RE: Temporary Custody Receipt & Deed of Gift forms issue

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Seymour, Janet I - WHS (Janet.Seymour@wisconsinhistory.org)
Wed, 5 Jan 2011 10:27:16 -0600



From: "Seymour, Janet I - WHS" <Janet.Seymour@wisconsinhistory.org>
Date: Wed, 5 Jan 2011 10:27:16 -0600
Subject: RE: Temporary Custody Receipt & Deed of Gift forms issue
Message-ID: <488E289A5C909049B0E55F6B651B5B3501E8EF00B7E3@MEWMAD0PC01G02.accounts.wistate.us>

List Serve members,

This can be a common problem for local societies. For your reference, I hav e attached a workbook on collections policies that addresses de-accessionin g as well as a specific WI law that relates to museums and abandoned proper ty. See page 16 for that information.

Here is a little bit of information about the Abandoned Property Act, plus a link to the full statute.

Abandoned Property Act. Have you ever wondered what you should do with a collection of historical r ecords or papers that someone (you might not even know who) loaned, deposited, or simply left at your historical society long ago? Because you do not legally own the collection, you naturally hesitate to devote time and attention to it or to ask another place to care for it. In 1993, the State Legislature passed a new law to help you with a situatio n like this. 1993 Wisconsin Act 18 created a procedure by which museums and archives can acqu ire title to collections that were left on loan or deposit and never reclaimed or returned. The purpose o f this change to Chapter 171, subchapter II of the Wisconsin Statutes is to help museums and archives leg ally care for collections that have in effect been abandoned at their doorsteps. It is important for you to read the act in its entirety, because it include s definitions of both archives and museums that limit the applicability of its provisions. The act also sp ecifies in detail a variety of requirements for assuming legal title to collections that have been abandon ed. These requirements include notifications and responses to ownership claims. These requirements are too
 detailed to include in this manual, but we have included the full text of the Act here. If you need to deal with a collection which has been left at your historica l society, you can do so with confidence in your legal rights by following the provisions of this ac t.

Here is the link to the statute: http://nxt.legis.state.wi.us/nxt/gateway.d ll?f=templates&fn=default.htm&d=stats&jd=171%20subchapter%20II.

Field Services is now on Facebook! Stay informed about upcoming events and connect with local history and pres ervation colleagues across the state. Find us on <http://www.facebook.com/pages/Wisconsin-Historical-Society-Fiel d-Services/137197716311864?ref=search&v=wall#!/pages/Wisconsin-Historic al-Society-Field-Services/137197716311864> Facebook

Janet Seymour Field Services Representative - Northern Region, Wisconsin Historical Socie ty c/o Department of History, UW-Eau Claire 105 Garfield Avenue Eau Claire WI 54701 Voice: 715-836-2250

Collecting, Preserving, and Sharing Stories Since 1846

________________________________ From: localhistory-request@listserve.uwec.edu [ [localhistory-request@listser ve.uwec.edu] On Behalf Of Jack Berndt [JFBerndt1@frontier.com] Sent: Thursday, December 30, 2010 3:34 PM To: localhistory@listserve.uwec.edu Subject: Temporary Custody Receipt & Deed of Gift forms issue

In the past year 2010, a new staff of volunteers has discovered upwards of a hundred-plus (no exact number...) old Temporary Custody Receipt (TCR) for ms scattered about our museum. These are copied word for word from the Past
 Perfect software program and typically include the donor's name. As I'm su re many of you know, the TCR forms represent the initial phase in acquiring
 an artifact, and when correct procedure is followed, the next step is to c omplete and sign the Deed of Gift, to ensure legal ownership of a donation.
 Therein lies our problem - for whatever reason in the past - a subsequent Deed of Gift was not completed much of the time. In addition, the TCRs are often partially filled out, some are signed by the donor, many are not. Cho ice boxes were left unchecked. These forms go back through the past decade,
 into the late 1990s. And as you might expect, a few of the donors are no l onger living.

From an ethical and/or legal standpoint, are we as the current museum caret akers obligated to go through each and every one of these aged and inherite d TCR forms in an attempt to secure a signed Deed of Gift from the donor; o r when warranted, relatives of the donor? We have been doing this, but it i s a daunting and overwhelming task in terms of time and research. Our histo rical society has a very small number of staff (all unpaid volunteers) and given the usual attrition with this kind of help, it will predictably take years and years to work on this problem. And the final count is not in... w e are continually finding more TCRs as we look through and catalog our coll ection!

Our museum has recently changed the collections policy so that from now on,
 "going forward" - a Deed of Gift is immediately signed by a donor giving u s legal ownership of an item(s) at the time of the initial exchange. Based on these findings as described, the Board of Directors is also asking this important question: do we legally own the articles in our museum when there
 is no documented signed Deed of Gift, only a signedTemporary Custody Recei pt associated with that item?

We're considering legal consultation at some point, but are curious if this
 scenario is unique or have other museums encountered a similar situation. Any comments or suggestions would be welcomed.

Thank you,

Jack Berndt, Sauk Prairie Area Historical Society Board of Directors & Acting Museum Manager



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