Ethics Q&A: Gifts to individuals
August 1999
Q:
A benefactor with whom I have worked closely over the acquisition by our gallery of parts of her private collection of prints and drawings is keen for me to accept a sculpture that she owns as a personal gift from her to me. I would like the gallery to have it but we don't collect sculpture.
Furthermore, she is insistent that she would like me to have it as a token of friendship and affection that I can enjoy at home. I have spoken to the director but she doesn't quite know what to do either.
A:
What you must avoid is any real or perceived inducement to do the benefactor a favour. It would be more difficult to argue that no 'back-scratching' was going on if the gift was from an artist or dealer. Fortunately, here, there doesn't seem to be any suggestion that the benefactor wants, or anybody thinks she wants, something in return. If she doesn't want to gift the sculpture to the gallery and if the item doesn't, in any case, fall within the gallery's collecting policy, could you not persuade her to gift it to another museum where everyone could benefit from her generosity?
It is good that you haven't in any way solicited this gift and that you have sought advice on the issue and been open about it with your director.
It would be unethical to accept the sculpture with the intention of selling it in the future.
If the sculpture does end up in your home and becomes your property you may well, at an appropriate future date, be able to gift the sculpture to the best museum for it.
By then you will, after all, have had the abundant personal enjoyment from it that the benefactor wanted and by transferring it to a museum environment you ensure that the sculpture is cared for and appreciated in perpetuity.
Whatever you do, make sure that all decisions are formally recorded by your employer.
Ethics Code: 2.12






