Commissioners — Powers and duties — Immunity. A. The member states of the Interstate Teacher Mobility Compact hereby create and establish a joint public agency known as the Interstate Teacher Mobility Compact Commission. The Commission shall be a joint interstate governmental agency comprised of states that have enacted the Interstate Teacher Mobility Compact. Nothing in the Interstate Teacher Mobility Compact shall be construed as a waiver of sovereign immunity. B. 1. Each member state shall have and be limited to one delegate to the Commission, who shall be given the title of commissioner and shall be the primary administrative officer of the state licensing authority or his or her designee. 2. Any commissioner may be removed or suspended from office as provided by the law of the state from which the commissioner is appointed. The member state shall fill any vacancy occurring in the Commission within ninety (90) days. 3. Each commissioner shall be entitled to one vote on the promulgation of rules and the creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission. A commissioner shall vote in person or by other means as provided for in the bylaws. The bylaws may provide for commissioners’ participation in meetings by telephone or other means of communication. 4. The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws. 5. The Commission shall establish by rule a term of office for commissioners. C. The Commission shall have the following powers and duties: 1. Establish a code of ethics for the Commission; 2. Establish the fiscal year of the Commission; 3. Establish bylaws for the Commission; 4. Maintain its financial records in accordance with the bylaws of the Commission; 5. Meet and take such actions as are consistent with the provisions of the Interstate Teacher Mobility Compact, the bylaws, and the rules of the Commission; 6. Promulgate uniform rules to implement and administer the Interstate Teacher Mobility Compact. The rules shall have the force and effect of law and shall be binding on all member states. In the event the Commission exercises its rule-making authority in a manner that is beyond the scope of the purposes of the compact or the powers thereunder, then such action by the Commission shall be invalid and shall have no force and effect of law; 7. Bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any member state licensing authority to sue or be sued under applicable law shall not be affected; 8. Purchase and maintain insurance bonds; 9. Borrow, accept, or contract for services of personnel including but not limited to employees of a member state or an associated non-governmental organization that is open to membership by all states; 10. Hire employees, elect or appoint officers, fix compensation, define duties, grant individuals appropriate authority to carry out the purposes of the Interstate Teacher Mobility Compact, and establish the Commission’s personnel policies and programs relating to conflicts of interest, qualifications for personnel, and other related personnel matters; 11. Lease, purchase, accept appropriate gifts or donations, or otherwise own, hold, improve, or use any real, personal, or mixed property, provided that at all times the Commission shall avoid any appearance of impropriety; 12. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any real, personal, or mixed property; 13. Establish a budget and make expenditures; 14. Borrow money; 15. Appoint committees, including standing committees comprised of members and other interested persons as may be designated in the Interstate Teacher Mobility Compact or Commission rules or bylaws; 16. Provide and receive information from and cooperate with law enforcement agencies; 17. Establish and elect an executive committee; 18. Establish and develop a charter for an executive information governance committee to advise on facilitating exchange of information, use of information, data privacy, and technical support needs and provide reports as needed; 19. Perform such other functions as may be necessary or appropriate to achieve the purposes of the Interstate Teacher Mobility Compact consistent with the state regulation of teacher licensure; and 20. Determine whether a state’s adopted language is materially different from the model compact language in such a way that the state would not qualify for participation in the Interstate Teacher Mobility Compact. D. The executive committee of the Interstate Teacher Mobility Compact shall have the power to act on behalf of the Commission according to the terms of the compact. 1. The executive committee shall be comprised of eight (8) voting members including: a. the Commission chair, vice chair, and treasurer, and b. five members who are elected by the Commission from its membership including: (1) four voting members representing geographic regions in accordance with Commission rules, and (2) one at large voting member in accordance with Commission rules. 2. The Commission may add or remove members of the executive committee as provided for in Commission rules. 3. The executive committee shall meet at least once annually. 4. The executive committee shall have the following duties and responsibilities: a. recommend to the entire Commission changes to the rules or bylaws, changes to the Interstate Teacher Mobility Compact legislation, fees to be paid by compact member states such as annual dues, and any compact fee charged by the member states on behalf of the commission, b. ensure Commission administration services are appropriately provided, contractual or otherwise, c. prepare and recommend the budget, d. maintain financial records on behalf of the Commission, e. monitor compliance of member states and provide reports to the Commission, and f. perform other duties as provided in rules or bylaws. 