Knoxville Museum of Art
Code of Ethics
approved by the KMA Board of Trustees March 23, 2015
The Knoxville Museum of Art celebrates the art and
artists of East Tennessee past and present, introduces
new art and new ideas, educates and serves a diverse
community, enhances Knoxville’s quality of life and
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economic development, and operates ethically,
responsibly, and transparently as a public trust.
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Knoxville Museum of Art
Code of Ethics
I. Introduction
The Knoxville Museum of Art (KMA) “celebrates the art and artists
of East Tennessee past and present, introduces new art and new
ideas, educates and serves a diverse community, enhances
Knoxville’s quality of life and economic development, and operates
ethically, responsibly, and transparently as a public trust.” The
KMA strategic plan further states objectives to “reflect and help
shape the region’s cultural identity and nurture its aspirations”
and to “assume a leadership and support role among cultural
organizations in the region.” The mission and goals can only be
met if the museum maintains the highest level of ethics, best
practices and legal requirements. Donors must be confident that
their financial support will be used in furtherance of the
museum's stated mission. Trustees, staff, and volunteers need to
believe that their efforts on behalf of the museum are well spent.
The issue of public trust demands that in all activities the KMA
staff act with integrity and in accordance with the most stringent
ethical principles, as well as the highest standards of
objectivity.
The KMA is organized as a Tennessee nonprofit corporation. The
museum complies 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. The museum must act not only
legally, but also ethically.
The KMA understands its
responsibility for the actions of each trustee, employee, and
volunteer in the performance of museum-related duties. To this
end it is required that each read and sign a commitment to uphold
this Code of Ethics outlining ethical standards that meet and
exceed the legal minimums. These individuals must be committed to
conducting their activities in a professional manner in order to
protect the interests of the museum’s beneficiaries—the public.
The guidelines contained in this code are designed to assist
everyone in making the right choices when confronted with
difficult situations. In such instances, this code requires that
you not rely solely on your own judgment but instead discuss the
matter in full with your supervisor if you are an employee, or,
in appropriate circumstances, with the museum’s legal counsel.
Full and timely disclosure of the facts in such instances is
essential. It shall, of course, be the responsibility of all
those having supervisory authority to assure consistent adherence
to this code and any procedures developed pursuant to it, in
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letter and spirit, and, when appropriate, to obtain legal or
other advice through normal channels.
At times, however, you may need to exercise your individual
judgment in deciding on a correct course of action. As you
contemplate a particular situation, consideration of the
following factors may help you arrive at a satisfactory answer:
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Is my action consistent with museum practices?
Could my action give the appearance of impropriety?
Will the action bring discredit to any trustee, employee or
to the KMA if disclosed to the public?
Can I defend my action to my supervisor, other trustees or
employees and to the general public?
Does my action meet my personal code of behavior?
Does my action conform to the spirit of this code?
Remember always to use good judgment and common sense. This code
is intended to reflect the collective good judgment and common
sense of all of us. Whenever you see a situation where this
purpose does not appear to be served by the code, you have the
responsibility to bring your concern to the attention of the head
of your department, the executive director or to the museum’s
legal counsel.
II.
Conflicts of Interest
Employees owe their first professional loyalty to the Knoxville
Museum of Art and their primary energies to fulfilling the
responsibilities of their museum employment. Trustees also owe
a duty of loyalty to the KMA which requires that they act with
undivided allegiance to the mission of the museum and without
regard to personal interests. When and where conflicts of
interest arise—actual, potential, or perceived, loyalty to the
museum 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, its 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. Trustees and employees should never abuse their
official positions or their contacts within the museum
community or with the public. Trustees and employees should
disclose and, where required, refrain from any activity which
might conflict or appear to conflict, with the interests of the
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museum, and behavior that may cause embarrassment to the museum
or compromise its integrity.
It is the responsibility of all trustees and employees to abide
by the letter and spirit of all applicable laws, to familiarize
themselves with Article 14, Conflict of Interest, of the KMA
Bylaws, to comply with its requirements and, in appropriate
cases, to assure that members of their families and friends are
fully familiar with and do not violate the policy.
