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Meeting Information



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FINE ARTS MUSEUMS OF SAN FRANCISCO

Special Meeting
Executive Committee
Board of Trustees

September 23, 2004


I.

Calling of the Meeting to OrderDiane B. Wilsey, President

 

 

 

A special meeting of the Executive Committee of the Board of Trustees of the Fine Arts Museums of San Francisco was held on Thursday, September 23, 2004, in the 6th Floor Conference Room of the Administrative Offices at 233 Post Street, San Francisco.  Because of the change in date from September 9, 2004 to September 23, 2004, this meeting was noticed as a special meeting of the Executive Committee.  A quorum being present, the meeting was called to order at 12:25 p.m. by Diane B. Wilsey, President. 

President Wilsey welcomed Trustee Louise Renne, newly appointed Executive Committee member, and Trustee Lauren Hall to the meeting.  She noted that Trustee Hall had attended the Orientation Session for new Trustees preceding this meeting.  She also recognized Virginia Clasing, a member of the Courtly Art of the Ancient Maya Exhibition Committee, and representatives from the Office of the City Attorney, Adine Varah, Ellen Shapiro, Celia Lee, and Maggie Hoag.

President Wilsey presided; Mrs. Gough acted as Secretary.

 

 

II.

Calling of the Roll

 

 

 

Present:

Alvin H. Baum, Jr.
Diane B. Lloyd-Butler, Vice President/Marketing and Communications
Nion McEvoy
J. Alec Merriam, Vice President
Robert P. Morrow III
Marianne H. Peterson
Louise H. Renne
Shelagh Rohlen, Vice President/Annual Support
Randolph H. Scott, Vice President/Audience Development and Civic Affairs
Lonna Wais
Diane B. Wilsey, President

Excused:

Iris S. Chan
J. Burgess Jamieson
Michael H. Podell
Steven MacGregor Read

Other Trustees in Attendance:

Richard W. Goss II
George Hecksher
Paul Violich, Vice President/Finance

III.

Report of the President – Diane B. Wilsey

 

 

 

A. Consideration and Possible Action to Approve the Minutes of the June 10, 2004 Meeting of the Board of Trustees

There being no discussion among the Trustees or members of the public, the minutes of the June 10, 2004 meeting of the Board of Trustees, having been mailed in advance to all Trustees, were unanimously approved.

 

B. Consideration and Possible Action to Approve the Report of the Acquisitions Committee of The Fine Arts Museums Foundation of September 20, 2004 – George Hecksher, Chair

1. Principles and Guidelines on the Acquisition of Archaeological Materials and Ancient Art Dated June 10, 2004 Published by the Association of Art Museum Directors

Chair Hecksher advised that the Acquisitions Committee at its September 20th meeting recommended the approval of two important policy documents.  The first document, Principles and Guidelines on the Acquisition of Archaeological Materials and Ancient Art, was published by the Association of Art Museum Directors (AAMD) on June 10, 2004.  These principles and guidelines were drafted by an AAMD Task Force with representation from the Metropolitan Museum of Art; The Detroit Institute of Arts; J. Paul Getty Museum; Kimbell Art Museum; Museum of Fine Arts, Boston; and Art Institute of Chicago; among others.  Mr. Parker pointed out that the AAMD statement balances museums’ obligations to preserve and provide public access to the world’s shared artistic heritage with the duty to collect responsibly and in a manner that will not encourage illicit excavation and trade.

A motion was made and seconded to adopt the Principles and Guidelines on the Acquisition of Archaeological Materials and Ancient Art as set forth in Section A of Appendix I of these minutes.  There was no discussion among Trustees; there was no public testimony.  The Executive Committee voted unanimously to adopt the AAMD Principles and Guidelines on the Acquisition of Archaeological Materials and Ancient Art dated June 10, 2004.  The AAMD statement replaces the Principles to Ensure Legal, Moral, and Ethical Acquisitions Decisions, an appendix to the Museums’ 1983 Guidelines for Collection Management and Acquisitions Policies discussed below.

2. Revised Guidelines for Collection Management and Acquisitions Policies of the Fine Arts Museums of San Francisco

The Guidelines for Collection Management and Acquisitions Policies of the Fine Arts Museums of San Francisco is the second policy document recommended for adoption by the Acquisitions Committee.  These guidelines and policies revise and replace the prior document adopted by the Board of Trustees in 1983.  Chair Hecksher noted the importance of updating these guidelines and policies particularly in view of the opening of the New de Young in October 2005.  A motion was made and seconded to adopt the revised Guidelines for Collection Management and Acquisitions Policies of the Fine Arts Museums of San Francisco.  There was no discussion among Trustees; there was no public testimony.  The Executive Committee voted unanimously to adopt the revised Guidelines for Collection Management and Acquisitions Policies of the Fine Arts Museums of San Francisco attached as Section B of Appendix I of these minutes.

3. Resolution to Sell the Triptych, The Romans and the Sabine Women by Charles Christian Nahl, to the Crocker Art Museum and First Step Deaccessioning of the Triptych

Chair Hecksher reported that Judge Edwin Bryant Crocker of Sacramento, California, commissioned the large-scale triptych, The Romans and the Sabine Women, 1871, by Charles Christian Nahl.  In January 1897, Mrs. Edwin Bryant Crocker gave the triptych, The Romans and the Sabine Women:  The Abduction, The Romans and the Sabine Women:  The Invasion, and The Romans and the Sabine Women:  The Captivity, to the Golden Gate Park Museum, later renamed the M. H. de Young Memorial Museum. 

The Fine Arts Museums’ collections contain eighteen other paintings by Nahl, several of which are likely to be on permanent view in the New de Young.  Although The Romans and the Sabine Women has local historical importance in California as a major history painting, the triptych is no longer suitable for exhibition at the Fine Arts Museums.

