CIMAM

The Rules and Regulations of CIMAM (1999 - revised 2003, 2005 and 2007)

ICOM : The International Committee of Museums
CIMAM : The International Committee of ICOM for Museums and Collections of Modern Art

1. Name and Address

The name of the organisation is the International Committee of ICOM for Museums and Collections of Modern Art (CIMAM) hereafter referred to as CIMAM. Its address for purposes of correspondence is care of Manuel J. Borja-Villel, President of CIMAM and Director of MACBA, Plaça dels Àngels, 1 08001 Barcelona Spain; Tel: +34 93 481 33 57; Fax: +34 93 412 53 09; E-mail: mborja@macba.es; Sabine Breitwieser, General Secretary of CIMAM and Director of Generali Foundation, Wiedner Hauptstrasse 15, 1040 Wien, Austria; Tel: +43 1 504 98 80 10; Fax: +43 1 504 98 83; E-mail: Sabine.breitwieser@generali.at or Hendrik Driessen, Treasurer of CIMAM and Director & Chief Curator of De Pont museum of contemporary art, P.O. Box 233, 5000 AE Tilburg, Netherlands; Tel: +31 (0)13 - 543 83 00; Fax: +31 (0)13 - 542 09 52; E-mail: h.driessen@depont.nl

2. Relationship with ICOM

The Committee is an International Committee of the International Council of Museums (ICOM) established under Article 17 para 3 of the Statutes of ICOM. Its activities are at all times subject to the Statutes and to these Rules, made in accordance with Article 28 of the Statutes.

3. Aims

The aims of CIMAM are to :

formulate and carry out a program of activities related to modern and contemporary art and to professional issues related to this;
encourage scientific studies in this field ;
provide a forum for communication, co-operation and information exchange, between museums, professional visual arts workers, artists and others concerned with modern and contemporary art;
represent the interests of artists, museums of modern art and related visual arts professionals working in the public and independent sectors within ICOM;
support the aims and objectives of ICOM, in particular with reference to the collecting, mediation and display of modern and contemporary art in public institutions;
contribute to the development and implementation of ICOM's program;
provide advice to ICOM on museological and other professional issues relating to modern and contemporary art and be a source of professional expertise to assist in the implementation of ICOM's program;
co-operate with National Committees and Regional Organisations of ICOM and with other International Committees and Affiliated Organisations in matters related to CIMAM's specific mandate and to the broader interests of ICOM.

4. Membership

The membership of CIMAM shall comprise those persons being Individual Members or designated representatives of Institutional Members of ICOM who request membership of CIMAM, and such other persons (not exceeding 20 percent of the Committee's membership) who are co-opted to CIMAM.
Members of CIMAM shall be either:

voting members, being members of ICOM who have nominated CIMAM as the Committee of which they wish to be a voting member; or
Non-voting members, being members of ICOM who have sought membership of the Committee but who are voting members of another International Committee; or
Co-opted members, being persons not members of ICOM who provide professional services to museums or patrons of CIMAM who accept and abide by the ICOM Code of Professional Ethics (but who do not deal [buy or sell for profit] in cultural property) ; or
Patrons of CIMAM ; or
Honorary members, being members of CIMAM who have served on the Board and who are deemed by the Board to have performed exceptional services on behalf of CIMAM. Honorary members are appointed for life without payment. Under special circumstances Honorary members may form a special Consultative Committee to the Board.

Members of ICOM wishing to join CIMAM, either as voting or non-voting members, shall inform ICOM headquarters, which shall forthwith transmit details of the Member's application to the Secretary/Treasurer of the Committee, together with advice as to whether the member is a voting member of any other Committee of ICOM.
The President of the Committee shall refer all such applications to the Executive Board, which shall admit applicants to one or other of the classes of membership of the Committee depending on the voting affiliation (if any) of the applicant with another International Committee.
Voting membership of CIMAM shall cease if the member:

resigns from the Committee;
ceases to be a member of ICOM for any reason.
does not contribute a subscription fee for agreed services for a term of three years unless there has been an agreed waiver beforehand.

5. Rights of Members

Upon admission of a person to membership of CIMAM by the Executive Board membership rights accrue to the member, including the right to participate in the activities and program of the Committee, to attend meetings organised by the Committee, and to have the right to buy any publications produced by the Committee for sale to members.
Persons admitted by the Executive Board as voting members shall have the right to vote in the business meetings of CIMAM, to stand for election to the Executive Board, to vote in the Board elections and to be designated as a representative of CIMAM to vote at the General Assembly of ICOM and the election of the Executive Council.
A voting member of CIMAM who seeks and obtains voting membership of another International Committee shall, upon request, become a non-voting member of the Committee.
Non-voting members may not vote in the affairs of the Committee nor stand for election to the Executive Board.