The Bylaws state that:
 Any transaction between the museum and one or more of its
trustees, or, any entity in which any of a trustee has a
financial interest or stands to gain financially must be
subjected to a competitive bid and disclosed to the museum and
the Board of Trustees.
 A trustee with financial interest in a firm, association or
entity must reveal such interest to the committee and
trustees, and must not participate in any vote which may cause
or suggest a conflict of interest or the appearance of a
conflict of interest.
 However, a contract or transaction between the museum, a
trustee, or an entity in which the trustee has a financial
interest shall not be made void solely because of a
relationship or interest as long as the interest is disclosed
to the board and noted in the minutes.
KMA trustees must annually complete and sign a form disclosing any
direct or indirect conflict and/or potential conflict of interest
with the City of Knoxville and/or Knox County and/or the State of
Tennessee. This form is included in the appendix.
III.
Governance
The KMA mission states that the museum “operates ethically,
responsibly, and transparently as a public trust.” The museum is
responsible for the protection and enhancement of the museum’s
collections and programs and its physical, human, and financial
resources. All those who work for or on behalf of the Knoxville
Museum of Art are committed to managing these resources in support
of the mission as a whole with particular attention to the
responsibility to the public. The strategic plan expands this
mission to identify the museum’s desire to operate in a way that
will “speak to a broad and diverse audience” and “reach out to
underserved audiences.” Trustees are asked to oversee the actions
and policies of the museum with a consistent regard for laws,
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professional standards and practices and a further eye to
increasing the accessibility of museum offerings for people of all
ethnicities and abilities.
The board:
 Sees that legal and ethical integrity and accountability are
maintained;
 Ensures adequate resources;
 Ensures effective organizational planning;
 Understands and fulfills their trusteeship and acts
collectively, and not as individuals;
 Protects, maintains and develops the museum’s collections and
programs and its physical, human, and financial resources in
support of its mission;
 Ensures that the museum is responsive to and represents the
interests of society;
 Ensures that the museum maintains a relationship with staff in
which shared roles are recognized and separate
responsibilities respected;
 Helps determine, monitor, and strengthen the organization’s
programs and services;
 Enhances the museum’s public standing;
 Ensures that the museum follows professional standards and
practices in all museum operations;
 Supports and evaluates the performance of the executive
director;
 Articulates and oversees policies; and
 Promotes the public good, rather than individual gain.
The trustees are made aware of their responsibilities through new
trustee orientation, ongoing training, and written materials.
Additional responsibilities are listed in the KMA Trustee
Expectations included in the appendix. Each trustee is required
to sign a form stating that the trustee has read and agrees to
comply with both the KMA Trustee Expectations and the Code of
Ethics. These forms are kept on file in the office of the
Director of Administration.
IV.
Collections
The Knoxville Museum of Art’s Collection Management Policy
provides clear, concise standards pertaining to the museum
collection and borrowed objects, according to accepted
professional practices and codes of ethics. It is a compilation of
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written policies covering all aspects of acquisition,
documentation, care, use, and disposal of the objects for which
the KMA is permanently or temporarily guardian. The policy is
available to the general public on the museum’s web site.
Objects will be accessioned only upon the recommendation of the
curator and the executive director and the approval of the
Collections and Exhibitions Committee (C&E) and BOT. Objects
added to the museum collection will be formally accessioned with
each object receiving a unique accession number per the numbering
system described in Museum Registration Methods.
Further:
 The acceptance of an object should not result in an expense
for conservation disproportionate to the usefulness of the
object.
 The object must have a use (research, exhibition or education)
in the foreseeable future.
 A satisfactory provenance for the object must be established.
 A valid deed of ownership or other instrument of title
conveyance must be provided to the museum from the acquisition
source.
 If possession of an object by the museum is found not to be
legitimate, the object will be given to the legitimate owner
as determined by the appropriate authority.
 Copyright issues for objects to be acquired must be
considered.
 Possession of the objects must be consistent with current laws
on cultural property, including the UNESCO Convention: Public
Law 97-446, Title III, “U.S. Convention on Cultural Property
Implementation Act” and “The Native American Graves Protection
and Repatriation Act,” Public Law 101-601.
