California State Military Museum Fighting for Its Survival

California State Government Attempting Takeover of Private Weapons Collection

For over 43 years the State Military Museum in Old Sacramento has been operated by a non-profit foundation.  During this period, the Museum has served thousands of visitors with numerous displays honoring California’s rich Military history.  The Museum Foundation has continually upgraded the displays and exhibits, added a Wall of Honor commemorating all those from California who have given the ultimate sacrifice in the Global War on Terrorism, and preserved the legacy of California’s rich military history.

During the past 18 months the California State Military Department (which controls the National Guard and other entities), under the direction of its Adjutant General, Major General David Baldwin, has been making a determined effort to discredit the Foundation and assume control over the Museum and all its artifacts.  They have directly violated a signed Memorandum of Agreement between the two parties and are misrepresenting California’s Military and Veterans Code, Section 179, for their own purposes. In July 2013, the Military Department sent 3 State employees to the Foundation’s storage facility (which is a Federal Building) and cut the locks, seizing control of the facility and its contents, including property belonging to the Foundation and to the Federal Government. They have filed a lawsuit against the Foundation claiming poor management, lack of accountability, loss of property, and posing a threat to public safety.

The Military Department is proposing to amend approved legislation under which the Museum is granted $100,000 from the General Fund.  These funds cover less than 25% of the Museum’s annual budget.  These funds were created as a “pass through” for the Military Department directly to the Museum Foundation. The Department, however, wants the funding to come directly to them so they can maintain total control over the Foundation via control of the funds.

Thousands of California veterans, their families, and California citizens have donated military artifacts and/or funds to the Museum Foundation over the past 43 years. Many were given tax deductible credit for artifacts or donations because the Museum Foundation is a non-profit 501(C) (3) tax-free status entity and, as such, can accept the items and grant tax credit.  In this lawsuit, the Military Department is claiming all of the items donated are now “State property”, thereby negating the original intent of the donor and nullifying the tax deduction citizens claimed.

In fact, the Museum Foundation was specifically created to make sure that the Military Department would never attempt to take ownership of the donated items and takeover the museum operation. The Adjutant General, who is appointed by the Governor and is, therefore, a political appointee, runs the Military Department. The Museum Foundation was created to avoid any such action each time the Department leadership changes.

In addition, as part of their signed agreement, the Military Department is to reimburse the Foundation for some of the operating costs in order to keep the Museum open. On September 11, 2002, Governor Davis made it the  permanent California State Military Museum with the California Military Department, providing its ongoing funding.  As a result of the current disagreement, however, the Military Department has cut off all of the funds that they previously agreed, in writing, to provide. 

As a result, California’s State Military Museum has had to close its doors and lay off its employees.  The Museum is not just a “National Guard Museum” but represents all branches of the Armed Forces who have been affiliated with the State in some manner.

Part of the lawsuit also alleges that the Foundation has lost and mismanaged firearms and other weapons over the years,.  There is no evidence to support these allegations. During the same period, however, the California Military Department has had numerous weapons lost and/or stolen. In fact, the loss of two fully automatic weapons from a Guard unit was just reported on Friday, March 21, 2014 in the Sacramento Bee and on Channel 13 News. 

The Military Department allegations against the Museum Foundation are totally without merit and constitute a malicious abuse of the judicial process. This lawsuit is  predatory in nature and designed to put the Foundation out of business.  In the first two court hearings regarding this lawsuit, the court has ruled in favor of the Foundation. 

It is time the public be made aware of the actions taken by the Military Department as directed by The Adjutant General, Major General David Baldwin, and the resulting forced closure of the California State Military Museum.  This is only hurting the preservation of the military history and heritage of California and the honoring of our veterans and their families.