§ 8227 — Establishment of the Interstate Teacher Mobility Compact Commission

(a) The interstate Compact member states hereby create and establish a joint public agency known as the Interstate Teacher Mobility Compact Commission:

(1) The Commission is a joint interstate governmental agency comprised of states that have enacted the Interstate Teacher Mobility Compact.

(2) Nothing in this interstate Compact shall be construed to be a waiver of sovereign immunity.

(b)Membership, voting, and meetings.— (1) Each member state shall have and be limited to 1 delegate to the Commission, who shall be given the title of Commissioner.

(2) The Commissioner shall be the primary administrative officer of the state licensing authority or their designee.

(3) Any Commissioner may be removed or suspended from office as provided by the law of the state from which the Commissioner is appointed.

(4) The member state shall fill any vacancy occurring in the Commission within 90 days.

(5) Each Commissioner shall be entitled to 1 vote about the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission. A Commissioner shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for Commissioners’ participation in meetings by telephone or other means of communication.

(6) The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.

(7) The Commission shall establish by rule a term of office for Commissioners.

(c) The Commission shall have the following powers and duties:

(1) Establish a Code of Ethics for the Commission.

(2) Establish the fiscal year of the Commission.

(3) Establish bylaws for the Commission.

(4) Maintain its financial records in accordance with the bylaws of the Commission.

(5) Meet and take such actions as are consistent with the provisions of this interstate Compact, the bylaws, and rules of the Commission.

(6) Promulgate uniform rules to implement and administer this interstate Compact. The rules shall have the force and effect of law and shall be binding in all member states. In the event the Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the Compact, or the powers granted hereunder, then such an action by the Commission shall be invalid and have no force and effect of law.

(7) Bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any member state licensing authority to sue or be sued under applicable law shall not be affected.

(8) Purchase and maintain insurance and bonds.

(9) Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state, or an associated nongovernmental organization that is open to membership by all states.

(10) Hire employees, elect, or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and establish the Commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters.

(11) Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve, or use, any property, real, personal or mixed, provided that at all times the Commission shall avoid any appearance of impropriety.

(12) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed.

(13) Establish a budget and make expenditures.

(14) Borrow money.

(15) Appoint committees, including standing committees composed of members and such other interested persons as may be designated in this interstate Compact, rules, or bylaws.

(16) Provide and receive information from, and cooperate with, law enforcement agencies.

(17) Establish and elect an Executive Committee.

(18) Establish and develop a charter for an Executive Information Governance Committee to advise on facilitating exchange of information; use of information, data privacy, and technical support needs, and provide reports as needed.

(19) Perform such other functions as may be necessary or appropriate to achieve the purposes of this interstate Compact consistent with the state regulation of teacher licensure.

(20) Determine whether a state’s adopted language is materially different from the model compact language such that the state would not qualify for participation in the Compact.

(d)The Executive Committee of the Interstate Teacher Mobility Compact Commission.— (1) The Executive Committee shall have the power to act on behalf of the Commission according to the terms of this interstate Compact.

(2) The Executive Committee shall be composed of 8 voting members:

a. The Commission chair, vice chair, and treasurer.

b. Five members who are elected by the Commission from the current membership:

1. Four voting members representing geographic regions in accordance with Commission rules.

2. One at large voting member in accordance with Commission rules.

(3) The Commission may add or remove members of the Executive Committee as provided in Commission rules.

(4) The Executive Committee shall meet at least once annually.

(5) The Executive Committee shall have the following duties and responsibilities:

a. Recommend to the entire Commission changes to the rules or bylaws, changes to the Compact legislation, fees paid by interstate Compact member states such as annual dues, and any Compact fee charged by the member states on behalf of the Commission.

b. Ensure Commission administration services are appropriately provided, contractual or otherwise.

c. Prepare and recommend the budget.

d. Maintain financial records on behalf of the Commission.

e. Monitor compliance of member states and provide reports to the Commission.

f. Perform other duties as provided in rules or bylaws.

(6)Meetings of the Commission.— a. All meetings shall be open to the public, and public notice of meetings shall be given in accordance with Commission bylaws.

b. The Commission or the Executive Committee or other committees of the Commission may convene in a closed, nonpublic meeting if the Commission or Executive Committee or other committees of the Commission must discuss:

1. Noncompliance of a member state with its obligations under the Compact.

2. The employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the Commission’s internal personnel practices and procedures.

3. Current, threatened, or reasonably anticipated litigation.

4. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate.

5. Accusing any person of a crime or formally censuring any person.

6. Disclosure of trade secrets or commercial or financial information that is privileged or confidential.

7. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.

8. Disclosure of investigative records compiled for law enforcement purposes.

9. Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact.

10. Matters specifically exempted from disclosure by federal or member state statute.

11. Others matters as set forth by Commission bylaws and rules.

c. If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.

d. The Commission shall keep minutes of Commission meetings and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.

(7)Financing of the Commission.— a. The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.

b. The Commission may accept all appropriate donations and grants of money, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same, provided that at all times the Commission shall avoid any appearance of impropriety or conflict of interest.

c. The Commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the Commission, in accordance with the Commission rules.

d. The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the member states, except by and with the authority of the member state.

e. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to accounting procedures established under Commission bylaws. All receipts and disbursements of funds of the Commission shall be reviewed annually in accordance with Commission bylaws, and a report of the review shall be included in and become part of the annual report of the Commission.

(8)Qualified immunity, defense, and indemnification.— a. The members, officers, executive director, employees and representatives of the 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 by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or wilful or wanton misconduct of that person.

b. The Commission shall defend any member, officer, executive director, employee, or representative of the Commission 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 Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining said person’s own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person’s intentional or wilful or wanton misconduct.

c. The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or wilful or wanton misconduct of that person.

Legislative History

84 Del. Laws, c. 395, § 1 ; 84 Del. Laws, c. 42, § 1