New Jersey § 18a:75a-12

§ 18a:75a-12.

a. 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. b. 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. c. 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: (a) Managing the affairs of the Interstate Commission in a manner consistent with

the bylaws and purposes of the Interstate Commission; (b) 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 (c) 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) 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. d. 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. (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.