The Crocker Art Museum, established in 1885, is the leading non-profit arts institution in the Sacramento Valley, serving as the primary regional resource for the study and appreciation of fine art, with an emphasis on the original Crocker family donation of California art and European drawings.  The Crocker Art Museum has offered to purchase the triptych and publicly exhibit the paintings because of their historical importance and specific relevance to the Crocker Art Museum collections.

Upon the recommendation of the Director of Museums, the Acquisitions Committee recommended first-step deaccessioning of the triptych and its eventual sale to the Crocker Art Museum.  It was pointed out that the sale of the triptych is in compliance with City Charter and Administrative Code provisions.  On motion, made and seconded, there was no discussion among Trustees.  There was no public testimony.  The Executive Committee voted unanimously to approve the resolution on page 1 of Appendix I of these minutes authorizing first-step deaccessioning and the eventual sale of the triptych, The Romans and the Sabine Women, by Charles Christian Nahl, to the Crocker Art Museum.

4. Commission by Kiki Smith for the New de Young Museum

A commission of a work of art by Kiki Smith was proposed for the New
de Young Museum.  The commission consists of a bronze box-like form, holding the images of Joanna and Abigail Mason from one of the de Young’s most famous paintings (David, Joanna, and Abigail Mason, ca. 1670, by Freake-Gibbs Painter) that is suspended above a cloud-like array of glass teardrops.  The commission was recommended by the Acquisitions Committee subject to the approval of the Friends of New Art to fund one-half of the cost of the commission, and the viewing of the maquette by a Trustee and his wife, the potential donors of the second half of the cost.  On motion, made and seconded, there was no discussion among Trustees.  There was no public testimony.  The Executive Committee voted unanimously to approve the proposed commission by Kiki Smith, listed as Item 2 on page 4 of Appendix I of these minutes, subject to certain donor approvals as noted above.

5. Purchases

The Acquisitions Committee recommended the purchase of the following works of art:  a)   Shrine Figure or Bush Spirit with Seven Heads, 20th century, Ijo, Cross River Region, Nigeria, Africa; b) Madame Nhu’s Bar-B-Q’s, 1963, by Wally Hedrick; c) Rip and Cross Cut Block Column, 2002, by David Nash; d) Bust of an Old Woman Grimacing, ca. 1520, Anonymous (Italian, ca. 1520) after Leonardo da Vinci;
e) 11 Line Drawings, 1997, by Tom Marioni; f) A page from the Mahabharata: Bhisma Parva, one of the battles led by Bhisma, ca. 1700, Anonymous Mewar; g) Animal Locomotion (Plate #490), self-portrait, 1884-85, by Eadweard Muybridge; and
h) Woman’s ceremonial overskirt, late 19th – early 20th century, DR Congo, Sankuru River region, Kasai province, Kuba people, Mbeengi subgroup.

A motion was made and seconded to accept and approve these purchases as gifts to the Museums offered by The Fine Arts Museums Foundation.  There was no discussion among Trustees.  There was no public testimony.  The Executive Committee voted unanimously to accept and approve the purchases listed as Items 1, 3, 4, 5, 6, 7, 8, and 9 on page 4 of Appendix I of these minutes as gifts of art from The Fine Arts Museums Foundation.

6. Gifts to the Museums

A motion was made and seconded to accept and approve the gifts offered to the Museums.  There was no discussion among Trustees.  There was no public testimony.  The Executive Committee voted unanimously to accept and approve the gifts offered to the Museums by The Fine Arts Museums Foundation listed on pages 5 through 9 of Appendix I of these minutes.  It was noted that one gift of photography was donated to The Fine Arts Museums Foundation. 

7. First Step Deaccessioning

A motion to approve first step deaccessioining was made and seconded.  There was no discussion among Trustees.  There was no public testimony.  The Executive Committee voted unanimously to approve first step deaccessioning as listed on page 10 of Appendix I of these minutes.

8. Purchases Reported for the Record

These objects are listed on pages 11 through 13 of Appendix I of these minutes.

Chair Hecksher introduced the following resolution:

RESOLVED, That the Executive Committee of the Board of Trustees of the Fine Arts Museums of San Francisco does hereby approve the appended September 20, 2004 report of the Acquisitions Committee of The Fine Arts Museums Foundation, including adoption of the Principles and Guidelines on the Acquisition of Archaeological Materials and Ancient Art dated June 10, 2004 published by the Association of Art Museum Directors; adoption of the Guidelines for Collection Management and Acquisitions Policies of the Fine Arts Museums of San Francisco; approval of the resolution to sell The Romans and the Sabine Women by Charles Christian Nahl to the Crocker Art Museum and first step deaccessioning of this triptych; approval of a commissioned work by Kiki Smith for the New de Young Museum subject to certain donor approvals; acceptance of works of art acquired through purchase and donation as gifts to the Fine Arts Museums of San Francisco from The Fine Arts Museums Foundation; and approval of works of art recommended for first step deaccessioning.

On motion, duly seconded, there was no discussion among the Trustees.  There was no public testimony.  The Executive committee of the Board of Trustees voted unanimously to adopt the above resolution as Board Resolution 1516.

 

C. Consideration and Possible Action to Adopt a Resolution Honoring Lewis S. and Emily Luise Callaghan for Their Generosity in Support of the New de Young Museum in Golden Gate Park and Naming the Lewis S. and Emily Luise Callaghan Gallery in the New de Young Museum

President Wilsey acknowledged with gratitude the generosity of many donors in support of the New de Young Museum in Golden Gate Park.  The building of the New de Young Museum is rapidly progressing and is expected to be substantially complete by the end of 2004.  In accordance with the Museums’ donor recognition policy, it is important at this time to recognize donors who have made significant gifts to the New de Young Museum and to name certain spaces in the Museum in their honor.

