§ 21-24-111 — 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:
(i) Establishing the fiscal year of the interstate
commission;
(ii) Establishing an executive committee, and such
other committees as may be necessary;
(iii) Providing for the establishment of committees
and for governing any general or specific delegation of
authority or function of the interstate commission;
(iv) Providing reasonable procedures for calling and
conducting meetings of the interstate commission, and ensuring
reasonable notice of each such meeting;
(v) Establishing the titles and responsibilities of
the officers and staff of the interstate commission;
(vi) 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;
(vii) 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:
(i) The executive committee shall have such authority
and duties as may be set forth in the bylaws, including but not
limited to:
(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 in order to advance the goals of
the interstate commission.
(ii) 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:
(i) 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;
(ii) 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;
(iii) 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.