2023 Maine Revised Statutes › TITLE 34-A: CORRECTIONS › Chapter 9: INTERSTATE COMPACTS › Subchapter 6: INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION › 34-A §9877. Activities of interstate commission-- Article 7

§9877. Activities of interstate commission-- Article 7
1.  Commission actions.
The interstate commission shall meet and take such actions as are consistent with the provisions of this compact. Except as otherwise provided in this compact and unless a greater percentage is required by the bylaws, in order to constitute an act of the interstate commission, the act must have been taken at a meeting of the interstate commission and must have received an affirmative vote of a majority of the members present.
[PL 2003, c. 495, §1 (NEW).]
2.  Members' rights.
Each member of the interstate commission has the right and power to cast a vote to which the compacting state is entitled and to participate in the business and affairs of the interstate commission. A member shall vote in person on behalf of the state and may not delegate a vote to another member state. A state council shall appoint another authorized representative in the absence of the commissioner from that state to cast a vote on behalf of the member state at a specified meeting. The bylaws may provide for members' participation in meetings by telephone or other means of telecommunication or electronic communication. Any voting conducted by telephone or other means of telecommunication or electronic communication is subject to the same quorum requirements of meetings when members are present in person.
[PL 2003, c. 495, §1 (NEW).]
3.  Meeting.
The interstate commission shall meet at least once during each calendar year. The chair of the interstate commission may call additional meetings at any time and, upon the request of a majority of the members, shall call additional meetings.
[PL 2003, c. 495, §1 (NEW).]
4.  Information; records available.
The interstate commission's bylaws must establish conditions and procedures under which the interstate commission shall make its information and official records available to the public for inspection or copying. The interstate commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. In promulgating rules, the interstate commission may make available to law enforcement agencies records and information otherwise exempt from disclosure, and may enter into agreements with law enforcement agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions.
[PL 2003, c. 495, §1 (NEW).]
5.  Meeting notice.
Public notice must be given of all meetings and all meetings are open to the public, except as set forth in the rules or as otherwise provided in the compact. The interstate commission shall promulgate rules consistent with the principles contained in the Government in the Sunshine Act, 5 United States Code, Section 552 (b), as amended. The interstate commission and any of its committees may close a meeting to the public when the interstate commission determines by 2/3 vote that an open meeting:
A. Relates solely to the interstate commission's internal personnel practices and procedures;   [PL 2003, c. 495, §1 (NEW).]
B. May disclose matters specifically exempted from disclosure by statute;   [PL 2003, c. 495, §1 (NEW).]
C. May disclose trade secrets or commercial or financial information that is privileged or confidential;   [PL 2003, c. 495, §1 (NEW).]
D. May involve accusing a person of a crime or formally censuring a person;   [PL 2003, c. 495, §1 (NEW).]
E. May disclose information of a personal nature and that disclosure would constitute a clearly unwarranted invasion of personal privacy;   [PL 2003, c. 495, §1 (NEW).]
F. May disclose investigatory records compiled for law enforcement purposes;   [PL 2003, c. 495, §1 (NEW).]
G. May disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the interstate commission with respect to a regulated entity for the purpose of regulation or supervision of such entity;   [PL 2003, c. 495, §1 (NEW).]
H. May disclose information, the premature disclosure of which would significantly endanger the life of a person or the stability of a regulated entity; or   [PL 2003, c. 495, §1 (NEW).]
I. Specifically relates to the interstate commission's issuance of a subpoena or its participation in a civil action or proceeding.   [PL 2003, c. 495, §1 (NEW).]
[PL 2003, c. 495, §1 (NEW).]
6.  Public certification.
For every meeting closed pursuant to subsection 5, the interstate commission's chief legal officer shall publicly certify that, in the chief legal officer's opinion, the meeting may be closed to the public and shall reference each relevant exemptive provision of subsection 5. The interstate commission shall keep minutes that fully and clearly describe all matters discussed in any meeting and provide a full and accurate summary of any actions taken and the reasons for taking such actions, including a description of each of the views expressed on any item and the record of any vote by roll call, reflected in the vote of each member on the question. All documents considered in connection with any action must be identified in the minutes.
[PL 2003, c. 495, §1 (NEW).]
7.  Collect data.
The interstate commission shall collect data concerning the interstate movement of offenders as directed through its bylaws and rules that must specify the data to be collected, the means of collection and data exchange and reporting requirements.
[PL 2003, c. 495, §1 (NEW).]
SECTION HISTORY
PL 2003, c. 495, §1 (NEW).