Gifts and Bequests: In general, the museum will not accept an
offer of a group of objects unless the museum is free to reject
any objects that do not meet museum standards for accession as set
forth in the Collection Management Policy. Generally, restrictions
on use or disposition of a proposed gift or bequest will not be
accepted. Restricted gifts will be accepted for accession by the
museum only by vote of approval of the Board of Trustees.
Purchases: In making a purchase, the museum will obtain a
contract, warranty, or statement affirming that the seller
full title to pass to the museum. It should be determined
the work is unencumbered by a lien, or stolen, and that to
sales
has
that
the
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best of the dealer’s knowledge, the work is what it is represented
to be (i.e., not a fake or forgery).
Exchanges:
Exchanges will be initiated by the professional staff
of the museum and approved in accordance with the provisions of
the museum’s accession and deaccession policies. Objects
considered for exchange are to be of equal aesthetic, scholarly,
or monetary value. No exchanges will be made with private
persons.
Deaccessions: Guidelines for removing items from the collection
are given in the Collections Management Policy. When donors have
used a gift in order to obtain a tax deduction, the museum will
allow an appropriate waiting period before starting the
deaccession process so as to protect the donor from possible IRS
violations.
Objects removed from the museum collection may not be given to or
sold to employees, officers, trustees of the museum, non-trustee
committee members, officers of auxiliary museum groups (i.e. the
Guild of the KMA), or to the family or representatives thereof. In
general, no agent acting on behalf of the museum in the sale of
deaccessioned objects will use the name of the museum to imply in
any way that the value of such objects is supported or attested to
by the museum. The museum may provide basic information about an
object based on current curatorial opinion, but in no such case
will it represent the value of an object. The name of the museum
may not be used in any promotional material regarding the sale of
deaccessioned objects without the approval of the executive
director and the Chair of the Board of Trustees to form and
content.
All proceeds from the sale of deaccessioned objects will be
deposited in a restricted account designated as the “Acquisitions
Fund.” Such funds will be used exclusively for the purchase of
objects for the collection as prescribed by AAM’s Code of Ethics.
Loans: The museum will loan objects only for purposes of
identification, research, education, exhibition, or for off-site
conservation treatment. Loans to individuals will not be
considered. A completed Standard Facilities Report must be
presented for review before a loan will be approved. Objects are
not loaned if there is an unreasonable risk to the objects or if
the objects may be put to objectionable use that would reflect
poorly upon the integrity of the objects or the museum.
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Borrowing objects: Objects will be borrowed from other
institutions or individuals only if their loan requirements can be
met. In borrowing objects, the museum will comply with the UNESCO
Convention and the Native American Graves Protection and
Repatriation Act. The museum will not accept loans of objects for
indefinite periods of time. The museum may accept long-term loans
for a specified period of time, subject to renewal and annual
review.
“Found” objects: As in many collections, the museum possesses
objects that lack sufficient documentation to determine how (or
if) they entered the museum collection. The objects should be
identified, as much as possible, and labeled by the registrar to
avoid confusion. The museum recognizes the possibility that the
object may be claimed by the rightful owner at a later date and
will return the object if adequate proof of ownership is given.
Found objects may be disposed of only with the same approval
process used in deaccessioning and with the advice of the museum’s
legal counsel.
Insurance: The museum will ensure that objects in the museum
collection are insured while on and off the premises of the museum
including objects that are part of a traveling exhibition. The
museum will insure objects borrowed from other institutions or
individuals for exhibition or research purposes in accordance with
the provisions of the written incoming loan agreement.
Appraisals and authentication: Appraisals may not be given by any
staff member to anyone outside the museum because of the
possibility of an appearance of or actual conflict of interest.
The staff may assist by identifying outside qualified appraisers,
without endorsing any, and organizations and publications from
which information on appraisers may be obtained. Insurance
valuations, rather than formal appraisals, may be given by the
curator for museum collection objects leaving the premises for
loan.
“Authentications” are professional judgments regarding the
identification, authorship, date, etc. of material, which imply
legal responsibility or guarantee for the accuracy of the
information. “Identifications” are judgments, often verbal, which
are informed opinions, but do not carry any guarantee or legal
responsibility. Qualified museum staff (curator and registrar)
may provide identifications of material; however, they should not
make authentications. Staff should not make identifications in
areas in which they do not have expertise and should instead
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recommend other qualified staff members, outside individuals, or
museums.
