Yes, there should be a Congressional role

Whenever I write that Congress has a role in investigating non-profit governance, I get more oh-no-you-don't email than you'd probably expect. Yesterday, former Santa Barbara and LA County Museums of Art communications director Martha Donelan sent an email that was fairly typical:

You and Lee Rosenbaum have to be kidding.

Aside from the problem of their other overwhelming responsibilities, Congress is in NO WAY capable of overseeing a museum’s accessioning or deaccessioning policy – nor should they be.  It’s simply not their job.  With the possible exception of LACMA, in part, and obviously the Smithsonian, museums are not public institutions. They are private institutions and as such are answerable only to themselves about decisions they make.  Would you suggest that Yale or Harvard should have any public entity overseeing their admissions or expulsions policies?

From the top: I can't speek for Lee. But I'm not kidding.

I have never suggested that Congress should oversee museum purchasing or deaccessioning. However, non-profit governance falls squarely within the jurisdiction of several Congressional committees. (Congress can juggle many responsibilities -- that's why it's broken into committees with different foci. The Senate Finance Committee has been especially interested in non-profit governance.) Certain executive branch agencies, such as the IRS, also monitor non-profits.

Congress should be more aggressive in its monitoring of non-profit organizations. And while most art museums are indeed private, they are 501(c)3 organizations exempt from paying taxes. As a result they are not answerable only to themselves. Nor are institutions of higher education -- witness the Senate Finance Committee's interest in the Munitz-like expenses that have led to the ouster of American University president Benjamin Ladner. Other museum-world practices that deserve scrutiny include the MFA Boston's rental of paintings to a commercial gallery, and deaccessioning at LACMA, MoMA and other museums.

Many other e-writers have suggested that "we" don't want the Republican Congress investigating "our" precious art museums. Hogwash. There is nothing partisan about this. There is nothing inherently liberal or conservative about an organization following its organizational mission or operating within its tax exemption.

Finally, Congress has previously proven itself capable of investigating non-profits run amok. In 2003 Congress looked at the operations of The Nature Conservancy and found plenty of improprieties. The investigation forced TNC to clean up its act. I'd love to see the same Senate committee go after a museum or two.