§ 1357. Article VII; Activities of the Interstate Commission
(a) The Interstate Commission shall meet and take such actions as are consistent with
the provisions of this compact. Except as otherwise provided in this compact and unless
a greater percentage is required by the bylaws, in order to constitute an act of the
Interstate Commission, such act shall have been taken at a meeting of the Interstate
Commission and shall have received an affirmative vote of a majority of the members
present.
(b) Each member of the Interstate Commission shall have the right and power to cast a
vote to which that compacting state is entitled and to participate in the business
and affairs of the Interstate Commission. A member shall vote in person on behalf
of the state and shall not delegate a vote to another member state. However, a state
council shall appoint another authorized representative, in the absence of the commissioner
from that state, to cast a vote on behalf of the member state at a specified meeting.
The bylaws may provide for members’ participation in meetings by telephone or other
means of telecommunication or electronic communication. Any voting conducted by telephone,
or other means of telecommunication or electronic communication, shall be subject
to the same quorum requirements of meetings where members are present in person.
(c) The Interstate Commission shall meet at least once during each calendar year. The
chair of the Interstate Commission may call additional meetings at any time and, upon
the request of a majority of the members, shall call additional meetings.
(d) The Interstate Commission’s bylaws shall establish conditions and procedures under
which the Interstate Commission shall make its information and official records available
to the public for inspection or copying. The Interstate Commission may exempt from
disclosure any information or official records to the extent they would adversely
affect personal privacy rights or proprietary interests. In promulgating such rules,
the Interstate Commission may make available to law enforcement agencies records and
information otherwise exempt from disclosure, and may enter into agreements with law
enforcement agencies to receive or exchange information or records subject to nondisclosure
and confidentiality provisions.
(e) Public notice shall be given of all meetings, and all meetings shall be open to the
public, except as set forth in the rules or as otherwise provided in the compact.
The Interstate Commission shall promulgate rules consistent with the principles contained
in the United States government in Sunshine Act, 5 U.S.C. Section 552(b), as may be amended. The Interstate Commission and any of its committees may close
a meeting to the public where it determines by two-thirds vote that an open meeting
would be likely to:
(1) relate solely to the Interstate Commission’s internal personnel practices and procedures;
(2) disclose matters specifically exempted from disclosure by statute;
(3) disclose trade secrets or commercial or financial information which is privileged
or confidential;
(4) involve accusing any person of a crime, or formally censuring any person;
(5) disclose information of a personal nature where disclosure would constitute a clearly
unwarranted invasion of personal privacy;
(6) disclose investigatory records compiled for law enforcement purposes;
(7) disclose information contained in or related to examination, operating or condition
reports prepared by, or on behalf of or for the use of, the Interstate Commission
with respect to a regulated entity for the purpose of regulation or supervision of
such entity;
(8) disclose information, the premature disclosure of which would significantly endanger
the life of a person or the stability of a regulated entity;
(9) specifically relate to the Interstate Commission’s issuance of a subpoena, or its
participation in a civil action or proceeding.
(f) For every meeting closed pursuant to this provision, the Interstate Commission’s chief
legal officer shall publicly certify that, in his or her opinion, the meeting may
be closed to the public, and shall reference each relevant exemptive provision. The
Interstate Commission shall keep minutes which shall fully and clearly describe all
matters discussed in any meeting, and shall provide a full and accurate summary of
any actions taken, and the reasons therefor, including a description of each of the
views expressed on any item and the record of any roll call vote reflected in the
vote of each member on the question. All documents considered in connection with any
action shall be identified in such minutes.
(g) The Interstate Commission shall collect standardized data concerning the interstate
movement of offenders as directed through its bylaws and rules which shall specify
the data to be collected, the means of collection and data exchange and reporting
requirements. (Added 1999, No. 90 (Adj. Sess.), § 3, eff. April 27, 2000.)