Ford’s Fresh Angle On The Arts

by:

Joe Patti

One of the activities the Ford Foundation is engaging in as part of their celebration of 75 years is a series of forums focused on issues of social justice. The first of these, held on May 4 had an arts focus. I have been watching the videos of the sessions on the site and still have a few more to go but I wanted to reflect on what I have seen. The event utilized Cover It Live to aggregate the observations of the social media people who were present so you can review their record of the proceedings as well.

In the lunch time discussion between NEA chair Rocco Landesman and former NY Times journalist, Frank Rich, called “Roccing Out: A Lunch Conversation” (sorry, no direct link you will have to scroll down the page), they went over a number of issues, including Landesman’s now famous comments about supply of arts exceeding demand. What I found most interesting was Landesman’s discussion of his efforts to create a private-public partnership between the NEA and private foundations to better serve the arts constituencies.

I found myself wondering if the association would constrict private foundations’ vision toward that of the U.S. government since they are obviously an influential player or if the NEA’s vision would broaden to more encompass the myriad aims of the private funders. I could see the NEA funding possibly expanding as its chair goes before Congress to mention that influential foundation X was bringing Y amount to their partnership. Or it could backfire and Congress could decide it only proved there was plenty of private money out there. Though if GE and oil companies can make billions, not pay taxes and still receive subsidies, there has to be a way to successfully frame the argument.

Landesmann also discussed how he is trying to work with other departments of the federal government to get them to emphasize and use the arts in their programs. He described his efforts as being the coo-coo bird who lays his eggs in other bird’s nests for them to raise since they have more resources than he does. Two examples he used were aligning the arts with transportation projects and housing and urban development.

The other session I watched was “Sharing the Stage: Globalization and Cultural Might.” The thing that grabbed me was the discussion of how construction of arts and cultural centers were seen by countries as a symbol of having made it. Having such buildings were seen as conferring credibility as an accomplished, modern culture and society upon the country. The problem is that some countries haven’t thought about actually inhabiting the buildings with art.

Michael Kaiser of the Kennedy Center talks about traveling to Riyadh, Saudi Arabia and walking around a magnificent art center located far from the population that has never really had any performances in its 15 years of existence. He mentioned another large facility being constructed in the same country where they have projected no operating costs because it will be run entirely by volunteers. Vishakha N. Desai, President of the Asia Society, mentioned that China has plans for building hundreds of museums, but when she asked the mayor of Shanghai what would be put in them, she was told they would figure that out.

The point they were making was that there was something of a misunderstanding in governments in whether the value in art resided in the buildings or the artists. There was some discussion, especially when they opened up the floor for questions and comments, about the importance of having places to exhibit and perform work as well as to train managers to properly empower and enable the work of artists.

My first reaction to this talk about the building bringing prestige was the thought that this is what comes of promoting the economic value of the arts. This came mostly as a result of thinking about all the money and resources that went into the construction. I soon realized though that what the governments really sought was not the tangible value, but to trumpet the intangible value of their country’s culture. They have world class facilities in which to feature world class artists, heavily represented by artists of their own country.

In the US we have been arguing that arts and culture are one of the things about our country that make it great and strengthen the national character. It is difficult to criticize a government who agrees with that and wants to invest huge amounts of money to draw world wide attention to that fact.

Except, of course, that the Field of Dream expectation that if you build it, the artists will come to inhabit the facility and bring life to it is somewhat erroneous. It takes some significant effort and planning to cultivate an artistic life for a facility. My strong suspicion is that the construction of these facilities didn’t involve a lot of input from artists who represented the type envisioned to perform/use the building and the facilities may not be suitable to their needs at all necessitating some immediate renovations.

Info You Can Use: Volunteer Liability

by:

Joe Patti

An appreciative nod to the Gene Takagi at Non Profit Law blog for linking to a Charity Lawyer post about a non-profit’s liability in respect to volunteers.

Guest blogger Deanna Rader notes that a non-profit may be liable for the actions of their volunteers under a doctrine known as respondeat superior which holds that an employer can be responsible for the acts an employee commits in the course of executing their duties. Some states have extended this concept to include volunteers.