Collection Care and Use: The museum undertakes the preservation
and maintenance of its collection in accordance with
professionally accepted standards. Guidelines for the protection
of the collections during regular hours, rental events, and tours
are delineated in the Collections Management Policy. The entire
staff is charged with the responsibility for ensuring the safety
of the collection.
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 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,
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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.
Employees, 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 nonscholarly activities, the staff, trustees, or volunteers may
acquire in the course of their duties shall not be used for
personal advantage or other purposes.
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.
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Outside Work, Associations or Activities: While the museum
requires members of its staff to devote their working day to
performing their job responsibilities, it recognizes that it may
be in its best interests for staff to participate in certain
outside activities. However, it is the museum's policy that,
during normal working hours, staff shall not engage in “outside
employment”.
Staff is encouraged to pursue voluntary and professional
organizations and scholarly activity including teaching,
lecturing, serving on committees or juries, and writing books or
articles, independent of museum duties, provided that such
activity is approved in advance by the relevant department head
or executive director, does not interfere with the staff
member’s performing museum responsibilities and meets the
following guidelines:
 Outside activities must not interfere with a staff member's
ability to perform assigned museum work nor may it reflect
adversely on the museum's reputation.
 Staff is expected to exercise reasonable judgment regarding
the appropriateness and/or propriety of these activities.
It should not be accepted if it creates a conflict of
interest or the appearance of a conflict of interest. In
particular, conflicts may be presented by arrangements with
art dealers, auction houses, collectors seeking to catalogue
their collections or otherwise seeking professional advice,
museums, publishers, manufacturers or consultants to such
entities.
 The museum does not permit its name to be used in
advertisements or endorsements of commercial products,
equipment or services except with the advance written
approval of the Director of Marketing.
 The relationship between trustees and staff is naturally
close and mutually beneficial to the museum. Nonetheless,
trustees should not use their position to obtain unreasonable
or excessive services or expertise from the staff of the
museum. Trustees should not retain staff to perform personal
services, and staff shall not provide services to trustees
for which they receive compensation, unless approved in
writing by the executive director.
 Work conducted for outside work or associations on the
museum's premises is not permitted without advance approval
by the executive director. There should be neither the fact
nor the perception that any staff member is conducting a
separate business for which he or she is using the museum's
facilities or equipment. The use of museum equipment and
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facilities by independent contractors for outside employment
is not permitted under any circumstances.
The use of museum materials (office supplies, office
services, telephone, e-mail address postage, etc.) for
outside entities or personal use is not permitted. The
museum will not be responsible for any loss or damage that
may occur while staff is engaged in outside activities,
either inside or outside of the museum.
Approval of any outside employment or activity is effective only
until revoked and may be revoked by the museum at any time. If
you fail to secure and retain approval, you may be subject to
disciplinary action, up to and including discharge.
Personal Collecting: Private collecting of art by the staff is an
appropriate activity and may enhance expertise. However, the
acquisition, maintenance, and management of a personal collection
by a trustee or employee can create an ethical question. Extreme
discretion is required whenever a trustee or employee collects
objects similar to those collected by the museum. No trustee or
employee or a member of their immediate family may knowingly
compete, directly or indirectly, with the museum for the purchase
of works of art that are, or may be, of interest to the museum. As
discussed under deaccessioning, no trustees, employees or member
of their immediate family may purchase deaccessioned works
directly or indirectly.
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.
Conflicts of interest may arise in the areas of gifts and
Gifts:
entertainment. Giving or accepting gifts and entertainment can
sometimes be construed as an attempt to unduly influence a
relationship. All gifts to the museum, including gifts of any
kind to curatorial departments, must be processed through the
Director of Development, and, if relevant, in accordance with the
museum's Collection Management Policy. No personal gifts should
be offered or received where the gift could be viewed as intended
to influence a person in the exercise of proper business or
professional judgment. In order to avoid conflicts of interest and
the appearance of impropriety, you must obtain the consent of the
appropriate department head before accepting gifts of any kind
from individuals or organizations doing business or wishing to do
business with the museum. This includes, but is not limited to,
artists, dealers, auction houses, press, and suppliers of goods or
services to the museum. Museum staff may not accept gifts valued,
individually or in combination with other gifts from the same
source, at more than $100 in any calendar year. Works of art or
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other materials left with the museum for exhibition or study may
not be retained by museum staff without specific approval from the
executive director. Gifts of money are never permissible.