5. All Commission meetings shall be open to the public, and public notice of meetings shall be given in accordance with Commission bylaws. Provided, however, the Commission, its executive committee, or other committees of the Commission may convene in a closed, non-public meeting if the Commission, its executive committee, or other committees of the Commission discuss: a. non-compliance of a member state with its obligations under the Interstate Teacher Mobility 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 or 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 the use of the Commission or other committees charged with responsibility of investigating and determining compliance issues pursuant to the Interstate Teacher Mobility Compact, j. matters specifically exempted from disclosure by federal or member state statute, and k. other matters as set forth by the Commission bylaws and rules. 6. If a meeting or portion of a meeting is closed pursuant to the provisions of paragraph 5 of this subsection, the Commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. 7. The Commission shall keep minutes of the Commission meetings and shall provide a full and accurate summary of actions taken and the reasons for the actions including a description of the views expressed. All documents considered in connection with an action shall be identified in the minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or an order of a court of competent jurisdiction. E. 1. The Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities. 2. 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. 3. 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 Commission rules. 4. 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. 5. 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. F. 1. 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, however, 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, willful, or wanton misconduct of the person. 2. 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 had occurred within the scope of Commission employment, duties, or responsibilities. Provided, however, that nothing in this paragraph shall be construed to prohibit the person from retaining his or her own legal counsel, and provided further that the actual or alleged act, error, or omission did not result from the person’s intentional, willful, or wanton misconduct. 3. 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 the 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 the person had a reasonable basis for believing had occurred within the scope of Commission employment, duties, or responsibilities. Provided, however, that the actual or alleged act, error, or omission did not result from the intentional, willful, or wanton misconduct of the person. G. 1. The Commission shall exercise its rule-making powers pursuant to the criteria set forth in the Interstate Teacher Mobility Compact. Rules and amendments shall become binding as of the date specified in each rule or amendment. 2. The Commission shall promulgate reasonable rules to achieve the intent and purpose of the Interstate Teacher Mobility Compact. In the event the Commission exercises its rule-making authority in a manner that is beyond the purpose and intent of the Interstate Teacher Mobility Compact or the powers granted thereunder, such action by the Commission shall be invalid and have no force and effect of law in the member states. 3. If a majority of the legislatures of the member states rejects a rule by enactment of a statute or resolution in the same manner used to adopt the Interstate Teacher Mobility Compact within four (4) years of the date of the adoption of the rule, then the rule shall have no further force and effect in any member state. 4. Rules or amendments to the rules shall be adopted or ratified at a regular or special meeting of the Commission, in accordance with Commission bylaws and rules. 5. Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule within forty-eight (48) hours’ notice with opportunity to comment, provided that the usual rule-making procedures shall be retroactively applied to the rule as soon as reasonably possible and in no event later than ninety (90) days after the effective date of the rule. For purposes of this paragraph, an emergency rule is one that must be adopted immediately in order to: a. meet an imminent threat to public health, safety, or welfare, b. prevent a loss of Commission or member state funds, c. meet a deadline for the promulgation of an administrative rule that is established by federal law or rule, or d. protect public health and safety. H. 1. The Commission shall provide for facilitating the exchange of information to administer and implement the provisions of the Interstate Teacher Mobility Compact in accordance with Commission rules, consistent with generally accepted data protection principles. 2. Nothing in the Interstate Teacher Mobility Compact shall be deemed or construed to alter, limit, or inhibit the power of a member state to control and maintain ownership of its licensee information or alter, limit, or inhibit the laws or regulations governing licensee information in the member state. I. 1. The executive and judicial branches of state government in each member state shall enforce the Interstate Teacher Mobility Compact and take all actions necessary and appropriate to effectuate the compact’s purposes and intent. The provisions of the compact shall have standing as statutory law. 2. Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct, or any similar matter. 3. All courts and administrative agencies shall take judicial notice of the Interstate Teacher Mobility Compact, the rules of the Commission, and any information provided to a member state pursuant thereto in any judicial or quasi-judicial proceeding in a member state pertaining to the subject matter of the compact or which may affect the powers, responsibilities, or actions of the Commission. 