President Wilsey presented the following resolution:

WHEREAS, The building of the New de Young Museum in Golden Gate Park is the highest institutional priority of the Board of Trustees; and

WHEREAS, The Museums have called upon individuals, deeply committed to philanthropy and the public good, to achieve the ambitious Capital Campaign goal to fund the New de Young Museum through private sources; and

WHEREAS, Lewis S. and Emily Luise Callaghan have generously provided funds for a gallery in the New de Young Museum; now, therefore, be it

RESOLVED, That the Board of Trustees, in accordance with the Museums’ donor recognition policy, does hereby name the Lewis S. and Emily Luise Callaghan Gallery of the New de Young Museum in honor of Lewis S. and Emily Luise Callaghan; and, be it

FURTHER RESOLVED, That the Board of Trustees expresses its lasting gratitude to decedents Lewis S. and Emily Luise Callaghan for their extraordinary generosity in support of the New de Young Museum, which will enhance the cultural opportunities presented to the citizens of San Francisco and the Bay Area for generations to come.

On motion, duly seconded, there was no discussion among the Trustees.  There was no public testimony.  The Executive Committee voted unanimously to adopt the above resolution as Board Resolution 1517.

 

D. Consideration and Possible Action to Adopt a Resolution Honoring the Docent Council for Its Generosity in Support of the New de Young Museum in Golden Gate Park and Naming the Docent Council of the Fine Arts Museums Docent Center in the New de Young Museum

President Wilsey introduced the following resolution:

WHEREAS, The building of the New de Young Museum in Golden Gate Park is the highest institutional priority of the Board of Trustees; and

WHEREAS, The Museums have called upon individuals and organizations, deeply committed to philanthropy and the public good, to achieve the ambitious Capital Campaign goal to fund the New de Young Museum through private sources; and

WHEREAS, The Docent Council has generously provided funds for a Docent Center in the New de Young Museum; now, therefore, be it

RESOLVED, That the Board of Trustees, in accordance with the Museums’ donor recognition policy, does hereby name the Docent Council of the Fine Arts Museums Docent Center of the New de Young Museum in honor of the Docent Council; and, be it

FURTHER RESOLVED, That the Board of Trustees expresses its lasting gratitude to the Docent Council for its extraordinary generosity in support of the New de Young Museum, which will enhance the cultural opportunities presented to the citizens of San Francisco and the Bay Area for generations to come.

On motion, duly seconded, there was no discussion among the Trustees.  There was no public testimony.  The Executive Committee voted unanimously to adopt the above resolution as Board Resolution 1518.

 

E. Consideration and Possible Action to Adopt a Resolution Honoring Michele and Richard Goss for Their Generosity in Support of the New de Young Museum in Golden Gate Park and Naming the Mr. and Mrs. Richard W. Goss II Director’s Conference Room in the New de Young Museum

President Wilsey read the following resolution:

WHEREAS, The building of the New de Young Museum in Golden Gate Park is the highest institutional priority of the Board of Trustees; and

WHEREAS, The Museums have called upon individuals, deeply committed to philanthropy and the public good, to achieve the ambitious Capital Campaign goal to fund the New de Young Museum through private sources; and

WHEREAS, Michele and Richard Goss have generously provided funds for a Director’s Conference Room in the New de Young Museum; now, therefore, be it

RESOLVED, That the Board of Trustees, in accordance with the Museums’ donor recognition policy, does hereby name the Mr. and Mrs. Richard W. Goss II Director’s Conference Room of the New de Young Museum in honor of Michele and Richard Goss; and, be it

FURTHER RESOLVED, That the Board of Trustees expresses its lasting gratitude to Michele and Richard Goss for their extraordinary generosity in support of the New de Young Museum, which will enhance the cultural opportunities presented to the citizens of San Francisco and the Bay Area for generations to come.

On motion, duly seconded, there was no discussion among the Trustees.  There was no public testimony.  The Executive Committee expressed heartfelt appreciation to Michele and Richard Goss and voted unanimously to adopt the above resolution as Board Resolution 1519.

 

F. Consideration and Possible Action to Adopt a Resolution Honoring Robert and Ruth Halperin for Their Generosity in Support of the New de Young Museum in Golden Gate Park and Naming the Robert and Ruth Halperin Foundation Gallery in the New de Young Museum

President Wilsey presented the following resolution:

WHEREAS, The building of the New de Young Museum in Golden Gate Park is the highest institutional priority of the Board of Trustees; and

WHEREAS, The Museums have called upon individuals, deeply committed to philanthropy and the public good, to achieve the ambitious Capital Campaign goal to fund the New de Young Museum through private sources; and

WHEREAS, Robert and Ruth Halperin have generously provided funds for a gallery in the New de Young Museum; now, therefore, be it

RESOLVED, That the Board of Trustees, in accordance with the Museums’ donor recognition policy, does hereby name the Robert and Ruth Halperin Foundation Gallery of the New de Young Museum in honor of Robert and Ruth Halperin; and, be it

FURTHER RESOLVED, That the Board of Trustees expresses its lasting gratitude to Robert and Ruth Halperin for their extraordinary generosity in support of the New de Young Museum, which will enhance the cultural opportunities presented to the citizens of San Francisco and the Bay Area for generations to come.

On motion, duly seconded, there was no discussion among the Trustees.  There was no public testimony.  The Executive Committee voted unanimously to adopt the above resolution as Board Resolution 1520.

