18A:75-4 - Article III.  The commission

18A:75-4.  Article III.  The commission
    A.  The Education Commission of the states, hereinafter called  "the commission,"  is hereby established.  The commission shall consist of seven members representing each party state.  One of such members shall be the governor;  two shall be members of the state legislature selected by its respective houses and serving in such manner as the legislature may determine; and four shall be appointed by and serve at the pleasure of the governor, unless the laws of the state otherwise provide.  If the laws of a state prevent  legislators from serving on the commission, six members shall be appointed by  and serve at the pleasure of the governor, unless the laws of the state  otherwise provide.  In addition to any other principles or requirements which a  state may establish for the appointment and service of its members of the  commission, the guiding principle for the composition of the membership on the  commission from each party state shall be that the members representing such  state shall, by virtue of their training, experience, knowledge or affiliations  be in a position collectively to reflect broadly the interests of the state  government, higher education, the state education system, local education, lay  and professional, public and nonpublic educational leadership.  Of those  appointees, one shall be the head of a state agency or institution, designated  by the governor, having responsibility for one or more programs of public  education.  In addition to the members of the commission representing the party  states, there may be not to exceed 10 nonvoting commissioners selected by the steering committee for terms of one year.  Such commissioners shall represent  leading national organizations of professional educators or persons concerned  with educational administration.

    B.  The members of the commission shall be entitled to one vote each on the  commission.  No action of the commission shall be binding unless taken at a  meeting at which a majority of the total number of votes on the commission are  cast in favor thereof.  Action of the commission shall be only at a meeting at  which a majority of the commissioners are present. The commission shall meet  at least once a year.  In its bylaws, and subject to such directions and  limitations as may be contained therein, the commission may delegate the  exercise of any of its powers to the steering committee or the executive  director, except for the power to approve budgets or requests for appropriations, the power to make policy recommendations pursuant to article IV  and adoption of the annual report pursuant to article III(j).

    C.  The commission shall have a seal.

     D.  The commission shall elect annually, from among its members a chairman,  who shall be a governor, a vice chairman and a treasurer.  The commission shall  provide for the appointment of an executive director. Such executive director  shall serve at the pleasure of the commission, and together with the treasurer  and such other personnel as the commission may deem appropriate shall be bonded  in such amount as the commission shall determine.  The executive director shall  be secretary.

    E.  Irrespective of the civil service, personnel or other merit system laws  of any of the party states, the executive director subject to the approval of  the steering committee shall appoint, remove or discharge such personnel as may  be necessary for the performance of the functions of the commission, and shall  fix the duties and compensation of such personnel. The commission in its  bylaws shall provide for the personnel policies and programs of the  commission.

    F.  The commission may borrow, accept or contract for the services of personnel from any party jurisdiction, the United States, or any subdivision or  agency of the aforementioned governments, or from any agency of two or more of  the party jurisdictions or their subdivisions.

    G.  The commission may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any other governmental agency, or from any person, firm, association, foundation, or corporation, and may receive, utilize and dispose of the same.  Any donation or grant accepted by the commission pursuant to this  paragraph or services borrowed pursuant to paragraph (f) of this article shall  be reported in the annual report of the commissioner.  Such report shall  include the nature, amount and conditions, if any, of the donation, grant, or  services borrowed, and the identity of the donor or lender.

    H.  The commission may establish and maintain such facilities as may be necessary for the transacting of its business.  The commission may acquire, hold, and convey real and personal property and any interest therein.

    I.  The commission shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these bylaws.  The commission shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the  party states.

    J.  The commission annually shall make to the governor and legislature of each party state a report covering the activities of the commission for the preceding year.  The commission may make such additional reports as it may deem  desirable.
 
L.1967, c.271.