[Approved by the Board of Trustees September 27, 2004]

I. Introduction

The mission of the Knoxvile Museum of Art is to engage, educate and inspire through collection, exhibition and interpretation of visual art. The Board of Trustees of the Knoxville Museum of Art, as a representative of its membership and as stewards of the mission, sets forth the following Code of Ethics by which the Museum will fulfill its mission and conduct itself according to the best practices for nonprofit corporations and in the best interest of the public trust under which it operates. In subscribing to this Code of Ethics, the Museum assumes responsibility for the actions of members of its governing authority, employees and volunteers in the performance of Museum-related duties. These individuals are committed to conducting their activities in a professional manner in order to protect the interests of the Museum’s beneficiaries—the public. The Knoxville Museum of Art is organized as a Tennessee nonprofit corporation. The Museum must comply with applicable local, state and federal laws and international conventions, as well as the specific legal standards governing trust responsibilities. Legal requirements, however, provide only the minimum standards. As the Museum must act not only legally, but also ethically, this Code of Ethics outlines ethical standards that frequently exceed the legal minimum.

II. Conflicts of Interest

Loyalty to the mission of the Knoxville Museum of Art is critical to the effective operation of all aspects of the Museum’s work, whether volunteer or paid. When and where conflicts of interest arise—actual, potential, or perceived, the duty of loyalty must never be compromised. No individual may use his or her position in the Museum for personal gain or benefit at the expense of the Museum, its missions, it reputation, and the public it serves. Any appearance of using the Museum as a vehicle for self-promotion or financial gain will not be tolerated. The Museum ensures that revenue-producing activities and activities that involve relationships with external entities are compatible with the Museum’s mission and support its public trust responsibilities. Specific regulations on staff, Board and volunteer activities with regard to the Museum’s collection and its potential disposal are outlined in detail in the Museum’s Collection Management Policy.

III. Governance

Museum governance is a public trust responsible for the institution’s service to the public. The Museum’s responsibilities include the protection and enhancement of the Museum’s collections and programs and its physical, human, and financial resources. The board, through its approval of policies and other actions, ensures that these resources support the Museum’s mission and respond to the pluralism of society.
Thus, the Board ensures that:
• All those who work for or on behalf of the Museum understand and support its mission and public trust responsibilities;
• Its members understand and fulfill their trusteeship and act collectively, and not as individuals;
• The Museum’s collections and programs and its physical, human, and financial resources are protected, maintained, and developed in support of the Museum’s mission;
• The Museum is responsive to and represents the interests of society;
• The Museum maintains a relationship with staff in which shared roles are recognized and separate responsibilities respected;
• Working relationships among board members, employees, and volunteers are based on equity and mutual respect;
• Professional standards and practices inform and guide the Museum operations;
• Policies are articulated and prudent oversight is practiced; and
• Governance promotes the public good, rather than individual gain.

IV. Collections

The distinctive character of the Museum’s ethics is derived from the ownership, care, and use of art. The stewardship of collections entails the highest public trust and carries with it the presumption of rightful ownership, permanence, care, documentation, accessibility, and responsible deaccessioning.
Thus, the Museum ensures that:
• Collections in the Museum’s custody support its mission and public trust responsibilities;
• Collections in the Museum’s custody are protected, unencumbered, cared for, and preserved;
• Collections in the Museum’s custody are accounted for and documented;
• Access to the collections and related information is permitted and controlled;
• Acquisition, deaccessioning, and loan activities are conducted in a manner that respects the protection and preservation of cultural resources and discourages illicit trade in such materials;
• Acquisition, deaccessioning, and loan activities conform to the Museum’s mission and public trust responsibilities;
• Deaccessioning of collections through gift, exchange, or sale (public auction) is solely for the advancement of the Museum’s mission, and use of the proceeds from the sale of collections is restricted to the acquisition of collections;
• The unique and special nature of human remains and funerary and sacred objects is recognized as the basis of all decisions concerning such collections;
• Collections-related activities promote the public good rather than individual financial gain.
• No discredit to the Museum or any work of art in its care is caused by improper commercial use, photographic reproduction, distortion or defacement.
• Compliance to national and international regulations regarding collections development and management, including the UNESCO Convention on the Means of Prohibiting and Preventing Illicit Import, Export or Transfer of Ownership of Cultural Property (1970); Convention for the Protection of Cultural Property in the Event of Armed Conflict (The Hague Convention, 1954); the Native American Graves Protection and Repatriation Act (NAGPRA); and the American Art Museums Directors (AAMD) Task Force on the Spoliation of Art during the Nazi/World War II Era, 1933-45 is maintained.