 

G. Consideration and Possible Action to Adopt a Resolution Honoring Rose Fox Noll for Her Generosity in Support of the New de Young Museum in Golden Gate Park and Naming the “Green Room” for the Auditorium in the New de Young Museum

President Wilsey introduced the following resolution:

WHEREAS, The building of the New de Young Museum in Golden Gate Park is the highest institutional priority of the Board of Trustees; and

WHEREAS, The Museums have called upon individuals, deeply committed to philanthropy and the public good, to achieve the ambitious Capital Campaign goal to fund the New de Young Museum through private sources; and

WHEREAS, Rose Fox Noll has generously provided funds for the “Green Room” for the Auditorium in the New de Young Museum; now, therefore, be it

RESOLVED, That the Board of Trustees, in accordance with the Museums’ donor recognition policy, does hereby name the Rose Fox Noll Room for the Auditorium of the New de Young Museum in honor of Rose Fox Noll; and, be it

FURTHER RESOLVED, That the Board of Trustees expresses its lasting gratitude to Rose Fox Noll for her extraordinary generosity in support of the New
de Young Museum, which will enhance the cultural opportunities presented to the citizens of San Francisco and the Bay Area for generations to come.

On motion, duly seconded, there was no discussion among the Trustees.  There was no public testimony.  The Executive Committee voted unanimously to adopt the above resolution as Board Resolution 1521.

 

H. Consideration and Possible Action to Adopt a Resolution Honoring the Textile Arts Council for Its Generosity in Support of the New de Young Museum in Golden Gate Park and Naming the Textile Study Storage in the New de Young Museum

President Wilsey presented the following resolution:

WHEREAS, The building of the New de Young Museum in Golden Gate Park is the highest institutional priority of the Board of Trustees; and

WHEREAS, The Museums have called upon individuals and organizations, deeply committed to philanthropy and the public good, to achieve the ambitious Capital Campaign goal to fund the New de Young Museum through private sources; and

WHEREAS, The Textile Arts Council has generously provided funds for   Textile Study Storage in the New de Young Museum; now, therefore, be it

RESOLVED, That the Board of Trustees, in accordance with the Museums’ donor recognition policy, does hereby name the Textile Arts Council of the Fine Arts Museums Textile Study Storage of the New de Young Museum in honor of the Textile Arts Council; and, be it

FURTHER RESOLVED, That the Board of Trustees expresses its lasting gratitude to the Textile Arts Council for its extraordinary generosity in support of the New de Young Museum, which will enhance the cultural opportunities presented to the citizens of San Francisco and the Bay Area for generations to come.

On motion, duly seconded, there was no discussion among the Trustees.  There was no public testimony.  The Executive Committee voted unanimously to adopt the above resolution as Board Resolution 1522.

 

I. Consideration and Possible Action to Adopt a Resolution Honoring Paul A. Violich for His Generosity in Support of the New de Young Museum in Golden Gate Park and Naming The Paul A. Violich Family Gallery in the New de Young Museum

President Wilsey read the following resolution:

WHEREAS, The building of the New de Young Museum in Golden Gate Park is the highest institutional priority of the Board of Trustees; and

WHEREAS, The Museums have called upon individuals, deeply committed to philanthropy and the public good, to achieve the ambitious Capital Campaign goal to fund the New de Young Museum through private sources; and

WHEREAS, Paul A. Violich has generously provided funds for a gallery in the New de Young Museum; now, therefore, be it

RESOLVED, That the Board of Trustees, in accordance with the Museums’ donor recognition policy, does hereby name The Paul A. Violich Family Gallery of the New de Young Museum in honor of Paul A. Violich; and, be it

FURTHER RESOLVED, That the Board of Trustees expresses its lasting gratitude to Paul A. Violich for his extraordinary generosity in support of the New de Young Museum, which will enhance the cultural opportunities presented to the citizens of San Francisco and the Bay Area for generations to come.

On motion, duly seconded, there was no discussion among the Trustees. There was no public testimony.  The Executive Committee expressed heartfelt appreciation to Paul A. Violich and voted unanimously to adopt the above resolution as
Board Resolution 1523.

 

J. Consideration and Possible Action to Adopt a Resolution Honoring Donors To Be Listed on the Donor Recognition Plaques in the FAMily Room, Auditorium, or on the Donor Wall of the New de Young Museum in Golden Gate Park

President Wilsey read the following resolution authorizing the listing of donors on the donor recognition plaques in the FAMily Room, Auditorium, or on the Donor Wall of the New de Young:

WHEREAS, The building of the New de Young Museum in Golden Gate Park is the highest institutional priority of the Board of Trustees; and

WHEREAS, The Museums have called upon individuals, corporations, and foundations, deeply committed to philanthropy and the public good, to achieve the ambitious Capital Campaign goal to fund the New de Young Museum through private sources; and

WHEREAS, As of September 14, 2004, 6,988 donors have generously provided funds for the New de Young Museum; now, therefore, be it

RESOLVED, That the Board of Trustees, in accordance with the Museums’ donor recognition policy, does hereby authorize that the donors to the New de Young Fund be honored by listing their names on the donor recognition plaques in the FAMily Room, Auditorium, or on the Donor Wall of the New de Young Museum based on their giving level; and, be it

FURTHER RESOLVED, That the Board of Trustees expresses its lasting gratitude to these donors for their extraordinary generosity in support of the New de Young Museum, which will enhance the cultural opportunities presented to the citizens of San Francisco and the Bay Area for generations to come; and, be it

FURTHER RESOLVED, That art donors and annual fund donors will be recognized separately and elsewhere according to the Museums’ donor recognition policy.

On motion, duly seconded, there was no discussion among the Trustees.  There was no public testimony.  The Executive Committee voted unanimously to adopt the above resolution as Board Resolution 1524.

