Pennsylvania Code › Title 22 - EDUCATION › Part XXI - Interstate Compacts › Chapter 721 - INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN › Article XI - Organization and Operation of the Interstate Commission

Current through Register Vol. 54, No. 28, July 13, 2024
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:
1. Establishing the fiscal year of the
				Interstate Commission;
2.
				Establishing an executive committee, and such other committees as may be
				necessary;
3. Providing for the
				establishment of committees and for governing any general or specific
				delegation of 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 such meeting;
5. Establishing the titles and
				responsibilities of the officers and staff of the Interstate
				Commission;
6. 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.
7. Providing "start up" rules for initial
				administration of the compact.
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.
Executive Committee, Officers and Personnel
1. The executive committee shall have such
				authority and duties as may be set forth in the bylaws, including, but not
				limited to:
Managing the affairs of the Interstate Commission in a manner
				  consistent with the bylaws and purposes of the Interstate Commission;
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
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.
2. (Reserved).
3. 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.
The Interstate Commission's executive director and 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.
1. 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 subsection 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.
2. 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.
3. 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.