Vermont § 5725 - Organization and operation

§ 5725. Organization and operation

• (a) Bylaws. 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: (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 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 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. (1) The Interstate Commission shall, by a majority of its 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 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 any ordinary and necessary
  costs and expenses incurred by them in the performance of their duties and responsibilities
  as officers of the Interstate Commission. (2) 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. (1) 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. (2) 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. (3) 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. (4) 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. (Added 2009, No. 108 (Adj. Sess.), § 12, eff. July 1, 2010.)