§ 3311 — Organization and operation of the interstate commission

§ 3311. Organization and operation of the interstate commission. 1.\nThe interstate commission shall, by a majority of the members present\nand voting, within twelve months after the first interstate commission\nmeeting, adopt bylaws to govern its conduct as may be necessary or\nappropriate to carry out the purposes of the compact, including, but not\nlimited to:\n (a) Establishing the fiscal year of the interstate commission;\n (b) Establishing an executive committee, and such other committees as\nmay be necessary;\n (c) Providing for the establishment of committees and for governing\nany general or specific delegation of authority or function of the\ninterstate commission;\n (d) Providing reasonable procedures for calling and conducting\nmeetings of the interstate commission, and ensuring reasonable notice of\neach such meeting;\n (e) Establishing the titles and responsibilities of the officers and\nstaff of the interstate commission;\n (f) Providing a mechanism for concluding the operations of the\ninterstate commission and the return of surplus funds that may exist\nupon the termination of the compact after the payment and reserving of\nall of its debts and obligations; and\n (g) Providing "start up" rules for initial administration of the\ncompact.\n 2. The interstate commission shall, by a majority of the members,\nelect annually from among its members a chairperson, a vice-chairperson,\nand a treasurer, each of whom shall have such authority and duties as\nmay be specified in the bylaws. The chairperson or, in the chairperson's\nabsence or disability, the vice-chairperson, shall preside at all\nmeetings of the interstate commission. The officers so elected shall\nserve without compensation or remuneration from the interstate\ncommission; provided that, subject to the availability of budgeted\nfunds, the officers shall be reimbursed for ordinary and necessary costs\nand expenses incurred by them in the performance of their\nresponsibilities as officers of the interstate commission.\n 3. (a) The executive committee shall have such authority and duties as\nmay be set forth in the bylaws, including but not limited to:\n (i) Managing the affairs of the interstate commission in a manner\nconsistent with the bylaws and purposes of the interstate commission;\n (ii) Overseeing an organizational structure within, and appropriate\nprocedures for the interstate commission to provide for the creation of\nrules, operating procedures, and administrative and technical support\nfunctions; and\n (iii) Planning, implementing, and coordinating communications and\nactivities with other state, federal and local government organizations\nin order to advance the goals of the interstate commission.\n (b) The executive committee may, subject to the approval of the\ninterstate commission, appoint or retain an executive director for such\nperiod, upon such terms and conditions and for such compensation, as the\ninterstate commission may deem appropriate. The executive director shall\nserve as secretary to the interstate commission, but shall not be a\nmember of the interstate commission. The executive director shall hire\nand supervise such other persons as may be authorized by the interstate\ncommission.\n 4. The interstate commission's executive director and its employees\nshall be immune from suit and liability, either personally or in their\nofficial capacity, for a claim for damage to or loss of property or\npersonal injury or other civil liability caused or arising out of or\nrelating to an actual or alleged act, error, or omission that occurred,\nor that such person had a reasonable basis for believing occurred,\nwithin the scope of interstate commission employment, duties, or\nresponsibilities; provided, that such person shall not be protected from\nsuit or liability for damage, loss, injury, or liability caused by the\nintentional or willful and wanton misconduct of such person.\n (a) The liability of the interstate commission's executive director\nand employees or interstate commission representatives, acting within\nthe scope of such person's employment or duties for acts, errors, or\nomissions occurring within such person's state may not exceed the limits\nof liability set forth under the constitution and laws of that state for\nstate officials, employees, and agents. The interstate commission is\nconsidered to be an instrumentality of the states for the purposes of\nany such action. Nothing in this section shall be construed to protect\nsuch person from suit or liability for damage, loss, injury, or\nliability caused by the intentional or willful and wanton misconduct of\nsuch person.\n (b) The interstate commission shall defend the executive director and\nits employees and, subject to the approval of the attorney general or\nother appropriate legal counsel of the member state represented by an\ninterstate commission representative, shall defend such interstate\ncommission representative in any civil action seeking to impose\nliability arising out of an actual or alleged act, error or omission\nthat occurred within the scope of interstate commission employment,\nduties or responsibilities, or that the defendant had a reasonable basis\nfor believing occurred within the scope of interstate commission\nemployment, duties, or responsibilities, provided that the actual or\nalleged act, error, or omission did not result from intentional or\nwillful and wanton misconduct on the part of such person.\n (c) To the extent not covered by the state involved, member state, or\nthe interstate commission, the representatives or employees of the\ninterstate commission shall be held harmless in the amount of a\nsettlement or judgment, including attorney's fees and costs, obtained\nagainst such persons arising out of an actual or alleged act, error, or\nomission that occurred within the scope of interstate commission\nemployment, duties, or responsibilities, or that such persons had a\nreasonable basis for believing occurred within the scope of interstate\ncommission employment, duties, or responsibilities, provided that the\nactual or alleged act, error, or omission did not result from\nintentional or willful and wanton misconduct on the part of such\npersons.\n