In this context, Rader suggests that care be taken in selecting and training volunteers.

* How will volunteers be utilized? The risk of liability increases as the volunteer is given more responsibility and independence. Carefully choose the responsibilities that will be given to volunteers. Also, there should be a clear delineation between the tasks performed by employees and those performed by volunteers.

* What selection criteria should be used? You should use care to ensure that the volunteers selected are fit to serve in the positions at your agency. Your selection criteria may differ based on the responsibilities given to different volunteers. If you are using volunteers to serve children, disabled individuals, or other vulnerable populations, your selection criteria may include a background investigation and criminal history check. If your volunteers sort food for a food bank serving adults, however, a background investigation may not be required.

* What training is necessary? Before putting volunteers to work, they need to be trained to perform the assigned tasks. Otherwise, you could be held liable for their negligent performance of those tasks if it causes injury to others. Also, the nonprofit organization could be held liable if a volunteer who is not properly trained injures himself or herself because of inadequate training.

* How will the volunteers be supervised? Volunteers should have appropriate supervision based on the tasks assigned. A warehouse volunteer who is performing physical labor may not need close supervision, whereas volunteers dealing with vulnerable populations may need to be closely monitored.

* How will problems be addressed? Although good volunteers provide invaluable assistance, bad volunteers can expose you to substantial liability. Do not be afraid to address problems head-on and terminate the volunteer relationship if a volunteer exhibits inappropriate behavior.

Rader also address injury that a volunteer might take in the course of the service to the non-profit. Employees are covered under worker’s compensation laws while volunteers are not. However, it is important to clearly delineate between the two categories of workers. In addition, employers have a responsibility to provide a safe work environment to everyone who may enter their premises, regardless of employment status.

“An employer also has a duty to maintain safe working premises for an employee. Many states have applied this doctrine expressly to nonprofit organizations, requiring them to maintain a safe place for volunteers to work or finding them to be negligent in failing to provide a safe place for a volunteer to deliver services. This duty can apply even if the volunteer is working off premises while providing services for the nonprofit organization, making the nonprofit corporation liable for the actions or inactions of a third party.”

Among the steps Rader recommends taking are having volunteers sign a general waiver and release that informs them about the possible hazards they may face. She also mentions having volunteers work with a buddy or a team so they are never alone.

All this seems very valuable for the performing arts. I have worked in places where volunteers have done everything from ushering to construction to driving farm tractors. There has been ample opportunity for them to injure themselves or each others. We rent our facility out to groups and have had other people’s volunteers damage equipment on a number of occasions for which we held the renter liable.

On the flip side, performance groups often don’t have their own facilities and have their volunteers meet them at an unfamiliar place like my theatre to help them put up a show. In such a situation, you are dependent on the performance facility’s maintenance program and good practices to keep your volunteers safe.

Degree or Equivalent

by:

Joe Patti

The Americans for the Arts ArtsBlog had a contribution from Zack Hayhurst, a candidate for a Masters in Arts Administration at American University. His entry talks about the benefits an arts management degree confers as well as what it doesn’t.

One of the things he says it won’t do is be beneficial to those who already have an established arts management career.

“My own experience has been that those who come to the degree program with a few years of arts management experience under their belt, are likely left feeling under-challenged. The reason for this is not because what the programs teach is not valuable or correct, but because the perspective from which subjects are taught are often taught from an introductory perspective. This is fine for people like me; however, for someone who has worked in the field – who has dealt with boards, who has managed a strategic marketing plan – the academic instruction of these subjects might seem a little too, for lack of a better word, “academic.”’

His experience at American University may be quite different than what one might find at arts management programs in other places. I know at one time the Bolz Center at the University of Madison required people to have some professional experience before entering their program. From the bios of their current students, I assume that is still the case. They probably gear their instruction accordingly.

