North will need court approval to sell Russian painting
BY AMY DeMELIA SUN CHRONICLE STAFF
Friday, October 10, 2008 2:56 AM EDT
NORTH ATTLEBORO - Should the town attempt to sell its valuable Russian masterpiece, the state Attorney General's Office will consider taking legal action to halt the sale, according to a letter received from the state agency.
David Spackman, chief of the public charities division of the Attorney General's Office, said that unless the town seeks permission in court, it cannot sell its "Afghans" painting.
Otherwise, Spackman said his office will consider legal action if necessary to stop any sale.
"As we have consistently stated, a sale does not further the donors' intent to use the painting to inspire art appreciation and any attempt to sell the painting will result in the division considering its legal options to enjoin such a sale," he wrote.
The letter arrived in the selectmen's office Tuesday, just shy of two weeks before Representative Town Meeting members are scheduled to give their recommendation on whether the town should sell the Alexandre Iacovleff painting, known as "Afghans." The issue is to be taken up at the Oct. 20 town meeting.
The letter was forwarded to selectmen by Town Counsel Roger Ferris, who said he did not request the opinion. Neither did the board of selectmen.
The RTM vote will merely serve as a recommendation. Selectmen have the final say on the fate of the painting, which could be bring in $1.2 million if sold at auction.
Selectmen and the school committee have been at odds over the fate of the painting because the school committee wants to sell it and use the proceeds to foster the appreciation of the arts. Selectmen and the relatives of W. Charles Thompson, who in 1951 hung the painting in what is now the Community School, are opposed to the sale.
In a recent development, the finance committee voted 3-2 to recommend selling the artwork, saying its sale would best serve the town.
However, Spackman said a sale would only be authorized by the court if the town can prove that it is impossible or impractical for the town to keep it.
"The impossibility or impracticability standard does not appear to have been met, in part, because the donors are willing to donate an additional $50,000 to secure the painting," Spackman wrote. "Moreover the general charitable intent of the donors is for their gift to be used as a painting to inspire art appreciation, not as a fungible item to be sold for money to support school programs, as laudable as that purpose may be."
Selectman Michael Thompson, who is not related to the donor of the painting, said the letter makes the town meeting vote moot.
However, Selectman Mark Williamson disagreed, saying, "What we've got is an article for the RTM to make a recommendation to this board on whether or not to sell the painting.
"We should continue to solicit their advice as to what their recommendation will be. What happens beyond that depends on what that recommendation is," he said.
