2023 Laws of Puerto Rico › TITLE FOUR - Judiciary (§§ 1-3 — 2166) › PART V - Correction and Parole (§§ 1101 — 1646) › Chapter 83A - Interstate Compact for Adult Offender Supervision (§§ 1433 — 1446) › § 1438 - Interstate Commission—Organization and operation

(a) Bylaws. — Within twelve months following the first Interstate Commission meeting, the Interstate Commission, by a majority of the members, shall adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of this Compact, including, but not limited to:
(1) Establishing the fiscal year of the Interstate Commission.
(2) Establishing an Executive Committee and other committees as may be necessary.
(3) Providing reasonable standards and procedures for:
(A) Establishing committees, and
(B) governing any general or specific delegation of any authority or function of the Interstate Commission.
(4) Providing reasonable procedures for calling and conducting meetings of the Interstate Commission and ensuring reasonable notice of each meeting.
(5) Establishing the titles and responsibilities of the officers of the Interstate Commission.
(6) Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Interstate Commission. Notwithstanding any personnel laws or other similar laws of any compacting state, the bylaws exclusively govern the personnel policies and programs of the Interstate Commission.
(7) Providing a mechanism for winding up the operations of the Interstate Commission and the equitable return of any surplus funds that may exist upon the termination of the Compact after the payment or reserving of all of the Interstate Commission’s debts and obligations.
(8) Providing transition rules for startup administration of the Compact.
(9) Establishing standards and procedures for compliance and technical assistance in carrying out the Compact.
(b) Officials and personnel. — The Interstate Commission, by a majority of the members, shall elect from among its members a chairman and vice chairman, each of whom has the authority and duties as may be specified in the bylaws. The chairman, or in the chairman’s absence or disability, the vice chairman 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 are reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission.
The Interstate Commission shall, through its Executive Committee, appoint or contract an Executive Director for said period, upon the terms and conditions and for the compensation as the Interstate Commission may deem appropriate. The Executive Director shall serve as secretary to the Interstate Commission and shall contract and supervise other staff as may be authorized by the Interstate Commission, but shall not be a member of the Interstate Commission.
(c) Corporate records of the Interstate Commission. — The Interstate Commission shall maintain its corporate books and records in accordance with the bylaws.
(d) Qualified immunity, defense and compensation. — The members, officers, the Executive Director and the employees of the Interstate Commission shall have immunity in relation to any suit or liability, be it in their personal or official capacity, for any claim for damages to or loss of property or personal damages or other civil liability caused or arising from an action taken or alleged, error or omission occurring within the scope of their work, duties or responsibilities in the Interstate Commission. Provided, That none of what has been established in this paragraph shall be construed as protecting any person from suit and/or liability for any damage, loss, or bodily injury, caused by the crass, intentional or willful and wanton action of that person.
The Interstate Commission shall defend the Commissioner of a compacting state, the Commissioner’s representatives or employees, or the Interstate Commission’s representatives or employees in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred as a result of their employment, duties or responsibilities in the Interstate Commission, or in those cases that the defendant had a reasonable basis for believing that they occurred within the scope of Interstate Commission employment, duties, or responsibilities; provided that the actual or alleged act, error, or omission did not occur as a result of crass negligence or intentional act on the part of such persons.
The Interstate Commission shall indemnify and hold harmless the Commissioner of a compacting state, the appointed representatives, or employees, or the Interstate Commission’s representatives or employees, for the amount of any settlement or judgment obtained against those persons arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that the persons had a reasonable basis for believing they 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 crass negligence or intentional improper conduct on the part of such persons.
History —Aug. 11, 2004, No. 208, § 1, art. 6.