| (4) |
| (a) |
The executive committee of the Interstate Teacher Mobility Compact Commission shall have the power to act on behalf of the commission according to the terms of this interstate compact. |
| (b) |
The executive committee shall be composed of eight voting members:
| (i) |
the commission chair, vice chair, and treasurer; and |
| (ii) |
five members who are elected by the commission from the current membership:
| (A) |
four voting members representing geographic regions in accordance with commission rules; and |
| (B) |
one at large voting member in accordance with commission rules. |
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| (c) |
The commission may add or remove members of the executive committee as provided in commission rules. |
| (d) |
The executive committee shall meet at least once annually. |
| (e) |
The executive committee shall have the following duties and responsibilities:
| (i) |
recommend to the entire commission changes to the rules or bylaws, changes to the compact legislation, fees paid by interstate compact member states such as annual dues, and any compact fee charged by the member states on behalf of the commission; |
| (ii) |
ensure commission administration services are appropriately provided, contractual or otherwise; |
| (iii) |
prepare and recommend the budget; |
| (iv) |
maintain financial records on behalf of the commission; |
| (v) |
monitor compliance of member states and provide reports to the commission; and |
| (vi) |
perform other duties as provided in rules or bylaws. |
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| (f) |
| (i) |
All meetings of the commission shall be open to the public, and public notice of meetings shall be given in accordance with commission bylaws. |
| (ii) |
The commission or the executive committee or other committees of the commission may convene in a closed, nonpublic meeting if the commission or executive committee or other committees of the commission must discuss:
| (A) |
non-compliance of a Member State with its obligations under the compact; |
| (B) |
the employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the commission’s internal personnel practices and procedures; |
| (C) |
current, threatened, or reasonably anticipated litigation; |
| (D) |
negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate; |
| (E) |
accusing any person of a crime or formally censuring any person; |
| (F) |
disclosure of trade secrets or commercial or financial information that is privileged or confidential; |
| (G) |
disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; |
| (H) |
disclosure of investigative records compiled for law enforcement purposes; |
| (I) |
disclosure of information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact; |
| (J) |
matters specifically exempted from disclosure by federal or member state statute; and |
| (K) |
other matters as set forth by commission bylaws and rules. |
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| (iii) |
If a meeting, or portion of a meeting, is closed pursuant to this provision, the commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. |
| (iv) |
The commission shall keep minutes of commission meetings and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction. |
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| (g) |
| (i) |
The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities. |
| (ii) |
The commission may accept all appropriate donations and grants of money, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same, provided that at all times the commission shall avoid any appearance of impropriety or conflict of interest. |
| (iii) |
The commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the commission, in accordance with the commission rules. |
| (iv) |
The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the commission pledge the credit of any of the member states, except by and with the authority of the member state. |
| (v) |
The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to accounting procedures established under commission bylaws. All receipts and disbursements of funds of the commission shall be reviewed annually in accordance with commission bylaws, and a report of the review shall be included in and become part of the annual report of the commission. |
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| (h) |
| (i) |
The members, officers, executive director, employees and representatives of the commission 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 by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities; provided that nothing in this paragraph 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 or wanton misconduct of that person. |
| (ii) |
The commission shall defend any member, officer, executive director, employee, or representative of the commission 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 commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person’s intentional or willful or wanton misconduct. |
| (iii) |
The commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person. |
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