2023 New York Laws › EDN - Education › Title 4 - Teachers and Pupils › Article 66 - Interstate Compact on Educational Oppurtunity for Military Children › 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.