§ 16-92-12. Organization and operation of the interstate commission.
(a) The interstate commission shall, by a majority of the members present and voting,
within twelve (12) months after the first interstate commission meeting, adopt bylaws
to govern its conduct as may be necessary or appropriate to carry out the purposes
of the compact, including, but not limited to:
(1) Establishing the fiscal year of the interstate commission;
(2) Establishing an executive committee, and such other committees as may be necessary;
(3) Providing for the establishment of committees and for governing any general or specific
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 such 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 that may exist upon the termination of the compact after
the payment and reserving of all of its debts and obligations;
(7) Providing "start up� rules for initial administration of the compact.
(b) The interstate commission shall, by a majority of the members, elect annually from
among its members a chairperson, a vice-chairperson, and a treasurer, each of whom
shall have such authority and duties as may be specified in the bylaws. The chairperson
or, in the chairperson's absence or disability, the vice-chairperson, shall preside
at all meetings of the interstate commission. The officers so elected shall serve
without compensation or remuneration from the interstate commission; provided that,
subject to the availability of budgeted funds, the officers shall be reimbursed for
ordinary and necessary costs and expenses incurred by them in the performance of their
responsibilities as officers of the interstate commission.
(c) Executive committee, officers and personnel:
(1) The executive committee shall have such authority and duties as may be set forth in
the bylaws, including but not limited to:
(i) Managing the affairs of the interstate commission in a manner consistent with the
bylaws and purposes of the interstate commission;
(ii) 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
(iii) Planning, implementing, and coordinating communications and activities with other
state, federal and local government organizations in order 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 such period, upon such terms and conditions
and for such compensation, as the interstate commission may deem appropriate. The
executive director shall serve as secretary to the interstate commission, but shall
not be a member of the interstate commission. The executive director shall hire and
supervise such other persons as may be authorized by the interstate commission.
(d) The interstate commission's executive director and its employees shall be immune from
suit and liability, either personally or in their official capacity, 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 person had a reasonable basis for believing occurred, within the scope
of interstate commission employment, duties, or responsibilities; provided, that such
person shall not be protected from suit or liability for damage, loss, injury, or
liability caused by the intentional or willful and wanton misconduct of such person.
(1) The liability of the interstate commission's executive director and employees or interstate
commission representatives, acting within the scope of such person's employment or
duties for acts, errors, or omissions occurring within such 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 considered
to be an instrumentality of the states for the purposes of any such action. Nothing
in 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 such 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 the member state represented by an interstate commission representative, shall
defend such interstate commission representative in any 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 had a reasonable basis for believing 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 such person.
(3) To the extent not covered by the state involved, member state, or the interstate commission,
the representatives or employees of the interstate commission shall be held harmless
in the amount of a settlement or judgment, including attorney's fees and costs, obtained
against such 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 such persons had a reasonable basis for believing 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 such persons.