(b)The members of the commission shall be entitled to one
(1)vote each on the commission. No action of the commission
shall be binding unless taken at a meeting at which a majority
of the total number of votes on the commission are cast in favor
thereof. Action of the commission shall be only at meetings at
which a majority of the commissioners are present. The
commission shall meet at least once a year. In its bylaws, and
subject to such directions and limitations as may be contained
therein, the commission may delegate the exercise of any of its
powers to the steering committee or the executive director,
except for the power to approve budgets or requests for
appropriations, the power to make policy recommendations
pursuant to article IV and adoption of the annual report
pursuant to su
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(b) The members of the commission shall be entitled to one
(1) vote each on the commission. No action of the commission
shall be binding unless taken at a meeting at which a majority
of the total number of votes on the commission are cast in favor
thereof. Action of the commission shall be only at meetings at
which a majority of the commissioners are present. The
commission shall meet at least once a year. In its bylaws, and
subject to such directions and limitations as may be contained
therein, the commission may delegate the exercise of any of its
powers to the steering committee or the executive director,
except for the power to approve budgets or requests for
appropriations, the power to make policy recommendations
pursuant to article IV and adoption of the annual report
pursuant to subsection (k) of this article.
(c) The commission shall have a seal.
(d) The commission shall elect annually, from among its
members, a chairman, who shall be a governor, a vice-chairman
and a treasurer. The commission shall provide for the
appointment of an executive director. Such executive director
shall serve at the pleasure of the commission, and together with
the treasurer and such other personnel as the commission may
deem appropriate shall be bonded in such amount as the
commission shall determine. The executive director shall be
secretary.
(e) Irrespective of the civil service, personnel or other
merit system laws of any of the party states, the executive
director subject to the approval of the steering committee shall
appoint, remove or discharge such personnel as may be necessary
for the performance of the functions of the commission, and
shall fix the duties and compensation of such personnel. The
commission in its bylaws shall provide for the personnel
policies and programs of the commission.
(f) The commission may borrow, accept or contract for the
services of personnel from any party jurisdiction, the United
States, or any subdivision or agency of the aforementioned
governments, or from any agency of two (2) or more of the party
jurisdictions or their subdivisions.
(g) The commission may accept for any of its purposes and
functions under this compact any and all donations, and grants
of money, equipment, supplies, materials and services,
conditional or otherwise, from any state, the United States, or
any other governmental agency, or from any person, firm,
association, foundation, or corporation, and may receive,
utilize and dispose of the same. Any donation or grant accepted
by the commission pursuant to this paragraph or services
borrowed pursuant to paragraph (f) of this article shall be
reported in the annual report of the commission. Such report
shall include the nature, amount and conditions, if any, of the
donation, grant, or services borrowed, and the identity of the
donor or lender.
(h) The commission may establish and maintain such
facilities as may be necessary for the transacting of its
business. The commission may acquire, hold, and convey real and
personal property and any interest therein.
(j) The commission shall adopt bylaws for the conduct of
its business and shall have the power to amend and rescind these
bylaws. The commission shall publish its bylaws in convenient
form and shall file a copy thereof and a copy of any amendment
thereto, with appropriate agency or officer in each of the party
states.
(k) The commission annually shall make to the governor and
legislature of each party state a report covering the activities
of the commission for the preceding year. The commission may
make such additional reports as it may deem desirable.
Article IV
(a) In addition to authority conferred on the commission
by other provisions of the compact, the commission shall have
authority to:
(i) Collect, correlate, analyze and interpret
information and data concerning educational needs and resources.
(ii) Encourage and foster research in all aspects of
education, but with special reference to the desirable scope of
instruction, organization, administration, and instructional
methods and standards employed or suitable for employment in
public educational systems.
(iii) Develop proposals for adequate financing of
education as a whole and at each of its many levels.
(iv) Conduct or participate in research of the types
referred to in this article in any instance where the commission
finds that such research is necessary for the advancement of the
purposes and policies of this compact, utilizing fully the
resources of national associations, regional compact
organizations for higher education, and other agencies and
institutions, both public and private.
(v) Formulate suggested policies and plans for the
improvement of public education as a whole, or for any segment
thereof, and make recommendations with respect thereto available
to the appropriate governmental units, agencies and public
officials.
(vi) Do such other things as may be necessary or
incidental to the administration of any of its authority or
functions pursuant to this compact.
Article V
(a) If the laws of the United States specifically so
provide, or if administrative provision is made therefor within
the federal government, the United States may be represented on
the commission by not to exceed ten (10) representatives. Any
such representative or representatives of the United States
shall be appointed and serve in such manner as may be provided
by or pursuant to federal law, and may be drawn from any one (1)
or more branches of the federal government, but no such
representative shall have a vote on the commission.
