A. Introduction: Deaccessioning is a legitimate part of the formation and care of a collection. However, deaccessioning should be a deliberate and seldom used procedure. It is the policy of the city not to dispose of artwork simply because it is not currently in fashion, and not to dispose of work whose worth might not yet be recognized.
B. Definition: "Deaccessioning" shall mean any actions or set of procedures that result in the cessation by the city of its ownership and possession of works of art, through sale, exchange, gift or any other means not in conflict with state or federal law.
C. Conditions:
1. No artwork shall be deaccessioned within five (5) years of acquisition by the city or installation unless:
a. The piece poses a threat to public health or safety;
b. Authenticity was misrepresented at the time of acquisition or installation;
c. There is a valid challenge to title; or
d. It possesses faults of design or workmanship that result in excessive or unreasonable maintenance, and/or damage to an extent where repair is unreasonable or impractical.
2. Once the five (5) year period has lapsed, the fine art commission may recommend to the city council the deaccessioning of any work of art if any of the following conditions apply:
a. The cost to repair the work is more than fifty percent (50%) of current appraised value, or the work is so deteriorated that restoration would prove unfeasible or misleading;
b. Destruction of, or changes to, the site where the art is located threaten the artwork's survival or result in a significant diminishing of its artistic integrity or accessibility; or
c. The fine art commission determines that there is an exceptional and unforeseen reason for removing the artwork from its current site, and no other suitable site in the city can be found.
D. Procedures: If the conditions for deaccessioning are met, the following information, as appropriate, shall be considered by the fine art commission at a formal meeting:
1. Reasons for the proposed deaccessioning;
2. Opinion of the city attorney's office, if necessary;
3. Process of acquisition method and cost and/or value at the time of acquisition;
4. Expert appraisal of the current market value of the work;
5. Costs associated with deaccessioning or removal;
6. A condition report from a professional conservator; and
7. Professional fees associated with the subsequent sale, auction, donation or trade of the artwork.
At the discretion of the fine art commission, where applicable and achievable, the original donor of the work may be given right of first refusal to purchase the work within sixty (60) days of notification. No works may be sold, traded or transferred to a member of the fine art commission, city of Beverly Hills officials or staff or their agents.
Nothing in this section shall prohibit the city council from deaccessioning any piece of city owned art, at any time, if the city council determines that deaccessioning is in the public interest and that following the procedures set forth in this section is not in the public interest. (Ord. 15-O-2672, eff. 2-6-2015)