 

K. Report on the Golden Gate Park Concourse Authority Underground Parking Facility

On July 2, 2004, Judge James Warren of the San Francisco Superior Court presented an oral ruling on the lawsuit challenging the underground parking facility.  Judge Warren refused to halt construction of the garage and ruled in favor of the City on challenges to the financing of the garage, the Final Environmental Impact Report of the Concourse Authority Projects (FEIR), and the California Environmental Quality Act (CEQA) findings related to the FEIR.  He also ruled that one of the two proposed garage entrances (the entrance from the south side of Golden Gate Park into the south parking garage pod in front of the California Academy of Sciences) violated the provisions of Proposition J, the Golden Gate Park Revitalization Act.  President Wilsey advised that the entrance from the south side of the Park is not yet resolved.  Judge Warren has requested that a solution for an entrance outside the Park into the south side of the Park be presented as soon as possible.

Expedited construction of the north underground parking pod in front of the New de Young continues.  It is expected that the north pod will be completed in time for the opening of the New de Young and the exhibition, Daughter of Re:  Hatshepsut King of Egypt, on October 15, 2005.

 

L.Consideration and Possible Action to Adopt a Resolution Setting the Dates of the 2005 Executive Committee Meetings

President Wilsey presented the following resolution setting the dates, times and locations of the 2005 meetings of the Executive Committee:

RESOLVED, That the Executive Committee of the Board of Trustees of the Fine Arts Museums of San Francisco does hereby set the following dates, times and locations for its 2005 regular meetings:

Date/Time/Location
Thursday, March 10/noon/233 Post Street, SF
Thursday, May 12/noon/233 Post Street, SF
Thursday, September 15/noon/FAMily Room, de Young
Thursday, December 15/noon/FAMily Room, de Young

On motion, duly seconded, there was no discussion among the Trustees.  There was no public testimony.  The Executive Committee voted unanimously to adopt the above resolution as Board Resolution 1525.

 

M. Report on the Cancellation of the November 11, 2004 Meeting of the Executive Committee

President Wilsey reported that the November 11, 2004 meeting of the Executive Committee is canceled.  The next regularly scheduled Executive Committee meeting is set for Thursday, December 9, 2004.

  IV.

Director’s Report - Harry S. Parker III

 

A. Consideration and Possible Action to Approve Loan Requests

Mr. Parker presented the following loan requests:

1. From: Amon Carter Museum, Fort Worth, TX

For: Charles Wilson Peale
Amon Carter Museum, Fort Worth, TX:  10/1/04 – 1/1/05

Charles Wilson Peale (American, 1741 – 1827)
Self-Portrait, 1822
Oil on canvas, 29 ¼ x 24 1/8 (74.3 x 61.3 cm)
Fine Arts Museums of San Francisco, Gift of Mr. and Mrs. John D. Rockefeller 3rd
1993.35.22

Stipulations: The painting will be accompanied by a FAMSF courier to Fort Worth and return to San Francisco.  All related expenses will be paid by the requesting organization.

*****

2. From: Williams College Museum of Art, Williamstown, MA

For: Moving Pictures:  The Un-Easy Relationship between American Art and Early Film
The Phillips Collection, Washington, DC:  2/17/07 – 5/13/07

Thomas Pollock Anshutz (American, 1851 – 1912)
The Ironworkers’ Noontime, 1880
Oil on canvas, 17 x 23 7/8 (43.2 x 60.6 cm)
Fine Arts Museums of San Francisco, Gift of Mr. and Mrs. John D. Rockefeller 3rd
1979.7.4

Stipulations:The painting will be accompanied by a FAMSF courier to and return to San Francisco.  All related expenses will be paid by the requesting organization.

A motion was made and seconded to approve the above loans.  There was no discussion among Trustees.  There was no public testimony.  The Executive
Committee voted unanimously to approve the loans subject to the conditions stated.

 

B. Report on the Long-Term Loan of Four Mural Paintings by Gottardo Piazzoni to the California Capitol Historic Preservation Society

Mr. Parker reported that the California Capitol Historic Preservation Society in Sacramento has advised that the four mural paintings by Gottardo Piazzoni, The Mountain (1999.196.3); The Forest (1999.196.4); Night (1999.196.5) and Dawn (1999.196.6); will be exhibited in Sacramento at the State Museum Resource Center – ArtSpace.  In June 2003, the Board of Trustees of the Fine Arts Museums approved a long-term loan request from the California Capitol Historic Preservation Society for these murals.  This long-term loan is for a period of five years with the option to renew.  Mr. Parker noted that the remaining ten mural paintings by Gottardo Piazzoni will be installed in the FAMily Room of the New de Young Museum.

 

C. Consideration and Possible Action to Authorize the City Attorney, in Consultation with the Director of Museums, to Finalize and Submit to the Court a Petition for Instructions Approving Discretionary Acts of Trustees and a Petition for Order to Modify the Achenbach TrustAgreement (“Petition”) – Deputy City Attorneys Adine Varah and Ellen Shapiro

Mr. Parker introduced Deputy City Attorney Adine Varah, who discussed the collection given to the Fine Arts Museums in November 1948 by Moore S. and Hazel J. Achenbach and the need to modify the Achenbach Trust Agreement.  In addition to providing substantial supplemental endowment funds, the Achenbachs gave their collection of etchings, engravings, lithographs and other forms of graphic art and drawings, consisting of approximately 50,000 works of art subject to certain conditions.  This collection forms the core of the graphic arts collection of the Achenbach Foundation for Graphic Arts at the Museums.  The Achenbach collection now totals about 75,401 works and is the most comprehensive collection of works on paper in the western United States.

