N.Y. Education Law § 3311: Organization and operation of the interstate commission

§ 3311. Organization and operation of the interstate commission. 1.

The interstate commission shall, by a majority of the members present

and voting, within twelve 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;

(b) Establishing an executive committee, and such other committees as

may be necessary;

(c) Providing for the establishment of committees and for governing

any general or specific delegation of authority or function of the

interstate commission;

(d) Providing reasonable procedures for calling and conducting

meetings of the interstate commission, and ensuring reasonable notice of

each such meeting;

(e) Establishing the titles and responsibilities of the officers and

staff of the interstate commission;

(f) 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; and

(g) Providing "start up" rules for initial administration of the

compact.

2. 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.

3. (a) 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.

(b) 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.

4. 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.

(a) 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 section 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.

(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 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.

(c) 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.