§1139. Establishment of Counseling Compact Commission
A.(1) The compact member states hereby create and establish a joint public agency
known as the Counseling Compact Commission.
(2) The commission is an instrumentality of the compact states.
(3) Venue is proper and judicial proceedings by or against the commission shall be
brought solely and exclusively in a court of competent jurisdiction where the principal office
of the commission is located. The commission may waive venue and jurisdictional defenses
to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
(4) Nothing in this Section shall be construed to be a waiver of sovereign immunity.
B. All of the following provisions shall apply to the membership, voting, and
meeting of the commission:
(1) Each member state shall have and be limited to one delegate selected by that
member state's licensing board.
(2) The delegate shall be a current member of the licensing board or the board
administrator.
(3) Any delegate may be removed or suspended from office as provided by the laws
of the state from which the delegate is appointed.
(4) The member state licensing board shall fill any vacancy occurring on the
commission within sixty days.
(5) Each delegate shall be entitled to one vote with regard to the promulgation of
rules and creation of bylaws and shall otherwise have an opportunity to participate in the
business and affairs of the commission.
(6) A delegate shall vote in person or by such other means as provided in the bylaws.
The bylaws may provide for delegates' participation in meetings by telephone or other means
of communication.
(7) The commission shall meet at least once during each calendar year. Additional
meetings shall be held as set forth in the bylaws.
(8) The commission shall by rule establish a term of office for delegates and may by
rule establish term limits.
C. The commission shall have power to carry out all of the following duties:
(1) Establish the fiscal year of the commission.
(2) Establish bylaws.
(3) Maintain its financial records in accordance with the bylaws.
(4) Meet and take such actions as are consistent with the provisions of this compact
and the bylaws.
(5) Promulgate rules which shall be binding to the extent and in the manner provided
for in the compact.
(6) Bring and prosecute legal proceedings or actions in the name of the commission,
provided that the standing of any state counselor licensing board to sue or be sued under
applicable law shall not be affected.
(7) Purchase and maintain insurance and bonds.
(8) Borrow, accept, or contract for services of personnel including but not limited
to employees of a member state.
(9) Hire employees, elect or appoint officers, fix compensation, define duties, grant
such individuals appropriate authority to carry out the purposes of the compact, and to
establish the commission's personnel policies and programs relating to conflicts of interest,
qualifications of personnel, and other related personnel matters.
(10) Accept any and all appropriate donations and grants of money, equipment,
supplies, materials, and services, and to receive, utilize, and dispose of the same; provided
that at all times the commission shall avoid any appearance of impropriety or conflict of
interest.
(11) Lease, purchase, accept appropriate gifts or donations of, or otherwise to 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,
state regulators, state legislators or their representatives, and consumer representatives, and
such other interested persons as may be designated in this compact and the bylaws.
(16) Provide and receive information from, and cooperate with, law enforcement
agencies.
(17) Establish and elect an executive committee.
(18) Perform such other functions as may be necessary or appropriate to achieve the
purposes of this compact consistent with the state regulation of professional counseling
licensure and practice.
D. The executive committee shall have the power to act on behalf of the commission
according to the terms of this Section, including all of the following terms:
(1)(a) The executive committee shall be composed of up to eleven members.
(b) Seven voting members shall be elected by the commission from the current
membership of the commission.
(c) Up to four ex-officio, nonvoting members shall be from four recognized national
professional counselor organizations.
(d) The ex-officio members will be selected by their respective organizations.
(2) The commission may remove any member of the executive committee as
provided in bylaws.
(3) The executive committee shall meet at least annually.
(4) The executive committee shall have the following duties and responsibilities:
(a) Recommend to the entire commission changes to the rules or bylaws, changes to
this compact legislation, fees paid by compact member states such as annual dues, and any
commission compact fee charged to licensees for the privilege to practice.
(b) Ensure compact 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 compact compliance of member states and provide compliance reports
to the commission.
(f) Establish additional committees as necessary.
(g) Other duties, as provided in rules or bylaws.
(5) Meetings of the commission.
(a) All meetings shall be open to the public, and public notice of meetings shall be
given in the same manner as required under the rulemaking provisions in R.S. 37:1141.
(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 discuss any of the following:
(i) Noncompliance of a member state with its obligations under the compact.
(ii) 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.
(iii) Current, threatened, or reasonably anticipated litigation.
(iv) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real
estate.
(v) Accusations against any person of a crime or formally censuring any person.
(vi) Disclosure of trade secrets or commercial or financial information that is
privileged or confidential.
(vii) Disclosure of information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy.
(viii) Disclosure of investigative records compiled for law enforcement purposes.
(ix) 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 this Section.
(x) Matters specifically exempted from disclosure by federal or member state statute.
(c) If a meeting, or portion of a meeting, is closed pursuant to this Paragraph, 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 that fully and clearly describe all matters
discussed in a meeting and shall provide a full and accurate summary of actions taken, and
the reasons therefor, 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.
(6) 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 any and all appropriate revenue sources, donations,
and grants of money, equipment, supplies, materials, and services.
(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 and its staff, which shall be in a total amount sufficient to cover its annual
budget as approved each year for which revenue is not provided by other sources. The
aggregate annual assessment amount shall be allocated based upon a formula to be
determined by the commission, which shall promulgate a rule binding upon all member
states.
(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 the audit and
accounting procedures established under its bylaws. However, all receipts and disbursements
of funds handled by the commission shall be audited yearly by a certified or licensed public
accountant, and the report of the audit shall be included in and become part of the annual
report of the commission.
(7) All of the following provisions relating to qualified immunity, defense, and
indemnification shall apply to the commission:
(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 Subparagraph shall be construed to protect any such person from suit or
liability for any damage, loss, injury, or liability caused by the intentional, willful, 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 in this Subparagraph shall be construed to
prohibit that person from retaining his own counsel; and provided further that the actual or
alleged act, error, or omission did not result from that person's intentional, willful, 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, willful, or wanton
misconduct of that person.