§ 1356. Article VI; Organization and operation of the Interstate Commission
(a) Bylaws. The Interstate Commission shall, by a majority of the members, within 12 months of
the first Interstate Commission meeting, adopt bylaws to govern its conduct as may
be necessary or appropriate to carry out the purposes of this compact, including,
but not limited to:
(1) establishing the fiscal year of the Interstate Commission;
(2) establishing an executive committee and such other committees as may be necessary;
(3) providing reasonable standards and procedures:
(A) for the establishment of committees; and
(B) governing any general or specific delegation of any authority or function of the Interstate
Commission;
(4) providing reasonable procedures for calling and conducting meetings of the Interstate
Commission, and ensuring reasonable notice of each such meeting;
(5) establishing the titles and responsibilities of the officers of the Interstate Commission;
(6) providing reasonable standards and procedures for the establishment of the personnel
policies and programs of the Interstate Commission; which notwithstanding any civil
service or other similar laws of any compacting state, the bylaws shall exclusively
govern the personnel policies and programs of the Interstate Commission;
(7) providing a mechanism for terminating the operations of the Interstate Commission
and the equitable return of any surplus funds that may exist upon the termination
of the compact after the payment or reserving of all of its debts and obligations;
(8) providing transition rules for start up administration of the compact;
(9) establishing standards and procedures for compliance and technical assistance in carrying
out the compact.
(b) Officers and staff.
(1) The Interstate Commission shall, by a majority of the members, elect from among its
members a chair and a vice chair, each of whom shall have such authorities and duties
as may be specified in the bylaws. The chair or, in his or her absence or disability,
the vice chair, shall preside at all meetings of the Interstate Commission. The officers
so elected shall serve without compensation or remuneration from the Interstate Commission,
provided that, subject to the availability of budgeted funds, the officers shall be
reimbursed for any actual and necessary costs and expenses incurred by them in the
performance of their duties and responsibilities as officers of the Interstate Commission.
(2) The Interstate Commission shall, through its executive committee, appoint or retain
an executive director for such period, upon such terms and conditions and for such
compensation as the Interstate Commission may deem appropriate. The executive director
shall serve as secretary to the Interstate Commission, and hire and supervise such
other staff as may be authorized by the Interstate Commission, but shall not be a
member.
(c) Corporate records of the Interstate Commission. The Interstate Commission shall maintain its corporate books and records in accordance
with the bylaws.
(d) Qualified immunity; defense and indemnification. The members, officers, executive director and employees of the Interstate Commission
shall be immune from suit and liability, either personally or in their official capacity,
for any claim for damage to or loss of property or personal injury or other civil
liability caused or arising out of any actual or alleged act, error, or omission that
occurred within the scope of Interstate Commission employment, duties, or responsibilities,
provided that nothing in this subsection shall be construed to protect any such person
from suit or liability for any damage, loss, injury, or liability caused by the intentional
or willful and wanton misconduct of any such person. The Interstate Commission shall
defend the commissioner of a compacting state, or his or her representatives or employees,
or the Interstate Commission’s representatives or employees, in any civil action seeking
to impose liability, arising out of any actual or alleged act, error, or omission
that occurred within the scope of Interstate Commission employment, duties, or responsibilities,
or that the defendant had a reasonable basis for believing occurred within the scope
of Interstate Commission employment, duties, or responsibilities, provided that the
actual or alleged act, error, or omission did not result from intentional wrongdoing
on the part of such person. The Interstate Commission shall indemnify and hold the
commissioner of a compacting state, the appointed designee or employees, or the Interstate
Commission’s representatives or employees, harmless in the amount of any settlement
or judgement obtained against such persons arising out of any actual or alleged act,
error, or omission that occurred within the scope of Interstate Commission employment,
duties, or responsibilities, or that such persons had a reasonable basis for believing
occurred within the scope of Interstate Commission employment, duties, or responsibilities,
provided that the actual or alleged act, error, or omission did not result from gross
negligence or intentional wrongdoing on the part of such person. (Added 1999, No. 90 (Adj. Sess.), § 3, eff. April 27, 2000.)