Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 088 - MAINE ARTS COMMISSION › Chapter 3 - RULES TO CARRY OUT THE PERCENT FOR ART ACT › Section 088-3-2 - Selection Procedures

Current through 2024-29, July 17, 2024
A.
Advisory
				Committee
Selection shall be by the contracting agency which shall
				  consider the recommendations presented by an advisory committee composed of
				  members chosen by the contracting agency and by the Director of the
				  Agency.
I.
Size
: The
				number serving shall be no less than three and no more than five, except that
				in the case of projects with Percent for Art budgets of less than $7,000, the
				number shall be three.
II.
Composition
: The project architect, a representative chosen by the
				contracting agency, and a representative chosen by the Director of the Agency
				shall be members of all advisory committees. Additional advisory committee
				members shall be selected equally by the contracting agency and by the Director
				of the Agency from any of the following areas in whatever combination best
				applies to the project; museum director or curator, art historian, critic,
				collector, artist not in competition, art educator, or lay member of the
				public, except that in the case of any public school, vocational school, or
				university construction, a student may be appointed by the contracting
				agency.
III.
Responsibilities
a.
Contracting Agency Representatives
: Committee members representing
				the contracting agency may serve as chair and secretary of the committee. A
				single committee member may serve in both capacities.
i.
Chair
: The committee chair
				serves as the liaison to the contracting agency, keeps records, administers the
				budget, publicizes the project, and files final reports.
ii.
Secretary
: The committee
				secretary serves as the liaison among committee members, keeps and distributes
				minutes of each meeting, and prepares requests for proposals and other
				correspondence with artists.
b.
Maine Arts Commission
				Representatives
: Committee members appointed by the Director of the
				Agency shall participate in all committee decisions and shall provide artistic
				and technical advice. As per
				27 MRSA
				§458(4), the Agency
				shall collect an administrative fee to administer the projects.
c.
Architect
: A representative
				of the architectural firm shall participate in all committee decisions, and
				shall provide technical assistance. Engineering and design changes required for
				installation or display shall be compensated separately. See section 3. B.,
				Inclusions and Exclusions.
d.
Maine Arts Commission
: The Director of the Agency, or the
				Director's designee, coordinates and records the Percent for Art program,
				interprets the
Percent for Art Act
, provides information and
				technical assistance, may act as committee chair and/or secretary, and prepares
				reports and makes presentations to the Commission for approval of the selection
				process.
IV.
Remuneration
: Committee members not appointed by the contracting
				agency shall be reimbursed for their necessary travel expenses at current state
				government rates or contracting agency rates, whichever is greater. In the case
				of necessary off-site travel, committee members appointed by the contracting
				agency may also be reimbursed for their travel expenses. Reimbursable
				administrative costs incurred by advisory committee members and by the
				contracting agency shall include but may not be limited to: honoraria or design
				fees, postage, duplication, advertising, and telephone costs. The total cost of
				advisory committee expenses for each project shall not exceed 10% of the amount
				allocated for the purchase of works of art except in certain circumstances
				approved in advance by the Director of the Agency.
V.
Commission Approval
: The
				Commission delegates final selection of the artists and artwork to the advisory
				committee and approves the procedures followed for the project under the rules
				and regulations.
VI.
Local
				Approval
: It the contracting agency is a public school or school
				district which does not delegate final selection of the artists and artwork to
				the advisory committee, it shall appoint at least one representative from its
				governing board to sit as a voting member on the advisory committee.
VII.
Documentation
: Each
				contracting agency or Commission shall document the process of selecting works
				of art and artists. Minutes of each advisory selection committee meeting shall
				be forwarded to the Maine Arts Commission office by the committee secretary.
				Final written documentation shall be forwarded to the Agency within thirty (30)
				days of the completion and/or installation of any project by the committee
				chair. Artists shall provide photographic documentation of the artwork
				installed to the Agency in the form of six (6) professional quality slides and
				two 8" x 10" black and white photographs and/or other means based on
				technological requirements of the Agency.
VIII.
Conflict of interest
: All
				committee members shall disclose all potential conflicts of interest and shall
				disqualify themselves if such conflicts violate state law or established
				standards for juried competitions. All committee members have the
				responsibility to avoid direct and indirect private interest which is at
				variance with the impartial performance of their public duty. Members also have
				responsibility to avoid the appearance of a conflict of interest by disclosure
				or by abstention. At the same time, since members of the committee have keen
				interest in the arts and in arts organizations in the state, they should not
				disqualify themselves from either ongoing participation in the arts and arts
				organizations of their choice, or from general policy-making discussions and
				decisions which carry out the statewide obligations of the Agency.
a. Advisory committee members (including
				spouses and dependents) must not have direct or indirect interest, financial or
				otherwise, or engage in any business or transaction, or incur any obligation of
				any nature that conflicts with the selection of artists and artwork for the
				designated Percent for Art project.
b. Artists under consideration shall not be
				affiliated with advisory committee members, with the contracting agency, with
				the architectural or design firm involved with the project, or with the
				Commission staff member assigned to the project. Affiliation which constitutes
				conflict of interest shall include but not be limited to:
i. An employee, employer, agent, or dealer
				relationship;
ii. A relationship by
				blood, marriage, business, partnership or collaboration;
iii. Any other relationship that may
				compromise the objectivity of members of the advisory committee.
c. Artists who are full-time
				employees of the University of Maine and Maine Community College Systems shall
				be ineligible only for Percent for Art projects at the campus where they are
				employed.