4. The Commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the Interstate Teacher Mobility Compact and shall have standing to intervene in a proceeding for all purposes. Failure to provide the Commission service of process shall render a judgement or order void as to the Commission, the Interstate Teacher Mobility Compact, or rules of the Commission. J. 1. If the Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under the Interstate Teacher Mobility Compact or Commission rules, the Commission shall: a. provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default, or any other action to be taken by the Commission, and b. provide remedial training and specific technical assistance regarding the default. 2. If a state in default fails to cure the default, the defaulting state may be terminated from the Interstate Teacher Mobility Compact upon an affirmative vote of a majority of the commissioners of the member states, and all rights, privileges, and benefits conferred on the state by the compact may be terminated on the effective date of termination. A cure of the default shall not relieve the offending state of obligations or liabilities incurred during the period of default. 3. Termination of membership in the Interstate Teacher Mobility Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting state’s legislature, the state licensing authority, and each of the member states. 4. A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination including all obligations that extend beyond the effective date of termination. 5. The Commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the Interstate Teacher Mobility Compact, unless agreed upon in writing between the Commission and the defaulting state. 6. The defaulting state may appeal the action of the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district court where the Commission has its principal offices. The prevailing party shall be awarded all costs of litigation including reasonable attorney fees. 7. Upon request by a member state, the Commission shall attempt to resolve disputes related to the Interstate Teacher Mobility Compact that arise among member states and between member states and non-member states. The Commission shall promulgate a rule providing for both binding and non-binding alternative dispute resolution for disputes as appropriate. 8. The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of the Interstate Teacher Mobility Compact. By majority vote, the Commission may initiate legal action in the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices against a member state in default to enforce compliance with the provisions of the compact and the Commission’s promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of litigation including reasonable attorney fees. The remedies shall not be exclusive of remedies of the Commission. The Commission may pursue any other remedies available under federal or state law. K. The Interstate Teacher Mobility Compact shall be in effect on the date on which the compact is enacted into law in the tenth member state. 1. On or after the effective date of the compact, the Commission shall convene and review the enactment of the compact by each member state to determine if the statute enacted by each member state is materially different from the model statute. 2. A member state whose enactment is found to be materially different from the model compact statute shall be entitled to the default process set forth in subsection J of this section. 3. Member states enacting the compact subsequent to the effective date shall be subject to the process set forth in paragraph 20 of subsection C of this section to determine if the enactments are materially different from the model compact statute and whether they qualify for participation in the compact. 4. If any member state is later found to be in default or is terminated or withdraws from the compact, the Commission shall remain in existence and the compact shall remain in effect even if the number of member states is fewer than ten (10). 5. Any state that joins the compact after the Commission’s initial adoption of the rules and bylaws shall be subject to the rules and bylaws as they exist on the date on which the compact becomes law in the state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the compact becomes law in the state, as the rules and bylaws may be amended as provided for in the Interstate Teacher Mobility Compact. 6. Any member state may withdraw from the Interstate Teacher Mobility Compact by enacting a statute repealing the compact. A member state’s withdrawal shall not take effect until six (6) months after enactment of the repealing statute. Withdrawal shall not affect the continuing requirement of the withdrawing state’s licensing authority to comply with the investigative and adverse action reporting requirements of the compact prior to the effective date of withdrawal. 7. The Interstate Teacher Mobility Compact may be amended by the member states; provided, however, that no amendment to the compact shall become effective and binding upon any member state until it is enacted into law by all member states. L. The Interstate Teacher Mobility Compact shall be liberally construed to effectuate its purposes. The provisions of the compact shall be severable, and if any phrase, clause, sentence, or provision of the compact is declared to be contrary to the constitution of any member state or a state seeking membership in the compact or of the U.S. Constitution or the applicability thereof to any other government, agency, person, or circumstance is held invalid, the validity of the remainder of the compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected. If the compact is held contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters. M. Nothing in this act shall prevent or inhibit the enforcement of any other law of a member state that is not inconsistent with the Interstate Teacher Mobility Compact. Any laws, statutes, regulations, or other legal requirements in a member state in conflict with the compact are superseded to the extent of the conflict. All permissible agreements between the Commission and the member states are binding in accordance with their terms.
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