At the time of their gift, when the broader arts community lacked the level of appreciation, understanding, resources, and expertise related to the graphic arts that exist today, the Achenbachs appointed Wells Fargo Bank as trustee and placed the bank in charge of overseeing the management of the trust funds as well as the collection.  The Achenbachs could not have anticipated the evolution of the scholarship, expertise, appreciation and museum resources in the field of graphic arts, both in the Museum community and specifically at the Fine Arts Museums.  Wells Fargo and the Museums concur that Wells Fargo is no longer the appropriate entity to oversee the collection management duties of the Trust. 

The California Probate Code allows the Museums to go to the court for instructions and to modify Trust restrictions when, due to circumstances unanticipated by the donors at the time of the gift, adherence to the trust terms would substantially impair the trust purpose.  Wells Fargo Bank agrees that while it will continue to manage the financial assets and make monetary distributions in accordance with the terms of the Achenbach Trust, the Fine Arts Museums should have exclusive authority over, and sole responsibility for, the management, staffing and administration of the Achenbach Collection and for expenditures of the Achenbach trust funds once distributed to the Museums  by Wells Fargo Bank.   Wells Fargo will join the Museums in filing this petition.

Mr. Parker presented the following resolution authorizing the City Attorney, in consultation with the Director of Museums, to finalize and submit to the court a Petition for Instructions Approving Discretionary Acts of Trustees and a Petition for Order to Modify the Achenbach Trust Agreement:

WHEREAS, Under Section 5.101 of the San Francisco Charter, the Fine Arts Museums (“FAM”) is a “charitable trust” department with “exclusive charge of the trusts and all assets under its jurisdiction, which may be acquired by loan, purchase, gift, devise, bequest or otherwise”; and

WHEREAS, Under Section 5.105 of the Charter and Section 2A.155.2 of the Administrative Code, the Fine Arts Museums Board of Trustees (FAMSF Board) is responsible for controlling, managing, protecting and conserving the assets of FAM, including the collection given to the City in November 1948 by Moore S. and Hazel J. Achenbach (the “Collection”), a collection that forms the core of FAM’s graphic arts department (the “Achenbach Foundation for Graphic Arts” or “AFGA”); and

WHEREAS, In addition to providing substantial supplemental endowment funds, the Achenbachs gave their Collection of etchings, engravings, lithographs and other forms of graphic art and drawings, consisting of over approximately 50,000 works of art in trust to the City subject to certain trust conditions (the “Achenbach Trust”); and

WHEREAS, FAM, over the past five decades, through gifts, bequests and acquisitions from fund sources in addition to the Achenbach funds, has significantly enhanced and expanded its collection of works on paper to approximately 75,401 works, making AFGA the most comprehensive collection of works of art on paper in the western United States; and

WHEREAS, The Achenbachs’ overriding charitable trust purpose in giving the Collection to the City was “to provide the greatest benefit at all times to the public through the extensive use of the subject matter of the gift” (the “Trust Purpose”) (Paragraph 2, Scope of Gift and Declaration of Intention and Purpose, dated December 22, 1948); and

WHEREAS, The Achenbachs also considered it critical to the fulfillment of their intentions that the collection always remain “broadly historical in character.” (Paragraph 14, Contract between Moore S. Achenbach and Hazel J. Achenbach and the City and County of San Francisco, dated January 8, 1951); and

WHEREAS, The FAMSF Board, as Trustee of the FAM’s art collection, must not only guard the FAM collection but the Board must also cultivate the collection by adding to it, enhancing it, caring for it and deaccessioning objects where the Board determines that an object is no longer fit for museum exhibition; and

WHEREAS, The Achenbachs acknowledged that works were needed to fill in the gaps in this historical collection by stating to the then Mayor Robinson in 1948 that “[a]lthough the offered collection is one of broad intent and includes examples of the work of all periods and all nations covering the past 500 years; it is by no means complete” and that “we [the Achenbachs] like to think of it as a broad foundation upon which there is still a great opportunity to build even as in the past years, and to grow with coming time.” (Paragraph 6th, Letter to Mayor Robinson from Moore S. Achenbach and Hazel J. Achenbach, at page 7); and

WHEREAS, At the time of their gift, when the broader arts community lacked the level of appreciation, understanding, resources and expertise related to the graphic arts that exist today, the Achenbachs appointed Wells Fargo Bank as trustee and placed the bank in charge of overseeing the management of the trust funds as well as the collection given to the City; and

WHEREAS, In order to provide guidance to Wells Fargo Bank as overseer of the FAM’s management of this collection, the Achenbachs imposed a series of mathematical and formulaic restrictions that have proven, over time, to be inadequate substitutes for the more subtle and sophisticated curatorial decisions needed to ensure a rich yet historically balanced collection; and

WHEREAS, Examples of such restrictions include (1) a requirement that prohibits deaccessioning unless a work can be replaced by a work in better condition by the same artist and of the same subject matter; (2) duplicates, regardless of their historical period, can only be replaced by purchasing the work of a living artist and (3) a restriction on the use of trust funds that no more than 25% of the net income may be expended for the acquisition of graphic arts created by artists who lived more than 100 years prior to the date of acquisition with the balance of income restricted to artists who lived within 100 years prior to the date of said acquisition with an emphasis on the current century; and

WHEREAS, Such restrictions fail to account for the inevitable shortfall in funds that occurs when FAM seeks to purchase a superior quality work, fail to allow FAM sufficient discretion to consider the current historical composition of the collection as a whole in making acquisitions, fail to allow FAM to aggregate funds in order to purchase important historical works and fail to account for redundancies that already exist in the Collection; and