Attending occasional lunch or dinner meetings hosted by others
may be necessary when conducting museum business. However, you
are reminded that you must exercise extreme discretion in
accepting invitations to dinners, lunches, or other forms of
entertainment offered by individuals or organizations doing or
wishing to do business with the museum. Your judgment should
tell you when an invitation to such a meeting or event is
improper and should be refused to prevent embarrassment and to
avoid what may be an unintentional violation of this policy or
the law.
As a museum employee, you may have the opportunity to work
closely with artists in planning exhibitions and publications or
through other museum-related activities. While an artist may
wish to acknowledge a museum employee’s efforts through a gift of
artwork to the employee, these gifts present another area of
potential conflict. In such situations, the employee must
promptly disclose the gift to his or her department head (or, if
the gift is made to a department head, to the executive
director), who will determine whether the work in question is of
nominal value and may be accepted.
The Staff Manual: The KMA Employee Manual addresses many of the
issues addressed in the code, as well as a number of other
policies not directly addressed in the code, but of equal
importance. Familiarity with and adherence to the employee manual
is a responsibility of each employee. In the event of any
conflict or inconsistency between the employee manual and the
code, the code shall take precedence and be controlling.
VII. Museum Operations
Proper use of the Museum's Funds: The museum's activities involve
hundreds of financial transactions each day, requiring strict
rules to guard against fraud or dishonesty and guidelines for
addressing possible problems that may arise. All managers should
establish appropriate internal controls over all areas of their
responsibility to ensure the safeguarding of the museum's assets
and the accuracy of financial and all other records and reports.
Established accounting practices and procedures must be followed
to assure the complete and accurate recording of all transactions.
All employees, within their areas of responsibility, are expected
to adhere to these established controls.
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If you become aware of any improper use of the museum's
resources, you should report the matter immediately. To be
certain the museum's policies on proper use of resources are
carried out, you are expected to observe the following
longstanding accounting rules:
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Make outside payments only with a museum draft or check or
through other properly documented sources. No payment on
behalf of the museum should be approved or made without
adequate supporting documentation or with the intention or
understanding that any part of the payment is to be used in
any way other than as described in the supporting documents.
Do not establish any undisclosed or unrecorded corporate
account, fund or asset for any purpose. Get proper
authorization before opening any new account, either on the
museum's books or with an outside agency, such as a bank.
Do not use any account for a misleading purpose or to conceal
the existence or use of any corporate resource.
Record every payment to and every transaction with an outside
party on the museum's books promptly, accurately and through
normal financial reporting channels.
The museum's business partners must be selected solely on their
merits, in the best interest of the museum, and without regard to
non-business-related considerations.
As a charity, the museum relies heavily on
Fundraising:
contributions from donors to support its many activities.
Trustees and employees are encouraged to support this fund raising
effort but must coordinate all activities with the Director of
Development. Monies or other items received on behalf of the
museum as gifts should be deposited immediately in museum
accounts.
Charitable contributions from vendors to the museum may raise
issues implicating federal and state laws, and may also present
tax-related concerns. All such contributions should be reviewed
by the Development Department and accepted on behalf of the
museum by the executive director. Care should be taken when
soliciting or receiving such contributions that the contributor
not be led to believe, either directly or indirectly, that the
contribution will affect the museum's professional judgment
regarding the goods or services it purchases, recommends or
provides.
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The museum must further ensure 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.
Tax: The museum is exempt from taxation by the federal, state and
local governments. In order to maintain this exemption, which is
critical to the museum's mission and continuing operations, the
museum must operate for the benefit of the public and must avoid
violating the tax code by using its funds for the unjust
enrichment of any individual or entity at the organization's
expense. Violation of the tax law can give rise to criminal
penalties as well. Questions on tax issues should be referred to
the museum’s legal counsel.
Care must also be taken that the museum's sales tax exemption is
used only for legitimate museum activities. Personal items must
not be purchased through the museum even if the museum is
reimbursed by the trustee or employee.
