1. Bylaws. The interstate commission shall adopt bylaws, by a majority vote of the members, within 12 months of the first interstate commission meeting to govern its conduct as may be necessary or appropriate to carry out the purposes of this subchapter, including, but not limited to:
A. Establishing the fiscal year of the interstate commission; [PL 2003, c. 495, §1 (NEW).]
B. Establishing an executive committee and such other committees as may be necessary; [PL 2003, c. 495, §1 (NEW).]
C. Providing reasonable standards and procedures:

(1) For the establishment of committees; and
(2) Governing any general or specific delegation of any authority or function of the interstate commission; [PL 2003, c. 495, §1 (NEW).]
D. Providing reasonable procedures for calling and conducting meetings of the interstate commission and ensuring reasonable notice of each such meeting; [PL 2003, c. 495, §1 (NEW).]
E. Establishing the titles and responsibilities of the officers of the interstate commission; [PL 2003, c. 495, §1 (NEW).]
F. Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the interstate commission. Notwithstanding any civil service or other similar laws of any compacting state, the bylaws exclusively govern the personnel policies and programs of the interstate commission; [PL 2003, c. 495, §1 (NEW).]
G. Providing a mechanism for winding up the operations of the interstate commission and the equitable 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; [PL 2003, c. 495, §1 (NEW).]
H. Providing transitional rules for administration of the compact when it first takes effect; and [PL 2003, c. 495, §1 (NEW).]
I. Establishing standards and procedures for compliance and technical assistance in carrying out the compact. [PL 2003, c. 495, §1 (NEW).]

[PL 2003, c. 495, §1 (NEW).]

Terms Used In Maine Revised Statutes Title 34-A Sec. 9876

  • Bylaws: means those bylaws established by the interstate commission for its governance or for directing or controlling the interstate commission's actions or conduct. See Maine Revised Statutes Title 34-A Sec. 9872
  • Commissioner: means the voting representative of each compacting state appointed pursuant to section 9873. See Maine Revised Statutes Title 34-A Sec. 9872
  • Compacting state: means any state that has enacted the enabling legislation for this compact. See Maine Revised Statutes Title 34-A Sec. 9872
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Interstate commission: means the Interstate Commission for Adult Offender Supervision established in this subchapter. See Maine Revised Statutes Title 34-A Sec. 9872
  • Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72
  • Member: means the commissioner of a compacting state or a designee who is a person officially connected with the commissioner. See Maine Revised Statutes Title 34-A Sec. 9872
  • Person: means any individual, corporation, business enterprise or other legal entity, either public or private. See Maine Revised Statutes Title 34-A Sec. 9872
  • Rules: means acts of the interstate commission, duly promulgated pursuant to section 9878, substantially affecting interested parties in addition to the interstate commission that have the force and effect of law in the compacting states. See Maine Revised Statutes Title 34-A Sec. 9872
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: means a state of the United States, the District of Columbia and any other territorial possession of the United States. See Maine Revised Statutes Title 34-A Sec. 9872
2. Officers and staff. The following provisions govern officers and staff.
A. The interstate commission shall, by a majority vote of the members, elect from among its members a chair and a vice-chair, each of whom has such authorities and duties as may be specified in the bylaws. The chair or, in the chair’s absence or disability, the vice-chair shall preside at all meetings of the interstate commission. The officers so elected serve without compensation or remuneration from the interstate commission, provided that, subject to the availability of budgeted funds, the officers are reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the interstate commission. [PL 2003, c. 495, §1 (NEW).]
B. 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 considers appropriate. The executive director serves as secretary to the interstate commission and may hire and supervise such other staff as may be authorized by the interstate commission but may not be a member. [PL 2003, c. 495, §1 (NEW).]

[PL 2003, c. 495, §1 (NEW).]

3. Corporate books and records of interstate commission. The interstate commission shall maintain its corporate books and records in accordance with the bylaws.

[PL 2003, c. 495, §1 (NEW).]

4. Qualified immunity, defense and indemnification. The following provisions govern qualified immunity, defense and indemnification.
A. The members, officers, executive director and employees of the interstate commission are 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 an actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities. Nothing in this paragraph may 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. [PL 2003, c. 495, §1 (NEW).]
B. The interstate commission shall defend the commissioner of a compacting state, a commissioner’s representatives or employees or the interstate commission’s representatives or employees, in a 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, if the actual or alleged act, error or omission did not result from intentional wrongdoing on the part of that person. [PL 2003, c. 495, §1 (NEW).]
C. The interstate commission shall indemnify and hold the commissioner of a compacting state, the appointed designee or employee or the interstate commission’s representative or employee, harmless in the amount of any settlement or judgment obtained against such a person 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 a person had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, if the actual or alleged act, error or omission did not result from gross negligence or intentional wrongdoing on the part of that person. [PL 2003, c. 495, §1 (NEW).]

[PL 2003, c. 495, §1 (NEW).]

SECTION HISTORY

PL 2003, c. 495, §1 (NEW).
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