But something I have noticed fairly often these days is that arts management jobs are saying some sort of masters in arts or cultural management is a desirable qualification these days. In such a case, what is a person without such a degree to do? Often the position will mention equivalent experience as being acceptable, but I know many organizations, including my own, will put a lot more stock in the degree over the experience.

As a person with a masters in arts management I can say that a year of experience is probably more valuable than a year of instruction, though the instruction certainly shortened the learning curve in acquiring that experience. I suspect most people who have earned an arts management degree would say that more or less. So why is the degree valued so much more?

Well, it is much easier to quantify. With a degree, I know exactly what a job candidate was required to learn. I can’t know exactly what skills a person picked up in acquiring their experience. One person in a relatively unknown theatre in a Colorado might have taken a lot of initiative and performed the functions of many positions in the understaffed theatre and has an incredible depth of knowledge. Another person working in the same position title at Lincoln Center may have acquired fewer skills because they were never challenged to expand their role. How am I to know unless the person from Colorado does a super job of outlining this experience in a cover letter and resume? The applicant has to do a great job communicating and I have to commit to listening and reading between the lines carefully to get past the prestige of Lincoln Center.

But really, even if neither of these people worked at a Lincoln Center and I wasn’t familiar enough with any of the places on their resumes to know what was demanded of them, how do I choose between them? Maybe I don’t have to if someone else has a degree in arts administration and a little bit of practical experience. I have hired people on the basis of experience over degree and had to write a long justification pulling apart every applicable line on their resume to explain why it was just as good or better than a degree. Being relieved of this necessity can be a powerful incentive to favor a person with a degree. It may be fear of this situation that will drive people with respectable amount of experience to enter masters programs as they see more and more jobs listing a degree as a desired qualification.

The question is, will it be a boring, financially wasteful experience for these people, or will arts administration programs provide a sort of alternative track that Hayhurst alludes to? Perhaps more valuable to people with significant experience might be shorter certificate programs, that are not necessarily based in higher education, geared toward those of their status that can supplement their knowledge in areas where they are weaker. It would just be a matter of getting employers to recognize these as qualified certification of substantial ability.

If The Kids Can Do It, So Can You!

by:

Joe Patti

So in a follow up to my post yesterday about giving people permission to express themselves, Daniel Pink posted today about a teacher who applied the idea of FedEx Day to instructing his sixth grade classroom. The teacher in question, Josh Stumpenhorst, called the effort “Innovation Day” and created an environment to let his students direct their learning for the day.

There was some prep work involved in getting the students focused and prepared for what they were going to do, of course. On the whole, it was pretty dang successful and the kids really got invested in the process. Among the projects the kids undertook were:

We had a student:

• Writing and performing his own guitar solo
• Creating a model out of wood of the Sears Tower
• Writing her own historical fiction short story
• Creating a Rube Goldberg machine
• Designing and creating a replica suit of Roman Armor (out of tinfoil and cardboard)
• Creating a how-to tutorial on baking a cake
• Painting a still life on canvas of a nature scene
• Writing and performing a one-man comedy act
• Researching and presenting on the concentration camps of the Holocaust
• Creating a video highlight reel of basketball moves and plays
• Building a model of the Leaning Tower of Pisa
• Writing a biography of his favorite teacher Mr. Stumpenhorst (<—–ok, I made this one up!)
• Creating a video documentary of Innovative Day
• Building a model of Big Ben
• Choreographing and performing a dance
• Researching Walt Disney and creating a model of the Epcot Center
• Creating a model of numerous World War II battles
• Building a model of the Eiffel Tower
• Researching and creating countless Power Points, posters, and Photo Stories

I wondered yesterday how an experience that cultivated a sense of permission to express oneself might be designed for adults. I think this project might be a good basis to start from, especially since there was a lot of natural collaboration emerging. Granted, these kids and teacher already had an existing daily relationship with each other in which there was a certain level of structure and trust. The same environment may not exist for an arts organization and a constituency that spends the majority of its day in school or at work. It might take some time and effort to get to this point–if you wanted to get to this point at all. A project that evolves in an entirely different direction based on the dynamics of the community is eminently possible.