WHEREAS, The Achenbach Trust, in defining the term “graphic art” included ”original prints, original drawings and books pertaining to the graphic arts in general” but did not include the term “photography” in such definition (Paragraph FOURTH, Joint Last Will and Testament of Moore S. Achenbach and Hazel J. Achenbach, dated January 27, 1954, as amended); and

WHEREAS, At the time of their gift, the Achenbachs could not have anticipated (1) the dramatic evolution of the scholarship, expertise, appreciation and museum resources in the field of graphic arts both in the Museum community and specifically at FAM such that Wells Fargo and FAM agree that Wells Fargo is not the appropriate entity to oversee the collection management duties of the Trust; (2) the tremendous outpouring of charitable gifts of contemporary graphic art (and related acquisition funds) to FAM in the last few decades that ensures more than adequate representation of such works in the museum; (3) the substantial increase in the cost of historical works and corresponding financial difficulty for FAM in purchasing such works; (4) the decreased historical and educational value of certain Achenbach objects that renders them unsuitable for public exhibition and (5) the critical role that photography has come to play in the field of graphic arts such that a comprehensive historical collection of graphic arts at FAM would be incomplete without the inclusion of photographic works; and

WHEREAS, Such unanticipated changes have rendered the Achenbachs’ mathematical quotas and formulas an inadequate method of managing the Collection that substantially interferes with the Achenbachs’ Trust Purpose by impeding FAM’s ability to cultivate and enhance the Collection in order to ensure a rich yet balanced historical Collection; and

WHEREAS, The California Probate Code allows the FAMSF Board to petition the court for instructions and to modify the terms of a trust when, due to circumstances unanticipated by the donors at the time of the gift, adherence to the trust terms would substantially impair the trust purpose (Cal. Probate Code Secs. 17200(b) and 15409); and

WHEREAS, Wells Fargo Bank agrees that while it will continue to manage the financial assets and make monetary distributions in accordance with the terms of the Achenbach Trust, FAM should have exclusive authority over, and sole responsibility for, the management, staffing and administration of the Achenbach Collection and for expenditures of the Achenbach trust funds once distributed to FAM by Wells Fargo Bank; and

WHEREAS, The FAMSF Board, in consultation with the Director of Museums and the City Attorney, finds that in order to ensure that FAM is able to carry out the Achenbachs’ Trust Purpose, it must petition the court to clarify certain discretionary acts and to modify certain restrictions that impede the accomplishment of the Achenbachs’ Trust Purpose; now, therefore, be it

RESOLVED, That the Board of Trustees of the Fine Arts Museums does hereby authorize the City Attorney, in consultation with the Director, to finalize and submit to the court a Petition for Instructions Approving Discretionary Acts of Trustees and a Petition for Order to Modify the Achenbach Trust Agreement.

On motion, duly seconded, there was no discussion among the Trustees.  There was no public testimony.  The Executive Committee voted unanimously to adopt the above resolution authorizing the City Attorney, in consultation with the Director of Museums, to finalize and submit to the court a Petition for Instructions Approving Discretionary Acts of Trustees and a Petition for Order to Modify the Achenbach Trust Agreement as Board Resolution 1526.  The Executive Committee will be kept apprised of developments.

 

D. Report on the Filing of a Petition with the Superior Court of the State of California, County of San Francisco, for Revocation of Probate of Purported Holographic Codicil to the Will of Dorothy Frances Boyesen - Deputy City Attorneys Adine Varah and Celia Lee

Ms. Varah then addressed the estate of Dorothy Frances Boyesen, who died on January 27, 2004 at the age of 96.  The de Young Museum and the Legion of Honor were named as beneficiaries in Ms. Boyesen’s August 28, 2003 will to receive bequests of $20,000 each.  The residue of the estate is to be divided equally between the de Young Museum, the Steinhart Aquarium and the Academy of Sciences. 

A holographic codicil dated January 21, 2004, less than one week before Ms. Boyesen’s death and two days before her hospitalization, appears to devise to her caregiver the sum of $200,000, which represents over a quarter of her entire estate.  The California Probate Code (Section 21350) expressly prohibits gifts to caregivers unless very specific legal requirements have been met.  In this case, none of the requirements were met.  In order to protect the Museums’ interest in the residual bequest, the City Attorney’s office filed a petition with the Superior Court of the State of California on August 20, 2004 for the revocation of probate of the purported holographic codicil to the will of the decedent.  The hearing is set for November 3, 2004.  Ms. Varah noted that the Academy of Sciences elected not to join the Fine Arts Museums in filing the petition.  The Executive Committee will be kept apprised of developments.

 

E. Consideration and Possible Action to Adopt the Draft Statement of Incompatible Activities for the Fine Arts Museums of San Francisco Submitted to the Ethics Commission on July 20, 2004 as Required by Section 3.218 of the San Francisco Campaign and Governmental Conduct Code and to Authorize the Director of Museums, in Consultation with the City Attorney, to Make Any Additional Necessary Clarifications or Corrections Including Those Recommended by the Ethics Commission and/or the Civil Service Commission – Adine Varah, Deputy City Attorney

Ms. Varah reported on the Museums’ draft Statement of Incompatible Activities, which was submitted to the Ethics Commission on July 20, 2004 subject to the approval of the statement by the Fine Arts Museums’ Executive Committee at its September 2004 meeting.  In November 2003, San Francisco voters adopted Proposition E, which revised and updated the City’s conflict of interest laws.  One of the changes imposed by Proposition E required all City departments, boards, and commissions to develop statements identifying incompatible activities (Section 3.218 of the San Francisco Campaign and Governmental Conduct Code).  The Statement of Incompatible Activities is applicable to members of the Board of Trustees and City employees of the Fine Arts Museums.