V. Programs

The Museum works to advance the understanding and appreciation of art through programs including exhibitions, research, scholarship, publications, interpretation, and educational activities. These programs further the Museum’s mission and are responsive to the concerns, interests, and needs of the people of the Museum’s region, while not compromising the requirement to preserve the collections as a public trust.
Thus, the Museum ensures that:
• Programs support the mission and public trust responsibilities;
• Programs are founded on scholarship and marked by intellectual integrity;
• Programs are accessible and encourage participation of the widest possible audience consistent with its mission and resources;
• Programs respect a diversity in values, traditions, and concerns;
• Revenue-producing activities and activities that involve relationships with external entities are compatible with the Museum’s mission and support its public trust responsibilities; and
• Programs promote the public good rather than the individual gain.

VI. Paid and Unpaid Personnel

It is the Museum’s policy to provide equal employment opportunity for all employees and qualified applicants without regard to race, color, religion, sex, age, national origin, marital status, sexual orientation, veteran status, disability unrelated to the ability to perform a job with or without reasonable accommodation, or membership in any protected category under federal, state, or local law. This policy applies to all personnel actions, benefits, terms and conditions of employment including, but not limited to hiring, placement, training, compensation, transfer, promotion, leave-of-absence, termination, layoff and recall. This policy also applies to dealings with non-employees such as visitors, volunteers, vendors, or subcontractors. The Museum is committed to the highest ethical principles in all relationships with business suppliers. Any Museum staff member who is authorized to spend Museum funds should do so with impartiality, honesty, and with regard only for the best interests of the Museum.
Every Museum employee is entitled to a measure of personal independence equal to that granted comparable professionals in other disciplines, consistent with professional responsibilities. Loyalty to the Museum must always be in the forefront as the Museum and its employees enjoy public visibility and enjoy a generous level of esteem. To the public, the Museum and its staff are never wholly separated. Staff, board members and volunteers must be concerned not only with their own true, personal motivations and interests but also with the way in which such actions might be construed by the outside observer.
Staff members, Trustees and volunteers must protect all confidential information relating to the source of material owned by or on loan to the Museum, as well as security arrangements of the Museum, or the security arrangements of private collections or any place visited in the course of official duties. Confidentiality must also be respected in relation to any item brought before the Museum for identification of donors or potential donors. Information not otherwise available to the general public about the activities of the Museum, including administrative or non-scholarly activities, the staff, Trustees, or volunteers may acquire in the course of their duties shall not be used for personal advantage or other purposes.
Private collecting of art by the staff is an appropriate activity and may enhance expertise. No collecting by such persons, however, can be tolerated if, in fact or appearance, it conflicts with the interests of the Museum and its collecting programs. With the possibility of conflict existing, the issue should be openly discussed by involved, and the Museum must always be given the first opportunity to purchase any work of art. If staff members lend objects for an exhibition in the Museum, they should lend them anonymously and be credited in gallery installation and publications as such. This policy is outlined in greater detail in the Museum’s Collections Management Policy.
Any and all materials or items developed, written, designed, drawn, painted, constructed or installed by employees, Trustees or volunteers while carrying out their responsibilities to the Museum are considered to be the property of the Museum with the Museum having all the rights to the property.
Volunteers are vital to the Museum’s programs. The staff should collaborate with volunteers as fellow workers and provide them with appropriate training. Access to the Museum’s internal activities and information is a trust. The lack of material compensation does not free volunteers from adherence to standards that apply to paid staff.

VII. Recourse

Any issue that raises ethical questions should be brought to the appropriate supervisor and then on to the Executive Director, if needed. Once reviewed by the Executive Director and depending on the issue at hand, the matter might be brought before the Executive Committee of the Board of Trustees and then, if necessary, onto the full Board of Trustees to take appropriate action if needed. If an ethical issue is raised regarding a board member, the Committee on Trustees, then the Executive Committee and full Board of Trustees, if needed, will discuss the matter and take appropriate action if needed.

Code of Ethics(pdf)