6. General Meetings of CIMAM

CIMAM shall hold such meetings as it considers necessary for the attainment of its objectives and the carrying out of its program.
At all General Meetings participants may present papers and speak in any of the official languages of ICOM. Another language may be used if a participant arranges for translation into one of the official languages of ICOM or if the majority of participants agree to its use without translation.
CIMAM will meet in plenary session each year if possible, and, unless the Executive Council of ICOM agrees to the contrary, always in conjunction with the General Assembly of ICOM. At least six months notice shall be given to all members of the Committee of the place and dates of General Meetings.
The triennial plenary meeting held in conjunction with the General Assembly of ICOM (or such other meetings as may be agreed by the Executive Council of CIMAM) shall be the principal business meeting of the Committee. Its agenda shall include the following items :

a report on the work of the Committee during the preceding triennium;
presentation of a report on the finances of the Committee for the preceding triennium;
a review of the draft triennial program of ICOM and adoption of the work program of the Committee for the forthcoming triennium;
a review of the activities of any working groups and renewal of their mandates if appropriate;
adoption of a budget for the following triennium;
election of the President, Secretary/Treasurer and Executive Board.

The quorum for the triennial plenary meeting shall be 10 percent of the voting membership of the Committee present personally or by proxy.
At triennial plenary meetings of CIMAM, each voting member shall be entitled to one vote on any matter before the Committee. An Institutional Member may, in writing, designate a person to vote on his/her behalf.
CIMAM may establish working groups with specific terms of reference to facilitate the carrying out of its program. Each working group shall appoint a Convenor from among its number, who shall report progress on its mandate at each triennial plenary meeting of the Committee. At each such meeting, the need for each working group shall be reviewed and its mandate renewed if necessary.
CIMAM may convene meetings at the regional or sub-regional level, but all members of CIMAM shall be entitled to attend such meetings.
In accordance with the Statutes, Article 17, para 10, the CIMAM President shall inform the Chairperson of the National Committee (if one exists) in the state in which any meeting of the Committee is to be held, of the date, place and subject of the meeting.

7. Management of CIMAM

The affairs of CIMAM shall be managed by an Executive Board, comprised of persons elected by the voting members and persons co-opted to the Board. The elected members of the Board shall consist of a President and at least ten other persons, including such additional office-bearers as the Committee considers necessary. Every three years at the Plenary Meeting members of the Board shall be elected by the eligible voting membership for a period not exceeding three years. Board Members may be re-elected no more than two additional times if they wish and continue to be eligible under Article 17 para 4 of the ICOM Statutes. This means than no Board Member can serve for more than nine years without interruption. The newly elected Board with the outgoing Board should then elect the new President and Secretary/Treasurer out of the members of the newly elected Board and inform the membership of the results of this election during the time of the Plenary Meeting. The President and Secretary/Treasurer cannot be re-elected more than once without interruption - a total of six years. The number of Board Members, excluding co-opted members and patrons, should not exceed 15. The quorum for meetings should be one third of the voting Board Members.
No more than three members from any one country may be elected to the Executive Board. In order to ensure adequate geographic representation as well as for other strategic reasons, the elected members of the Board may co-opt up to five additional members. The terms of office of co-opted members are at the discretion of the Board.
Any voting member of CIMAM " in good standing ", including a designated representative of an Institutional Member, is eligible to stand for election to, or to be co-opted to, the Executive Board subject to the limitations imposed by the Statutes, Article 17, para 4. Preference will be given to candidates who are actively working in Museums or related institutions. Nominations for the Board Elections can be made by any eligible CIMAM Voting Member [ie those who have paid their CIMAM affiliation fees].
The Executive Board shall be elected at the triennial plenary meeting of CIMAM, by the eligible voting members. The out-going Executive Board shall invite nominations for the next Executive Board at least four months before the triennial plenary meeting and shall inform all eligible voting members of the names and qualifications of candidates at least two months prior to the date of commencement of the meeting. Sitting Board members who wish to stand for re-election should have informed the Secretary/Treasurer of their intention to do so before this date so that their names may be included in the list of candidates. An eligible voting member who is unable to attend the triennial plenary meeting may authorise, in writing, another voting member to vote on his or her behalf at the election or may vote directly by mail, fax or email ensuring that their vote reaches the Secretary/Treasurer at least one week before the start of the Conference.
Patrons of CIMAM are invited to attend Board meetings if they wish.
If a member of the Executive Board stops working in a museum or related institution for any reason during the period between the triennial plenary meetings, the position may, if necessary, be filled by co-option by the Board of another voting member of the Committee until the next triennial meeting is held.
A member of the Executive Board shall cease to hold office if the member:

resigns from ICOM for any reason;
is no longer a member " in good standing " (Statutes, Article 1, para 3);
fails to attend three consecutive Board Meetings without extenuating circumstances being presented to the Board;
is no longer a voting member of the Committee.

