§ 2-38-3. Control; general powers and duties.

A.

Control. The board of trustees of the Memphis Brooks Museum of Art shall be supervised as to the use and administration of properties of the city, capital fund appropriations therefor and appropriations for operation and maintenance of the properties and programs of the Memphis Brooks Museum of Art provided from public funds by ordinances of the council, by the arts and science commission acting under the general control of the mayor.

B.

General powers and duties of trustees.

1.

All actions by the trustees and their appointed officers and agents regarding the application and expenditure of all moneys appropriated or contributed to the Memphis Brooks Museum of Art by the city shall be authorized by formal resolution of the board of trustees, adopted by the affirmative and recorded vote of a majority of the trustees, present as a quorum and voting, at a regular or specially-called meeting. Minutes of all such actions shall be open and subject to inspection by the arts and science commission, and the mayor and council.

2.

The trustees shall manage, and administer the public properties and improvements of the Memphis Brooks Museum of Art and shall promote and develop the purposes, functions and services thereof for the cultural and educational use of the public and the collection, study and display of accessions of fine and decorative arts. They shall perform each and every obligation of the park commissioners and the city undertaken in agreements dated May 27, 1913, and May 23, 1916, between the park commission and Mrs. Bessie Brooks and approved by the city. The trustees shall be authorized to deaccession, sell or exchange of any fine and decorative art objects, artifacts, art reference books, documents and "gifts, devises and bequests of property in kind," in their custody as trustees of Memphis Brooks Museum of Art and, when and as they see fit, to apply the proceeds from any such sale to the purchase of other art objects, artifacts, or art reference documents as they may deem proper in accomplishing the purposes, functions and services of the Memphis Brooks Museum of Art, provided such transactions shall be approved by formal resolution adopted by the affirmative and recorded vote of a majority of the trustees.

3.

The trustees shall prepare and submit complete and timely budget requests to the mayor and council through the arts and science commission at least annually, and at such times as shall be required by the mayor, and shall direct the application and expenditure of moneys appropriated by ordinances of the council for such budget requests, accounting to the arts and science commission under the general control of the mayor, and to the council, upon all expenditure of such public funds at least annually, and at such times and in such forms as the mayor shall require.

4.

The members of the board of trustees may assume during their terms of office hereunder such additional purposes, powers and duties as shall be vested by lawful means upon such persons when serving jointly and concurrently as trustees and directors of a nonprofit general welfare corporation chartered by the state to promote, administer and develop through the use of private gifts, funds and endowments the purposes, functions and services of the Memphis Brooks Museum of Art and the collection, study and display of accessions of fine and decorative arts, provided that such additional purposes, powers, and responsibilities shall be performed in practical harmony with the continuing public duties of the trustees of the Memphis Brooks Museum of Art defined by this chapter. Moneys and property of any character, including accessions of fine and decorative arts, from private sources and any governmental agency other than the city which are now held or may be acquired after the effective date of Ordinance No. 660 by the board of directors and trustees in the name of such nonprofit general welfare corporation for the purposes of such corporation shall not be held, received, expended or administered by the trustees pursuant to, or be subject to, the public duties defined by this chapter, and shall be subject only to the provisions, powers and authority granted to the board of directors and trustees of such general welfare corporation by the charter of incorporation and bylaws thereof.

5.

The term "accessions of fine and decorative arts" means the acquisition and advancement by purchase and sale or exchange, and by gift, bequest, or loan of objects of fine art, including original paintings, drawings, sculpture and photographs created by individual artists or groups of artists and not produced in lots, and outstanding objects of decorative arts produced by industry from designs of artists, including ceramics, textiles, glass, metal, plastics, furniture, and others, when aesthetic consideration shall prevail, all in furtherance of the aims and objects of Mrs. Bessie Brooks, the founding and first benefactor of the museum.

6.

The powers, duties and responsibilities of the Memphis Park Commission over the Memphis Brooks Museum of Art are declared dissolved and abolished.

(Code 1967, § 2-208; Code 1985, § 2-118; Ord. No. 660, § 2, 3-17-1970; Ord. No. 2023, § 1, 4-16-1974; Ord. No. 3272, § 1, 3-1-1982)