§ 4-22.06. Culture Commission Selection of Artists, Designers, Art Work, and Sites.
When the Culture Commission decides by its own motion to acquire a Public Art Project or to commission the creation of an Art Project, it shall follow the following procedures:
(a)
Methods of Selecting Artists or Designers. The Culture Commission shall determine the method of selection of the artist or designer, based on the circumstances surrounding the work it wishes to commission. Methods of selection include one (1) of the following:
(1)
Limited competition: The Culture Commission invites artists and designers to submit proposals. This method may be appropriate where there are time constraints or for unique applications or where there is a very limited population of practitioners.
(2)
Open competition: Any artist may apply, subject to qualifications and limitations established by the Culture Commission.
(b)
Criteria for Selection of Artists or Designers. Regardless of the method employed for selecting the artist or designer, the Culture Commission shall use the following criteria when choosing an artist or designer for a proposed Art Project:
(1)
The artist or designer's qualifications as demonstrated by past work;
(2)
Appropriateness of the artist or designer's proposal to the particular project;
(3)
The artist or designer's probability of successful completion; and
(4)
Any specific criteria recommended by the Art Director for the particular Art Project proposed.
Selection of artists and designers will be without regard to race, color, creed, national origin, sexual orientation, or gender.
(c)
Criteria for Selecting Art Works. The Culture Commission shall select art works based on the following criteria:
(1)
Quality: Of highest priority are design capabilities of the artist/designer and the inherent quality of the art work(s).
(2)
Media: All visual art forms may be considered, subject to limitations set by the Culture Commission.
(3)
Style: Art works of all schools, styles, and tastes should be considered for the City collection.
(4)
Nature and Context: Art works should be appropriate in scale, material, form, and content for the immediate, general, social, and physical environments with which they are to relate.
(5)
Permanence: Consideration should be given to structural and surface integrity, permanence, and protection against theft, vandalism, weathering, excessive maintenance, and repair costs.
(6)
Elements of Design: Consideration should take into account that public art, in addition to meeting aesthetic requirements, also may serve to establish focal points; modify, enhance, or define specific spaces; or establish identity.
(7)
Public Liability: Art works should be examined for unsafe conditions or factors that may bear on public liability, including constitutional limitations on the content of the Art Project.
(8)
No Selection of Art Project with a Disruptive Impact: It should be noted that the City is not creating a public forum by designating a site appropriate for the Art Project, so the Culture Commission may decline to select a work of art that it reasonably believes may provoke disturbance and offend workers and visitors including parents and children (e.g., display of sculpture of genitalia). (See e.g. Swim v. City of Austin, 105 F.3d. 655 (1996).) The Culture Commission's choice to reject such a submission for display shall be based on the potential impact of the disruptive effect of displaying the art and not because the Culture Commission disagrees with the artist's viewpoint or the message communicated by the work of art.
(9)
Diversity: Art Projects in Modesto should reflect diversity of style, scale, media, and artists— including ethnicity and gender— and equitable distribution of art works throughout the City.
(10)
Artist or designer work style: In general, artists or designers who have experience working successfully on design teams and working with the public are preferred.
(d)
Criteria for Site Selection. If a specific site for display of an Art Project has not been predetermined by the proposal for an Art Project, the Culture Commission will review publically accessible City-owned sites for suitability, and shall select the City-owned property best suited to display the proposed Art Project. Criteria that would make a site "suitable" shall include the following:
(1)
The public's ability to view the art;
(2)
The site's size, location, color, and other characteristics which make it appropriate for the Art Project's scale, size, color, materials used, etc.;
(3)
Ease of access to art work for maintenance;
(4)
The location is the type that would allow for security measures to be implemented, if necessary, to minimize the likelihood of vandalism and/or the addition of the Art Project to the location would not increase the likelihood of vandalism to the Art Project or other City property;
(5)
Display of art at the site will not disrupt employees or the public;
(6)
Display of art at the site will not permanently damage City property; and
(7)
Display of art at the site will not pose a threat to public safety.
(Ord. No. 3617-C.S., § 1, effective 6-12-15)