The Museums’ draft Statement was modeled after a template provided by the Ethics Commission and is consistent with statements adopted by comparable arts and cultural institutions in the City, including the Asian Art Museum, the San Francisco Arts Commission, and the War Memorial and Performing Arts Center.  It is subject to the review and comment of the Civil Service Commission and the approval of the Ethics Commission.  The Ethics Commission may amend a proposed statement or amendment.  Ms. Varah advised that the penalties for violating the statement are serious and can include criminal penalties for a knowing or willful violation of up to $10,000 for each violation, or imprisonment for up to a year.

On motion made and seconded, there was no discussion among Trustees.  There was no public testimony.  The Executive Committee voted unanimously to adopt the Statement of Incompatible Activities submitted to the Ethics Commission on July 20, 2004. 

Sincere appreciation was extended to Ms. Varah for her efforts on behalf of the Museums regarding the Achenbach Trust, the Dorothy Frances Boyeson estate, and the Statement of Incompatible Activities.  Deputy City Attorneys Ellen Shapiro and Celia Lee, who assisted with the Achenbach Trust petition and the Dorothy Frances Boyesen petition, respectively, were also acknowledged.

 

D. City Budget

At the request of Mr. Parker, Steve Dykes, Director of Budget and Finance, reported that the Board of Supervisors approved the City Budget for Fiscal Year 2004-05.  The Museums’ FY 2004-05 City budget includes 24 new positions, which will provide closed-door security to reinstall the collection, beginning in February 2005. The FY 2005-06 City budget request will include approximately 50 more guard and maintenance positions to open the New de Young to the public on October 15, 2005.

 

E. Current and Future Exhibits

Mr. Parker reported that the Courtly Art of the Ancient Maya opened at the Legion of Honor on September 4, 2004 to critical acclaim.  Although attendance has not yet met budget projections, the exhibition has been well received by the community.  Outreach to the Latino audience has been particularly effective.  Approximately one-quarter of exhibition visitors are taking advantage of the Spanish language audio tour.  Each object label is presented in Spanish and English.  Courtly Art of the Ancient Maya runs through January 2, 2005.

Virginia Clasing was recognized for her efforts in organizing the visits of approximately thirty diplomats from Mexico, Guatemala and Honduras, who attended the September 2nd opening event.  Sari Bermudez, Presidenta del Consejo Nacional para La Cultura y las Artes, and possibly Mexico’s First Lady, Marta Sahagún de Fox, are expected to attend the October 7th gala evening.  In November, Rigoberta Menchú, who was awarded the Nobel Peace Prize in recognition of her work for social justice and the rights of indigenous people, will visit the Legion of Honor and the Courtly Art of the Ancient Maya exhibition.  Approximately 50,000 Maya reside in the Bay Area.

  V.

Public Comment

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

VI.

Meeting Schedule, Future Events and Current and Future Exhibits

A. 2004 Executive Committee Meetings


Date/Time/Location

Thursday, November 11/noon/6th Floor, 233 Post Street   / canceled
Thursday, December 9/noon/6th Floor, 233 Post Street

2005 Executive Committee Meetings

Date/Time/Location

Thursday, March 10/noon/233 Post Street, SF
Thursday, May 12/noon/233 Post Street, SF
Thursday, September 15/noon/FAMily Room, de Young Museum
Thursday, December 15/noon/FAMily Room, de Young Museum

B. 2004 Board of Trustees Meetings

Date/Time/Location

Thursday, October 14/3 p.m./Board Room, Legion of Honor

2005 Board of Trustees Meetings

Date/Time/Location

Thursday, January 13/3 p.m./Board Room, Legion of Honor
Thursday, April 14/3 p.m./Board Room, Legion of Honor
Thursday, June 2/3 p.m./Board Room, Legion of Honor
Thursday, October 20/3 p.m./FAMily Room, de Young Museum

C. Future Events

Date/Event

October 6-8, 2004/National Council Meeting
October 7, 2004/Back Tie Dinner / Courtly Art of the Ancient Maya
October 15-25, 2004/Museum Associates Trip to Italy
December 9, 2004/Elegant Evening in the Court of Honor
January 20, 2005/Opening of Bonjour Monsieur Courbet
February 10, 2005/Tribal Arts Benefit
March 7 – 11, 2005/Bouquets to Art
October 15, 2005/Opening of the New de Young Museum

D. Current and Future Exhibitions (*Exhibitions organized by FAMSF)

Title;Date;Gallery

Textile Rotation – 18th Century Men’Suit*;07/03/04-10/31/04;3/9/9c/hall-case
Gottfried Helnwein:  The Child*;07/31/04-11/28/04;1 and 2
Courtly Art of the Ancient Maya*;09/04/04-01/02/05;A-F/Rosekrans
Observations of the Spirit: The Sketchbooks of Judith Clancy,1950-1990;09/18/04-01/16/05;Logan
Textile Rotation - Waistcoats*;11/06/04-05/01/05;3/9/9c/hall case
Bonjour Monsieur Courbet!  The Bruyas Collection from Montpellier; 01/22/05-04/03/05; B-F/Rosekrans
Bouquets to Art; 03/08/05-03/11/05; Legion, All
Wearable Art*; 04/30/05-08/21/05; B-F/Rosekrans
Daughter of Re:  Hatshepsut King of Egypt*; 10/15/05-01/29/06; de Young, A-D

  VII.

Adjournment in Memory of Trustee Emeritus George Hopper Fitch – Diane B. Wilsey, President

There being no further business, the meeting was adjourned at 1:10 p.m. in memory of Trustee Emeritus George Hopper Fitch.

Respectfully submitted,

Judy Gough
Executive Secretary

Note:  These minutes set forth all actions taken up by the Executive Committee on matters stated, but not necessarily in the order in which the matters were considered.