§ 20-38-3-11 — Organization and operation of commission

ARTICLE XI. ORGANIZATION AND
OPERATION OF THE INTERSTATE COMMISSION
A. The interstate commission shall, by a majority of members
present and voting, within twelve (12) months after the first interstate
commission meeting, adopt bylaws to govern its conduct and carry out
the purposes of this compact, including the following:
1. Establishing the fiscal year of the interstate commission.
2. Establishing an executive committee and other necessary
committees.
3. Providing for the establishment of committees and for
governing any delegation of 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 meeting.
5. Establishing the titles and responsibilities of the officers and
staff of the interstate commission.
6. Providing a mechanism for concluding the operations of the
interstate commission and the return of surplus funds existing
upon the termination of the compact after the payment and
reserving of all the debts and obligations of the interstate
commission.
7. Providing "start up" rules for initial administration of this
compact.
B. The interstate commission shall, by a majority of members, elect
annually from its members a chairperson, a vice chairperson, and a
treasurer, each of whom has the authority and duties specified in the
bylaws. The chairperson or vice chairperson, as applicable, shall
preside at all meetings of the interstate commission. The elected
officers shall serve without compensation or remuneration from the
interstate commission. However, subject to the availability of budgeted
funds, the officers shall be reimbursed for ordinary and necessary costs
and expenses incurred in the performance of their responsibilities as
officers of the interstate commission.
C. Executive Committee, Officers, and Personnel
1. The executive committee has the authority and duties set forth
in the bylaws, including:
a. managing the affairs of the interstate commission in a manner
consistent with the bylaws and purposes of the interstate
commission;
b. overseeing an organizational structure within, and
appropriate procedures for, the interstate commission to provide
for the creation of rules, operating procedures, and
administrative and technical support functions; and
c. planning, implementing, and coordinating communications
and activities with other state, federal, and local government
organizations to advance the goals of the interstate commission.
2. The executive committee may, subject to the approval of the
interstate commission, appoint or retain an executive director for
a period, upon such terms and conditions, and for such
compensation as the interstate commission may consider
appropriate. The executive director shall serve as secretary to the
interstate commission but is not a member of the interstate
commission. The executive director shall hire and supervise other
persons authorized by the interstate commission.
D. The interstate commission's executive director and interstate
commission employees are immune from suit and liability, personally
or in their official capacities, for a claim for damage to or loss of
property or personal injury or other civil liability caused or arising out
of or relating to an actual or alleged act, error, or omission that
occurred, or that such a person had a reasonable basis for believing
occurred, within the scope of interstate commission employment,
duties, or responsibilities. However, a person is not protected from suit
or liability for damage, loss, injury, or liability caused by the intentional
or willful and wanton misconduct of the person.
1. The liability of the interstate commission's executive director,
an employee, or a representative, acting within the scope of the
person's employment or duties for acts, errors, or omissions
occurring within the person's state may not exceed the limits of
liability set forth under the Constitution and laws of that state for
state officials, employees, and agents. The interstate commission
is an instrumentality of the states for purposes of such an action.
This subsection shall be construed to protect such person from
suit or liability for damage, loss, injury, or liability caused by the
intentional or willful and wanton misconduct of the person.
2. The interstate commission shall defend the executive director
and its employees and, subject to the approval of the attorney
general or other appropriate legal counsel of a member state
represented by an interstate commission representative, shall
defend the interstate commission representative in a civil action
seeking to impose liability arising out of an actual or alleged act,
error, or omission that occurred within the scope of interstate
commission employment, duties or responsibilities, or that the
defendant reasonably believed 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 or willful and wanton misconduct on the
part of the defendant.
3. To the extent not covered by the state involved, a member state,
the interstate commission, and the representatives and employees
of the interstate commission are held harmless in the amount of
a settlement or judgment, including attorney's fees and costs,
obtained against persons arising out of an actual or alleged act,
error, or omission that occurred within the scope of interstate
commission employment, duties, or responsibilities, or that the
persons reasonably believed 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 or willful and wanton misconduct on the
part of the persons.

Legislative History

As added by P.L.21-2009, SEC.1.