VIII. Political Participation
It is understood that trustees and employees can and do
participate in political campaigns in their individual
capacities, on their own time and without any use of museum
resources. However, such persons must take steps to ensure that
their individual participation will not be attributed to the
museum or make use of museum resources. The museum does not
endorse political candidates or participate in political campaign
activities. No museum trustee, staff member or volunteer may
participate in any political campaign on behalf of the museum or
engage in any other activity that would lead an outsider to
believe that the museum is supporting or opposing a candidate for
public office. This prohibition covers activities such as making
campaign contributions, organizing or encouraging the purchase of
tickets to political fundraising events, using museum facilities
or resources for campaign-related activities, and publishing,
making, or distributing statements for or against any candidate,
where such activities are -- or may appear to be -- undertaken on
behalf of the museum.
Certain museum activities are supported, in part, with funds
received from the City of Knoxville, Knox County, the State of
Tennessee, and the Federal Government. The museum may have
elected officials, ex-officio, on its board of trustees. Nothing
in this policy is intended to limit the museum's ability through
its trustees, staff members, or volunteers to seek and accept
governmental support, or prohibit elected officials from
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participating in the museum's governance and activities. Any
trustee or employee who has questions regarding this policy
should consult the museum’s legal counsel.
It is important to distinguish between personal and
organizational political activities. As a responsible citizen,
the museum occasionally will speak out on issues of importance to
it. Senior management is responsible for developing the museum's
position on relevant legislative and regulatory issues. Unless
you are specifically requested by the museum to represent it
before legislative or other governmental bodies, be sure you
clearly label any personal communication with legislators as your
own beliefs. If you are contacted by legislators or regulators
regarding the museum's position on public issues, you should
refer them to the executive director.
IX. Museum Information
Ownership of Assets and Intellectual Property: The objects in the
museum's collections, their documentation and all additional
documentation developed subsequent to or in connection with their
acquisition or maintenance are the property of the museum. Any
and all materials or items developed, written, designed, drawn,
painted, constructed or installed by employees while carrying out
their responsibilities as employees of the museum are the property
of the museum. Unless otherwise agreed in writing by both the
employee and the executive director, the museum is the sole owner
of any materials written, designed or produced by an employee in
the scope of his or her employment by the museum, or through the
use of museum equipment and/or assets, including all copyrights
and other intellectual property rights in and to these materials.
Confidentiality of Museum Information: One of the museum's most
valuable assets is its body of confidential information. The
widespread use of computer terminals and computer systems has
caused information about the museum's collections, donors,
projects and similarly sensitive matters to be accessible to many
employees. Failure to protect this information adequately can
lead to the loss of highly confidential data that may place the
museum legally at risk. Because of this risk of harm to the
museum, no employee shall, without the written consent of the
museum during or subsequent to the term of employment, use for the
benefit of such employee or others or disclose to others any
confidential information obtained during the course of employment.
Of course, these same principles apply to the safeguarding by
trustees of the museum’s confidential information.
KMA Code of Ethics
Page 18
Confidential information includes the museum's methods,
processes, techniques, computer software, equipment,
servicemarks, copyrights, research data, marketing and sales
information, personnel data, donor lists, member lists, nonpublic information about the collection, financial data, plans
and all other know-how and trade secrets which are in the
possession of the museum and which have not been published or
disclosed to the general public.
As a trustee or employee, you are responsible and accountable
for the integrity and protection of the museum's proprietary
information and must take steps to protect information that has
been entrusted to you. For example, you must not make
inappropriate modifications of information or destroy or
disclose information except as authorized. Documents containing
sensitive data should be handled carefully by employees during
work hours and must be properly secured at the end of the
business day. Particular attention must be paid to the security
of data stored on the computer system. If you observe unknown
individuals using terminals in your area, immediately report
this to your supervisor.
The same guidelines apply to intellectual property or
confidential information of other organizations or individuals
disclosed to the museum for its use. To avoid the risk of being
accused of misappropriating or misusing someone's confidential or
restricted information, receipt of the information should not
take place until the terms of its use have been formally agreed
to by the museum and the other party in a written agreement
approved by the museum’s legal counsel. Furthermore, unless
otherwise delegated, establishing such an agreement for the
receipt of confidential or restricted information of another
party will require the prior written approval of a executive
director. Once another party's confidential or restricted
information is properly in your hands, you must not use, copy,
distribute or disclose that information unless you do so in
accordance with the terms of the agreement.