(b) The commission may provide information and make
recommendations to any executive or legislative agency or
officer of the federal government concerning the common
educational policies of the states, and may advise with any such
agencies or officers concerning any matter of mutual interest.
Article VI
(a) To assist in the expeditious conduct of its business
when the full commission is not meeting, the commission shall
elect a steering committee of thirty-two (32) members which,
subject to the provisions of this compact and consistent with
the policies of the commission, shall be constituted and
function as provided in the bylaws of the commission.
One-fourth of the voting membership of the steering committee
shall consist of governors, one-fourth shall consist of
legislators, and the remainder shall consist of other members of
the commission. A federal representative on the commission may
serve with the steering committee, but without vote. The voting
members of the steering committee shall serve for terms of two
(2) years, except that members elected to the first steering
committee of the commission shall be elected as follows: sixteen
(16) for one (1) year and sixteen (16) for two (2) years. The
chairman, vice-chairman, and treasurer of the commission shall
be members of the steering committee and, anything in this
paragraph to the contrary notwithstanding, shall serve during
their continuance in these offices. Vacancies in the steering
committee shall not affect its authority to act, but the
commission at its next regularly ensuing meeting following the
occurrence of any vacancy shall fill it for the unexpired term.
No person shall serve more than two (2) terms as a member of the
steering committee; provided that service for a partial term of
one (1) year or less shall not be counted towards the two (2)
term limitation.
(b) The commission may establish advisory and technical
committees composed of state, local, and federal officials, and
private persons to advise it with respect to any one (1) or more
of its functions. Any advisory or technical committee may, on
request of the states concerned, be established to consider any
matter of special concern to two (2) or more of the party
states.
(c) The commission may establish such additional
committees as its bylaws may provide.
Article VII
(a) The commission shall advise the governor or designated
officer or officers of each party state of its budget and
estimated expenditures for such period as may be required by the
laws of that party state. Each of the commission's budgets of
estimated expenditures shall contain specific recommendations of
the amount or amounts to be appropriated by each of the party
states.
(b) The total amount of appropriation requests under any
budget shall be apportioned among the party states. In making
such apportionment, the commission shall devise and employ a
formula which takes equitable account of the populations and per
capita income levels of the party states.
(c) The commission shall not pledge the credit of any
party states. The commission may meet any of its obligations in
whole or in part with funds available to it pursuant to article
III(g) of this compact, provided that the commission takes
specific action setting aside such funds prior to incurring an
obligation to be met in whole or in part in such manner. Except
where the commission makes use of funds available to it pursuant
to article III (g) thereof, the commission shall not incur any
obligation prior to the allotment of funds by the party states
adequate to meet the same.
(d) 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 by its bylaws. However, all receipts and
disbursements of funds handled by the commission shall be
audited yearly by a qualified public accountant, and the report
of the audit shall be included in and become part of the annual
reports of the commission.
(e) The accounts of the commission shall be open at any
reasonable time for inspection by duly constituted officers of
the party states and by any persons authorized by the
commission.
(f) Nothing contained herein shall be construed to prevent
commission compliance with laws relating to audit or inspection
of accounts by or on behalf of any government contributing to
the support of the commission.
Article VIII
(a) This compact shall have as eligible parties all
states, territories, and possessions of the United States, the
District of Columbia, and the commonwealth of Puerto Rico. In
respect of any such jurisdiction not having a governor, the term
"governor", as used in this compact, shall mean the closest
equivalent official of such jurisdiction.
(b) Any state or other eligible jurisdiction may enter
into this compact and it shall become binding thereon when it
has adopted the same; provided that in order to enter into
initial effect, adoption by at least ten (10) eligible party
jurisdictions shall be required.
(c) Adoption of the compact may be either by enactment
thereof or by adherence thereto by the governor; provided that
in the absence of enactment adherence by the governor shall be
sufficient to make his state a party only until December 31,
1967. During any period when a state is participating in this
compact through gubernatorial action, the governor shall appoint
those persons who, in addition to himself, shall serve as the
members of the commission from his state, and shall provide to
the commission an equitable share of the financial support of
the commission from any source available to him.
(d) Except for a withdrawal effective on December 31,
1967, in accordance with paragraph (c) of this article, any
party state may withdraw from this compact by enacting a statute
repealing the same. No withdrawal shall affect any liability
already incurred by or chargeable to a party state prior to the
time of such withdrawal.
Article IX
This compact shall be liberally construed so as to effectuate
the purposes thereof. The provisions of this compact shall be
severable and if any phrase, clause, sentence or provision of
this compact is declared to be contrary to the constitution of
any state or of the United States, or the application thereof to
any government, agency, person or circumstance is held invalid,
the validity of the remainder of this compact and the
applicability thereof to any government, agency, person or
circumstance shall not be affected thereby. If this compact
shall be held contrary to the constitution of any state
participating therein, the compact shall remain in full force
and effect as to the state affected as to all severable matters.