The Executive Board shall meet as often as it deems necessary but not less than once in each year.
The quorum for a meeting of the Executive Board shall be one third the number of Board members; all must be present personally at the meeting.

8. Finances of CIMAM

CIMAM is entitled to raise such funds for its operations as it considers necessary. It may not impose any annual membership subscriptions on ICOM members, but is entitled to impose a subscription fee for specific services.
Subject to confirmation by the Executive Council in the light of the annual budget of ICOM, CIMAM shall receive a subvention from ICOM for each voting member which, on request from the Committee, shall be paid no later than 30 June in each calendar year.
The Committee may impose such charges for participation in General and other meetings as it deems necessary.
The Committee may receive grants and donations and accept underwriting from sponsors.
The Committee may produce at its own expense and sell publications but shall inform the Secretary-General of ICOM before doing so.
The Committee shall not enter into any contract or any legally binding agreement involving expenditure by ICOM without the approval of the Executive Council first being obtained (other than contracts and agreements that relate to its own activities and can be paid for from its own funds).
All monies received by CIMAM shall be deposited in a bank account established for the purpose and all payments made on behalf of CIMAM shall be made from that bank account. The Board shall advise the Treasurer of ICOM of the account name and number and the name of the bank at which the account is established.
CIMAM shall keep proper accounts of all monies received and expended on an annual basis. A report on the finances of the Committee shall be presented to the members at each plenary meeting of CIMAM. An external audit will be carried out every three years.
CIMAM shall send a copy of the report on the finances of the Committee to the Secretary-General of ICOM for presentation to the Executive council.

9. Role and responsibilities of the Executive Board

The Executive Board is responsible for managing the affairs of CIMAM and for ensuring that the requirements of the statutes of ICOM, and of these Rules, are met.
The Executive Board shall, before any meeting of CIMAM is held in a State, satisfy itself that no impediment will be placed in the way of any member of the Committee attending the meeting, by the Government of the host State.
The Executive Board shall, each calendar year, prepare a report on the activities of the Committee during the preceding year, which shall be sent to all members, and considered at the annual General Meeting. The report shall be transmitted to the Secretary-General for submission to the Executive Council and the Advisory Committee and the General Assembly of ICOM.
The Executive Board shall, when requested to do so by the Secretary-General, transmit a report on the work of CIMAM for the preceding triennium to the Secretary General for submission to the Executive Council, the Advisory Committee and the General Assembly of ICOM.
The Executive Board shall, when requested by the Secretary General and after consulting as far as practicable with the voting members of the Committee, designate two voting members of the Committee to vote on its behalf at the General Assembly and in the election of the Executive Council or, if the Committee does not expect to be represented at the Assembly, advise the Secretary-General of its intention to vote by mail.
The Executive Board shall, at least six months prior to the General Assembly, submit to the Secretary General its comments on the draft triennial program of ICOM and a draft of its own proposed triennial program of work for inclusion in the final triennial program of ICOM for consideration at the General Assembly.
The Executive Board shall ensure that members of CIMAM are kept fully informed of the work of the Board, of its plans for the activities of the Committee and of any other matters relevant to the work and functions of CIMAM. It may publish a regular Newsletter or communicate with the members by such other means as it deems appropriate.

10. Amendments to Rules

The Rules of CIMAM adopted at a General Meeting of the Committee may be amended at any subsequent annual General Meeting.
Any suggested amendments to the Rules must be proposed and seconded by voting members of the Committee " in good standing ". The text of any proposed amendment, together with any explanatory material, shall be sent to the President of Executive Board at least twenty-eight days prior to the annual General Meeting at which they are to be considered.
Adoption and amendment of the Rules shall require a three-quarters majority of the members voting, either personally or by proxy.

11. Dissolution of CIMAM

The Committee may be dissolved by a decision of the Executive Council taken in accordance with the Statutes, Article 17 para 12.
In the event that the Committee is dissolved, its assets (if any) shall be transferred to ICOM headquarters and shall be dealt with in such manner as the Executive Council thinks fit.

Amended at the General Meeting of CIMAM, San Francisco November 2003.
Address amended at the Board Meeting of CIMAM, Venice June 2005

Venice, June 10 2005