X.
Compliance with the Code
All reported violations of the code will be promptly investigated
by the museum and will be treated confidentially to the extent
consistent with the museum's interests and its legal obligations.
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
KMA Code of Ethics
Page 19
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.
Disciplinary actions may be taken for:
 Authorization of or participation in actions that violate the
code.
 Failure to report a violation of the code or to cooperate in
an investigation.
 Failure by a violator's supervisor(s) to detect and report
a violation of the code if such failure reflects inadequate
supervision or lack of oversight.
 Retaliation against an individual for reporting a violation
or possible violation of the code. Please review the KMA
Whistleblower Policy at the end of document or posted in
the copy room. A signed copy of this policy is on file for
each employee.
Disciplinary action may, when appropriate, include dismissal.
With respect to disciplinary action, principles of fairness will
apply, including, when appropriate, review of a disciplinary
decision.
KMA Code of Ethics
Page 20
APPENDIX
FY 2015
BASIC RESPONSIBILITIES OF THE BOARD
1.
Determine the organization’s mission and purposes.
2.
Select the chief executive.
3.
Support the chief executive and assess his or her
performance.
4.
Ensure effective organizational planning.
5.
Ensure adequate resources.
6.
Manage resources effectively.
7.
Determine, monitor and strengthen the organization’s programs
and services.
8.
Enhance the organization’s public standing.
9.
Ensure legal and ethical integrity and maintain
accountability.
10.
Recruit and orient new board members and assess board
performance.
11.
Match Knox County demographics to ensure ongoing board
diversity.
EXPECTATIONS OF INDIVIDUAL TRUSTEES
GENERAL WELFARE
 Participate actively in decision making with the best interests of the
museum always uppermost.
 Demonstrate interest in and concern for the museum staff.
 Be aware of and take all responsibility seriously (legal, financial,
planning, evaluation, etc.)
FINANCIAL
 Support the museum to the best of your ability through financial
contributions with a normal obligation to maintain a current KMA
Director’s Circle membership, for which annual dues are $1,000.
 Try to bring in a minimum of one new individual or corporate donor/member
at the $1,000 Director’s Circle level or above.
 Pay an annual trustee fee of $175 to cover board meeting expenses,
including lunches, $25 for annual membership in Tennesseans for the Arts
(the state’s premier arts advocacy agency and nametags.
 Help identify resources that could help the museum by staff in seeking
financial gifts and broadening the base of upper level donors. If not by
making direct asks, network and open doors for new financial gifts.
KMA Code of Ethics
Page 21
AMBASSADORS
 Engage one new qualified prospect per year with substantial financial
resources or access to financial resources, access to political
influence, and the willingness to reach out to these on behalf of the
KMA.
 Support with enthusiasm the mission and activities of the museum by
participating in exhibition openings, fundraisers and other special
events, including education programs, lectures and Family Days.
 Be a knowledgeable ambassador and advocate for the museum and the visual
arts.
 Report back on positive and negative experiences.
TRUSTEESHIP
 Attend board meetings and become knowledgeable about all aspects of the
museum’s overall program, and stay abreast of museum events and
developments.
 Attend trustee orientation and workshops.
 Serve actively on at least one standing committee.
 Accept a three-year commitment.
 Participate as a mentor to new trustees as requested.
 Be willing to assume leadership positions.
 Be a team player.
KMA Code of Ethics
Page 22
Please sign and return to Denise DuBose, 1050 World’s Fair Park Dr.,
Knoxville, TN 37916
I accept and will abide by Expectations of Individual Trustees and the KMA Code
of Ethics.
Your signature:
________________________________
Date:
_______________________________________
Please print your name and provide additional contact info requested below:
Your full name:
_____________________________________________________________________
Email
address:_______________________________________________________________________
____
Spouse’s
name:__________________________________________________________________________
___
Business
address:_______________________________________________________________________
____
Home
address:_______________________________________________________________________
____
Business, cell & home phone
numbers:_______________________________________________________________________
___
I currently serve on the following boards:
_______________________________________________________________________________
___
_______________________________________________________________________________
___
_______________________________________________________________________________
___
_______________________________________________________________________________
___
KMA committee preference, (Descriptions are in Article 9 of the bylaws.)
