[MassHistPres] ("legal") advice sought

[JLennerton at aol.com]

A clear majority of the collection has no documentation as to if it was  
donated to library vs. town. We have in town records, a clear indication that  
library and museum were separate entities although in the same building.
 
We have a meeting scheduled tomorrow with the town administrator, but we  
will have to approach the board of selectmen with this.
 
We have thought to meet with town counsel, however previous meetings with  
him on various issues have proven unproductive. 
There actually was a similar situation approximately thirteen years ago  
where the town arts council obtained a substantial grant from the state to  
restore several paintings that were hanging in the library, only to have  the 
library trustees sell them within weeks of their return. Town counsel at  
that time did nothing. 
 
Additionally, it is my understanding that monies raised by municipal  
agencies must be turned over to the towns general account. Would that be the  
case here?
 
Joe Lennerton
Leicester Historical Commission
 
 
In a message dated 9/24/2014 3:51:11 P.M. Central Daylight Time,  
djd184 at verizon.net writes:

Who was  it donated to?  The town or the library?  Can it be proved by old  
minutes or other documents one way or the other?   


Where do the selectmen stand on this?


Has town counsel opined?


Dennis De Witt




On Sep 24, 2014, at 4:31 PM, _JLennerton at aol.com_ 
(mailto:JLennerton at aol.com)  wrote:



 
Hi  folks- 
The Leicester Historical Commission is in some dire need of  
advice/information. 
The town of Leicester has for many decades (since the 1890’s  actually) 
operated a small museum on the second story of the Leicester  Public Library. 
It has a collection of artifacts donated to the town to be  put on display.  
Currently, the library is seeking to raise money for a sizable  addition to 
the building. The library trustees have decided to start selling  the 
historic artifacts to help fund the addition.  
The historical commission is naturally 100% in opposition to  this.  
It  is our opinion that these belong to the town and that as such, they 
must be  declared surplus by the board of selectmen and disposed of following 
the  normal legal process for surplus property. (Not that we want this to  
happen) 
The trustees claim that these belong to the library and not the  town and 
since they are in charge of the library, they can do with the items  what 
they please.  
The library trustees are elected public officials, and the  public library 
is funded by the town of Leicester, so in no way is it a  private library.  
Although this has been planned for some time, the trustees  never informed 
any other town agency, including the historical commission.  They did 
however, offer the first right of refusal on buying the items to  the local 
private historical society. 
What are people’s thoughts on this? What are some ideas on how  we can 
prevent the sale of artifacts from occurring? Time is of the essence  here, so 
any advice is greatly appreciated. 
Thanks- 
Joe Lennerton, Leicester  Historical  Commission

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