The City of Detroit’s
Arts Commission has passed a resolution that relies upon Attorney General Bill
Schuette’s recent legal opinion to assert Emergency Manager Kevyn Orr cannot sell some of the Detroit Institute of Arts paintings or artifacts to reduce the city’s debts.
The
Arts Commission is comprised of some of the city’s most prominent civic leaders and supporters. The are: A. Alfred Taubman, chair; Joseph L. Hudson, Jr., vice chair; Dennis
W. Archer; Sheila Cockrel; the Rev. Nicholas Hood III; and David Baker Lewis.
The members, who are appointed by the city, are responsible for
overseeing the operating agreement between the city and the DIA, Inc. On Wednesday, all members were in attendance with the exception of Cockrel. Also in
attendance were ex-officio members Richard M. Manoogian and Eugene A. Gargaro,
Jr. The vote in favor of the resolution was unanimous.
The resolution does not mention Orr’s name but it makes clear that the Arts Commission believes the DIA assets are protected by a charitable trust. The resolution that was adopted on Wednesday urges the DIA leadership to “continue to pursue all avenues for
successful resolution of the issues related to the City of Detroit’s financial
crisis, ensuring that the public trust is upheld and the museum’s
assets—building and art collection—are protected.”

 

The
full text of the resolution is below:
RESOLUTION OF THE ARTS
COMMISSION

October 16, 2013

 
   WHEREAS, the Arts Department of the City of Detroit, comprising
seven appointed arts commissioners (the “Arts Commission”), is responsible for
overseeing the Operating Agreement between the City of Detroit and the Detroit
Institute of Arts, Inc.

 
   WHEREAS, the City of Detroit has acquired legal title to certain
museum assets, including artwork, and held those assets as trustee for the
benefit of the people of the City of Detroit and the State of Michigan (the
“Public”).

 
   WHEREAS, the City of Detroit has placed those museum assets in the
museum building, which is dedicated to the “knowledge and enjoyment of art,”
and publically declared that such museum assets are held in trust.

 
   WHEREAS, members of the Public have contributed property, funds,
family treasures, time, and goodwill to the museum since its inception in
reliance on the understanding that the museum art collection, museum building,
and other assets are held in trust for the benefit of the Public.

 
   WHEREAS, the Attorney General of the State of Michigan issued
Formal Opinion No. 7272, dated June 13, 2012, which confirmed that “the art
collection of the Detroit Institute of Arts is held by the City of Detroit in
charitable trust for the people of Michigan.”

 
   WHEREAS, the Arts Commission, acting in its capacity as the Arts
Department, desires to confirm its historical and present understanding that
the assets of the museum are held in charitable trust for the benefit of the
Public.

 
   NOW THEREFORE, IT IS RESOLVED, that the Arts Commission of the
City of Detroit affirms the Attorney General’s opinion that the museum building
and art collection are held in charitable trust and advises that the museum’s
leadership, with the support of the Commission, continues to pursue all avenues
for successful resolution of the issues related to the City of Detroit’s
financial crisis, ensuring that the public trust is upheld and the museum’s
assets—building and art collection—are protected.