Please assign a number 1 – 3 in order of preference
___ Collections and Exhibitions
KMA Code of Ethics
Page 23
___
___
___
___
___
___
___
___
Building and Grounds
Development
Education
Finance
Strategic Planning
Committee on Trustees
Estate Planning
Marketing
[/Committee on Trustees/FY2014/Trustee expectations]
KMA Code of Ethics
Page 24
CONFLICT OF INTEREST
DISCLOSURE FORM
Please disclose below any direct or indirect conflict and/or
potential conflict of interest that you may have as a KMA trustee
with the City of Knoxville and/or Knox County and/or the State of
Tennessee (including elected officials).
1. Is any member of your immediate family (husband/wife, children,
parents, grandparents, sister, brother,
father/mother/sister/brother-in-law, aunt, uncle, niece or nephew)
employed by City of Knoxville, Knox County, State of Tennessee, or
by any elected official?
Yes __
No __
If yes, please identify:
_______________________________________________________
__________________________________________________________________
_______
__________________________________________________________________
_______
2. Do you or any immediate family member (as listed above) benefit
financially from any business and/or professional relationship
with City of Knoxville, Knox County, State of Tennessee, or with
any elected official?
Yes __
No __
If yes, please identify:
_______________________________________________________
__________________________________________________________________
_______
__________________________________________________________________
_______
3. Are there any affiliations (other than those identified above)
for which you believe you might have a conflict of interest or the
public may construe to be a conflict of interest with City of
KMA Code of Ethics
Page 25
Knoxville, Knox County, State of Tennessee, or with any elected
official?
Yes __
No __
If yes, please identify:
_______________________________________________________
__________________________________________________________________
_______
__________________________________________________________________
_______
Continued on
reverse
4. Other comments?
________________________________________________________
__________________________________________________________________
_______
__________________________________________________________________
_______
__________________________________________________________________
_______
I hereby certify that, to the best of my knowledge, the
information I have disclosed is accurate and complete.
NAME (print):
___________________________________________
SIGNATURE:
____________________________________________
TITLE:
_________________________________________________
DATE:
____________________________
KMA Code of Ethics
Page 26
PLEASE RETURN TO
Denise DuBose
KNOXVILLE MUSEUM OF ART
1050 World's Fair Park Drive
Knoxville, TN 37916
865-934-2036; fax 865-546-3635
www.knoxart.org
KMA Code of Ethics
Page 27
Whistleblower Policy
Approved by board: September 22, 2014
Policy: If any employee reasonably believes that some
policy, practice, or activity of the Knoxville Museum
of Art is in violation of law, a written complaint may
be filed by that employee with the Executive Director.
It is the intent of the Knoxville Museum of Art (KMA)
to adhere to all laws and regulations that apply to the
organization; the underlying purpose of this Policy is
to support the organization's goal of legal compliance.
The support of all employees is necessary to achieving
compliance with various laws and regulations. An
employee is protected from retaliation only if the
employee brings the alleged unlawful activity, policy,
or practice to the attention of the KMA and provides the
KMA with a reasonable opportunity to investigate and
correct the alleged unlawful activity. The protection
described below is only available to employees that
comply with this requirement.
The KMA will not retaliate against an employee who, in
good faith, has made a protest or raised a complaint
against some practice of the KMA, or of another
individual or entity with whom the KMA had a business
relationship, on the basis of a reasonable belief that
the practice is in violation of law or a clear mandate
of public policy.
The KMA will not retaliate against an employee who
discloses or threatens to disclose to a supervisor or a
public body any activity, policy, or practice of the KMA
that the employee reasonably believes is in violation of
a law, or a rule, or regulation mandated pursuant to law
or is in violation of a clear mandate or public policy
KMA Code of Ethics
Page 28
concerning health, safety, welfare, or protection of the
environment.
My signature below indicates my receipt and
understanding of this Policy. I also verify that I have
been provided with an opportunity to ask questions about
the Policy.
__________________________________
______________
Signature
Date