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When, in the judgment of the Board of Trustees of the Fine Arts Museums of San Francisco, works of art or other articles in the possession of the museums are no longer fit for exhibition purposes in said museums, such works of art or other articles may be sold, exchanged or transferred as hereinafter set forth. Such works of art or other articles to be sold, exchanged or transferred shall be catalogued, listed and described with reasonable certainty.
(Added by Ord. 144-64, App. 5/27/64; amended by Ord. 347-89, App. 10/4/89; Ord. 24-00, File No. 992319, App. 2/25/2000)
The Board of Trustees may exchange such works of art or other articles for other works of art or other articles of equivalent value. The said Trustees may execute and accept all deeds of conveyance necessary and proper to effect such exchange.
(Added by Ord. 144-64, App. 5/27/64; amended by Ord. 347-89, App. 10/4/89; Ord. 24-00, File No. 992319, App. 2/25/2000)
The said Trustees may cause said works of art or other articles to be sold at public auction to the highest and best bidder, and may contract with a licensed auctioneer for the purpose of conducting the sale or sales. The contract shall specify the compensation to be paid for the auctioneer's services and set forth the terms and conditions under which the sale or sales are to be conducted.
(Added by Ord. 144-64, App. 5/27/64; amended by Ord. 24-00, File No. 992319, App. 2/25/2000)
Should no bids be received, or if bids are received and rejected as unsatisfactory, or if the high bid fails for reasons beyond the control of the trustees, the work of art or other article may thereafter be sold by private sale by the Trustees; provided, that works of art or other articles on which bids have been rejected shall not thereafter be sold for amounts less than the amount the Trustees would have realized on the highest responsible bid.
(Added by Ord. 144-64, App. 5/27/64; amended by Ord. 24-00, File No. 992319, App. 2/25/2000)
The Trustees may sell works of art or other articles through the museum's store, at a fundraising event, or a similar publicly-accessible venue when the Trustees determine, based upon reasonable independent information, that such sale is likely to realize a market value greater than what is expected at public auction.
(Added by Ord. 24-00, File No. 992319, App. 2/25/2000)
All moneys received from the sale of any work of art or other article sold pursuant to the provisions of this Article shall be placed in the trust fund of the Fine Arts Museums of San Francisco. Deposits in said trust fund shall be under the jurisdiction of the Board of Trustees. Said deposits in said trust fund shall be used for the purchase of other works of art and other articles to be exhibited in the Fine Arts Museums of San Francisco.
(Added by Ord. 144-64, App. 5/27/64; amended by Ord. 347-89, App. 10/4/89; Ord. 24-00, File No. 992319, App. 2/25/2000)
(a) The collections of the Fine Arts Museums of San Francisco contain certain objects which are no longer appropriate to the collections. Many such objects are of scientific, social, cultural or historic value, but of little monetary value and therefore not appropriate for sale or exchange. The Board of Trustees nonetheless has a duty of care towards these objects and must expend funds for the storage and conservation of the items. It is in the interest of the City and County of San Francisco that these objects, under appropriate circumstances, be transferred to other public and nonprofit institutions for preservation, study and display, thereby relieving the City of the responsibility and expense of storing and preserving these objects.
(b) The Board of Trustees may transfer title to a work of art or other article in the Fine Arts Museums' collections to another public or nonprofit institution when the transfer is in the public interest. A transfer to another institution is deemed to be in the public interest where the Board of Trustees makes the following findings:
(1) The object is no longer appropriate to the Fine Arts Museums' collections; and
(2) The scientific, social, cultural and/or historical value of the object outweighs its monetary value; and
(3) The object is more likely to be preserved, studied and available to the public if it is transferred to the recipient institution than if it remains with the Fine Arts Museums of San Francisco or is sold.
(c) Where it is found to be in the public interest to transfer any object which is of historical or other interest to San Francisco, the object will first be offered to a San Francisco public or nonprofit institution.
(d) No work of art or other article in the Fine Arts Museums' collections may be transferred to another institution unless the transfer is approved by a majority of the members of the Board of Trustees. The Trustees may execute all deeds of conveyance necessary and proper to effect such transfer.
(Added by Ord. 347-89, App. 10/4/89; amended by Ord. 24-00, File No. 992319, App. 2/25/2000)
The powers and duties set forth in Sections 2A.155.4 through 2A.155.10 authorizing the Board of Trustees of the Fine Arts Museums to sell, exchange or transfer works of art or other articles shall also be applicable to the Asian Art Museum with respect to works of art or other articles in its possession. Funds from the sale of objects in the Asian Art Museum's possession shall be placed in the general art acquisition fund of the Asian Art Museum and shall be under the jurisdiction of the Asian Art Commission.
(Added by Ord. 291-98, App. 9/30/98; amended by Ord. 24-00, File No. 992319, App. 2/25/2000)
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