New Jersey § 9:23b-5

§ 9:23b-5.

a. By-laws. The Interstate Commission shall, by a majority of the members present and voting,

within twelve months after the first Interstate Commission meeting, adopt by-laws

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) Provide for the establishment of committees 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 such meeting; (5) Establishing the titles and responsibilities of the officers of the Interstate

Commission; (6) Providing a mechanism for concluding the operations of the Interstate Commission

and the return of any surplus funds that may exist upon the termination of the compact

after the payment and/or reserving of all of its debts and obligations; (7) Providing “start-up” rules for initial administration of the compact; and (8) Establishing standards and procedures for compliance and technical assistance

in carrying out the compact. b. Officers and Staff. The Interstate Commission shall, by a majority of the members, elect annually from

among its members a chairperson and a vice-chairperson, each of whom shall have such

authority and duties as may be specified in the by- laws. 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 any ordinary 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 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 and shall hire and supervise such other staff as may be authorized

by the Interstate Commission. c. Qualified Immunity, Defense and Indemnification. The Commission's executive director and employees shall be immune from suit and liability,

either personally or in their official capacity, for any claim for damage to or loss

of property or personal injury or other civil liability caused or arising out of or

relating to any actual or alleged act, error, or omission that occurred, or that such

person had a reasonable basis for believing occurred within the scope of Commission

employment, duties, or responsibilities; provided, that any such person shall not

be protected from suit or liability for any damage, loss, injury, or liability caused

by the intentional or willful and wanton misconduct of any such person. The liability of any commissioner, or the employee or agent of a commissioner, 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. Nothing in this subsection shall be construed to protect any such person from suit

or liability for any damage, loss, injury, or liability caused by the intentional

or willful and wanton misconduct of any such person. The Interstate Commission shall defend the executive director or the employees or

representatives of the Interstate Commission and, subject to the approval of the Attorney

General of the state represented by any commissioner of a compacting state, shall

defend such commissioner or the commissioner'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 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. The Interstate Commission shall indemnify and hold the commissioner of a compacting

state, or the commissioner's representatives or employees, or the Interstate Commission's

representatives or employees, harmless in the amount of any settlement or judgment

obtained against such 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 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.