, March 12 

3 p.m.  

Piazzoni Murals Room, de Young

Thursday, May 7

3 p.m.

Piazzoni Murals Room, de Young

Thursday, September 10

3 p.m.

Piazzoni Murals Room, de Young

Thursday, December 10

3 p.m.

Piazzoni Murals Room, de Young


C. Future Events

Date

Event

February 5, 2009

Opening Reception, Artistic Luxury:
Fabergé, Tiffany, Lalique

February 12, 2009

Gala Preview Opening, San Francisco
Tribal & Textile Arts Show

February 21, 2009

Warhol Live Party


March 16-21, 2009


25th Annual Bouquets to Art, de Young
Museum

May 16-24, 2009

Young at Art Festival


  

D. Current and Future Exhibitions (Dates of future exhibitions are subject to change)

Legion of Honor - Major Special Exhibitions

Title

Date

  • Artistic Luxury:  Fabergé, Tiffany, Lalique

02/7/09-05/31/09

  • John Baldessari:  A Print Retrospective from the
    Collections of Jordan D. Schnitzer and His
    Family Foundation
    The Art of Cartier:  Masterworks from the Cartier Collection 

07/11/09-11/08/09


12/19/09-05/02/10

 

 

de Young Museum -  Major Special Exhibitions

Title

Date

  • Yves Saint Laurent

11/01/08-04/05/09

  • Warhol Live

02/14/09-05/17/09

  • Art and Power in the Central African Savanna
    Tutankhamon and the Golden Age of the Pharaohs
    Amish Abstractions:  Quilts from the Collection of

06/20/09-10/11/09
06/27/09-03/28/09
11/14/09-05/16/10

      Faith and Stephen Brown

 

 VIII.

Adjournment in Memory of Former Trustee Morgan Flagg – Diane B. Wilsey, President

There being no further business, President Wilsey adjourned the meeting at 4:15 p.m. in memory of former Trustee Morgan Flagg.       
      


Respectfully submitted,


Judy Gough
Executive Secretary


These minutes set forth all actions taken up by the Board of Trustees on matters stated, but not necessarily in the order in which the matters were considered.