Sec. 5. (a) Each compacting state shall have and be limited to one (1) member. Each member shall be qualified to serve in that capacity under applicable law of the compacting state. Any member may be removed or suspended from office as provided by the law of the state from which the member is appointed. Any vacancy occurring in the commission shall be filled in accordance with the laws of the compacting state where the vacancy exists. Nothing in this section shall be construed to affect the manner in which a compacting state determines the election or appointment and qualification of the compacting state’s commissioner.

     (b) Each member is entitled to one (1) vote and is entitled to an opportunity to participate in the governance of the commission in accordance with the bylaws. Notwithstanding any provision in this chapter to the contrary, no action of the commission with respect to the promulgation of a uniform standard is effective unless two-thirds (2/3) of the members vote in favor of adoption.

     (c) The commission shall, by a majority of the members, prescribe bylaws to govern the commission’s conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of the compact, including the following:

(1) Establishing the fiscal year of the commission.

(2) Providing reasonable procedures for appointing and electing members and holding meetings of the management committee.

(3) Providing reasonable standards and procedures:

(A) for the establishment and meetings of other committees; and

(B) governing any general or specific delegation of any authority or function of the commission.

(4) Providing reasonable procedures for calling and conducting meetings of the commission and ensuring reasonable advance notice of each meeting, including:

(A) requiring a majority of commission members to attend a meeting;

(B) providing for the right of citizens to attend the meetings with enumerated exceptions designed to:

(i) protect the public interest;

(ii) protect the privacy of individuals; and

(iii) insure proprietary information, including trade secrets;

(C) allowing a meeting in camera only after a majority of the members of the commission votes to close a meeting en toto or in part, with no proxy voting; and

(D) providing for the commission, as soon as practicable after a vote to close a meeting as described in clause (C), to make public:

(i) a copy of the vote to close the meeting revealing the vote of each member; and

(ii) votes taken during the meeting.

(5) Establishing the titles, duties, authority, and reasonable procedures for the election of the officers of the commission.

(6) Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the commission. Notwithstanding any civil service or other similar laws of any compacting state, the bylaws shall exclusively govern the personnel policies and programs of the commission.

(7) Promulgating a code of ethics to address permissible and prohibited activities of commission members and employees.

(8) Providing a mechanism for winding up the operations of the commission and the equitable disposition of any surplus funds that may exist after the termination of the compact after the payment and reserving of all the commission’s debts and obligations.

     (d) The commission shall publish bylaws in a convenient form and file a copy of the bylaws and amendments to the bylaws with the appropriate agency or officer in each compacting state.

As added by P.L.138-2005, SEC.3.