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The Art Gallery of Ballarat's (AGB) constitution seems to offer a workable model around which a constitution for the QVMAG could be constructed given that:
1. It was framed within the paradigm of the institution being a cultural institution that exists in a Local Govt. context;
2. It relates quite closely to the Article of Association that would apply to any incorporated not-for-profit organisation – company limited by guarantee – operating outside the orbit of Local Govt.;
3. It has been carefully drafted to fit the institution's real world situation; and
4. Last but not least, it clearly articulates the institutions purpose and powers/objectives thus unambiguously setting the parameters for accountability while providing benchmarks for reporting and quality assurance.
This form of constitution would afford the QVMAG the kind of accountability that would enable the institution to build upon and expand its operation through the better employment of its own resources for, and on behalf of, its Community of Ownership and Interest (COI).
Membership
In a 21st C context the fact that this constitution addresses the issue of museum membership, and in the way that it does, offers real potential for the AGB to be proactive in engaging with its COI – with all the marketing advantages that brings with it. Furthermore, the constitution sets out the eligibility and qualifications for Directors/Trustees membership and by doing so seeks to insure best practice in governance and put in place a model that is accountable, appropriately experienced and skilled in relevant areas while being independent.
Furthermore, this is the kind constitutional arrangement is employed by non-government not-for-profit educational institutions and there every prospect that will, translate to the museum art gallery paradigm well – indeed it has already.
Importantly, Ballarat City Council is a permanent member of the gallery. Furthermore, Council's approval must be gained before any other organisation, group or individual can be admitted to AGB membership. Consequently, BCC, the elected representatives of a large percentage of AGB's COI, has ultimate control of the institution and it assets – publicly owned cultural property.
For the QVMAG there would be enormous advantages in building a like constituted membership network around the institution. It would provide a valuable marketing tool so long as the membership rationale is not seen as being directly income generative. Rather, its purpose should be to do with building relationships and have little or nothing to do with the collection of membership fees – albeit that some income can be derived from membership fees and charges even if they are insignificant.
The membership may well be made up of percentage of individuals – researchers, educators, collectors et al – and kindred groups/ organisations – for example, the Friends of the QVMAG, the Field Naturalists, Historical Society, Historic Protection Society, etc. etc. In addition in Northern Tasmania, and given the QVMAG's regional status, this kind of membership offers the opportunity for adjoining Local Govt. areas to become 'QVMAG members' – a strategy that offers many potential benefits for the QVMAG.
In effect such a membership over time may well evolve into something like the Mechanics Institutes that the QVMAG evolved out of and be a 'college' of a kind from which nominations to the Directors/Trustees can be drawn.
Directors/Trustees
The AGB model seems to enable Directors to remain on the Board for protracted terms. This seems to be the weakest aspect of the constitution but something that can be dealt with. The constitution does not allow for the remuneration of Directors and while other institutions do, and it may be appropriate to do so, such remuneration should not come from recurrent funding allocations from Govt. Rather it should be nominal and only come from the institution's earned income – rather than from recurrent funding from a government funding source.
Importantly, the constitution states that ... "a majority of the directors of the company must be persons who are not employed by, or an officer of, government, local government, or a government department or authority, and who, in the opinion of the members, are:
(a) experienced in the field of arts management;
(b) experienced in business administration or finance; or
(c) demonstrate an active interest and leadership in cultural activities"
Advisory Committees: Policy & Planning
The AGB constitution provides for Advisory Committees to strengthen to governance role of the Directors/Trustees. Quite apart from expanding the advise base a museum's governance has available to it, strategically a network of such committees:
• Allows for the enlistment of people with specific skill sets missing from other aspects of the 'museum enterprise';
• Has the potential to build productive relationships with its COI;
• Mitigates against the atmosphere of isolation and insulation that often (typically?) surrounds museum's and art galleries' governance and management structures;
• Better place the institution strategically to build its research and publication profile as well as being eligible for a broader spectrum of funding; and
• Goes some way towards actively building a culture of engagement with the institution's audiences and COI – a marketing strategy.
NOTES ON PROPOSED RULES OF GOVERNANCE 2006
Tasmania's LOCAL GOVERNMENT ACT 1993 - SECT 333 states that Launceston City Council has "management and control of the QVMAG. Nonetheless, by necessity, this does not translate as "ownership" as is claimed in QVMAG advertising and marketing material .... read more on this here
Mid 2006 Council drafted a set of Rules for a QVMAG Board of Governance that stated that the Board's PRINCIPAL OBJECTIVE was to be as follows ... focus." The rules never got beyond proposal stage and in the following March Council agreed postpone implementation for 12 months however issue has not been revisited since.
Notably the document does not set out the QVAG's Purpose for Being as an institution and nor does it set out the institution's Objectives. Without these elements the primary means of measuring accountability typically found in such instruments is missing. Indeed, it is not possible to incorporate any company or organisation unless these two things are written into the Article of Association or Constitution.
Interestingly under item 6 Functions & Powers "Item 6.2. to endeavour to achieve the objectives the Council sets for the delivery of services in respect of the Facilities, Collections and Assets as negotiated with Council and primarily set out in the Cultural Enterprise Plan ... 6.3. to implement the Council policy as revised from time to time, for the development and enhancement of the Facilities in accordance with the Cultural Enterprise Plan ... 6.4. to provide advice to the Council on Council’s long term policy for the development of gallery and museum facilities in Launceston." Given this, the evidence is that these rules were intended as an instrument of management with delegated powers, and with limitations, rather than rules for accountable governance.
In effect, 'all real governance' was to remain with Council – and in effect with Council management more so than with the Aldermen. Furthermore, given that there is no substantial evidence that Council – the Aldermen – has actually exercised its powers of governance for some time, and especially so in the area of policy development, since the abandoned 2006 QVMAG rules. Consequently, the QVMAG has been operating without an articulated Purpose for Being and a set of Goals/Objectives against which it can:
• report on performance;
• be functionally accountable to its constituency;
• demonstrate quality assurance; and
• be seen to be delivering value for money.
