§7268. Organization and operation of the interstate commission - Article 8

Link to law: http://legislature.maine.gov/legis/statutes/22/title22sec7268.html
Published: 2015

§7268. Organization and operation of the interstate commission - Article 8








1. Bylaws.  
The interstate commission shall, by a majority of the members present and voting,
within 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:





A. Establishing the fiscal year of the interstate commission; [2011, c. 217, §1 (NEW).]










B. Establishing an executive committee and such other committees as may be necessary
for governing any general or specific delegation of authority or function of the interstate
commission; [2011, c. 217, §1 (NEW).]










C. Providing procedures for calling and conducting meetings of the interstate commission
and ensuring reasonable notice of each meeting; [2011, c. 217, §1 (NEW).]










D. Establishing the titles and responsibilities of the officers and staff of the interstate
commission; and [2011, c. 217, §1 (NEW).]










E. 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. [2011, c. 217, §1 (NEW).]







[
2011, c. 217, §1 (NEW)
.]








2. Officers.  
The interstate commission shall, by a majority vote of the members present, elect
annually from among its members a chair, a vice-chair and a treasurer, each of whom
has such authority and duties as may be specified in the bylaws. The chair or, in
the chair's absence or disability, the vice-chair shall preside at all meetings of
the interstate commission. The officers elected serve without compensation or remuneration
from the interstate commission, except that, subject to the availability of budgeted
funds, the officers must be reimbursed for ordinary and necessary costs and expenses
incurred by them in the performance of their responsibilities as officers of the interstate
commission.


[
2011, c. 217, §1 (NEW)
.]








3. Executive committee and staff.  
The following provisions govern the executive committee and staff.





A. The executive committee has such authority and duties as may be set forth in the bylaws,
including but not limited to:



(1) Managing the affairs of the interstate commission in a manner consistent with
the bylaws and purposes of the interstate commission;




(2) Overseeing an organizational structure within, and appropriate procedures for,
the interstate commission to provide for the administration of the compact; and




(3) Planning, implementing and coordinating communications and activities with other
state, federal and local government organizations in order to advance the purpose
of the interstate commission. [2011, c. 217, §1 (NEW).]











B. The executive committee may, subject to the approval of the interstate commission,
appoint or retain an executive director for such period upon terms and conditions
and for compensation as the interstate commission may consider appropriate. The executive
director serves as secretary to the interstate commission, but is not a member of
the interstate commission. The executive director shall hire and supervise other persons
as may be authorized by the interstate commission. [2011, c. 217, §1 (NEW).]







[
2011, c. 217, §1 (NEW)
.]








4. Liability.  
The interstate commission's executive director and the commission's employees are
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, except
that such person is not protected from suit or liability for damage, loss, injury
or liability caused by the intentional or willful and wanton misconduct of such person.





A. The liability of the interstate commission's executive director and employees or interstate
commission representatives, acting within the scope of that person's employment or
duties for acts, errors or omissions occurring within the 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. This subsection
may not be construed to protect the person from suit or liability for damage, loss,
injury or liability caused by the intentional or willful and wanton misconduct of
that person. [2011, c. 217, §1 (NEW).]










B. 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 the 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, as long as the actual
or alleged act, error or omission did not result from intentional or willful and wanton
misconduct on the part of such person. [2011, c. 217, §1 (NEW).]










C. To the extent not covered by the state involved, member state or the interstate commission,
the representatives or employees of the interstate commission must 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, as long as the actual
or alleged act, error or omission did not result from intentional or willful and wanton
misconduct on the part of such persons. [2011, c. 217, §1 (NEW).]







[
2011, c. 217, §1 (NEW)
.]





SECTION HISTORY

2011, c. 217, §1 (NEW).
Read Entire Law on legislature.maine.gov