§ 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.