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    The Northeast Interstate Dairy Compact, created by the United States Congress and by the State Legislatures of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont, collectively, in order to organize and take such steps as are necessary to assure the continued viability of dairy farming in the Northeast and to assure consumers of an adequate, local supply of pure and wholesome milk and to provide fair and equitable benefits to both farmers and consumers. 
    The Northeast Dairy Compact Commission, with its membership from the six New England states, includes producers, processors, representatives of state government and consumer representatives. This broad participation will allow the Compact Commission to address the public interest in New England's family farming communities, essential parts of New England's unique political and social character, landscape, open spaces and sporting and recreational life. 


       A. NAME - The name of this Commission shall be the Northeast Dairy Compact Commission, hereinafter referred to as the "Compact Commission."

       B. AUTHORITY - Maine enacted the Northeast Interstate Dairy Compact in 1989 (P.L. 89-437; as amended, 93-274), as did Vermont (P.L. 89-95; as amended, 93-57). Connecticut (P.L. 93-320), Massachusetts (P.L. 93-370), New Hampshire (P.L. 93-184-A) and Rhode Island (P.L. 93-336) approved the Compact in 1993. The Northeast Interstate Dairy Compact was authorized by Congressional approval of P.L. 104-127, the Federal Agriculture Improvement and Reform Act (FAIR ACT), Section 147, on March 28, 1996, the President's signature of the FAIR ACT on April 4, 1996, and the finding of compelling public interest by the United States Secretary of Agriculture on August 8, 1996.

       C. TEXT - The text of the Northeast Interstate Dairy Compact is set forth in S.J. Res. 28(1)(b) of the 104th Congress, as referenced in P.L. 104-127, The FAIR ACT, Section 147 (hereinafter referred to as "Compact").

       D. SEAL - The official seal of the Compact Commission shall be an appropriate design representing the collective interest of the participating states and bearing the words "NORTHEAST INTERSTATE DAIRY COMPACT - ESTABLISHED, 1996". 


       The Purpose of the Northeast Interstate Dairy Compact is set forth in Article I, Section I of the Compact. In the development of its plan and program, the Compact Commission will provide a forum for public involvement, and make certain all involved elements of the public interest are suitably represented. 



       1) DELEGATION MEMBERSHIP - The membership of the Compact Commission shall consist of a delegation of no less than three and no more than five members from each state in the compact region.

       2) DELEGATION MEMBER REQUIREMENTS - Delegation members shall be residents and voters of, and subject to such confirmation process as is provided for in, the appointing state.

       3) DELEGATION COMPOSITION - Each state delegation shall include at least one dairy farmer who is engaged in the production of milk at the time of appointment or reappointment and one consumer representative.

       4) CONFLICT OF INTEREST - No member or employee of the Compact Commission, while serving as such, shall have any financial interest in, or engage in, any business, employment, transaction or professional activity, which is in substantial conflict with the proper discharge of his/her duties or employment in the public interest and of his/her responsibilities as prescribed by the Compact Commission. A member of the Commission shall not be considered to have a conflict of interest by virtue of appointment based on his/her status as a dairy farmer in accordance with Section 3, above. 
       No member or employee of the Compact Commission shall knowingly accept, directly or indirectly, any gift or gifts known to amount to twenty-five dollars or more in value in any calendar year from any person the member or employee knows or has reason to know: (1) is doing business or seeking to do business with the Compact Commission, (2) is engaged in activities which are directly regulated by the Compact Commission or (3) has financial interests which may be substantially affected by the performance or nonperformance of official duties by the member or employee. 
       All employees of the Compact Commission shall, upon appointment or reappointment, file a confidential statement of financial interest with the Compact Commission.

       5)TERM OF OFFICE - Delegation members shall serve no more than three consecutive terms with no single term of more than four years. In all other respects, delegation member terms of offices shall be in accordance with the laws of the member states.

       6) RESIGNATIONS - Resignations must be submitted in writing to the Governor of the state where the delegation member resides. After submission, notification shall also be sent to the Compact Commission Chair and Commissioner of Agriculture of the member's state.

       7) VACANCIES - Any vacancy in a delegation appointment shall be filled by the original appointing authority of the state.

       8) SERVICE - In all other respects, delegation members shall serve in accordance with the laws of the states represented and the Compact Commission Bylaws.

       9) REMOVAL - Removal shall be for cause by the original appointing state authority. The Commission, through the Chair, may recommend removal of a member to the appropriate appointing authority.

       10) COMPENSATION - Compensation, if any, of the members of a state delegation shall be determined and paid according to the laws of the state.

       11) EXPENSES - Expenses for activities associated with Compact Commission official business, which may include a per diem allowance, shall be paid by the Compact Commission.

       12) INDEMNIFICATION - The Compact Commission agrees to indemnify its members and employees, whether presently or formerly occupying such positions, and their personal representatives, heir and devisees, against judgements, fines, forfeitures, in defense of any action, suit or proceeding in which the member or employee is made a party by reason of his/her having been or being such a member or employee, including without limitation, any action by or in the right of the Compact Commission for any breach of duty relating to assets. Such indemnity shall not extend to liability resulting from intentional wrongdoing, actions taken in bad faith, actions taken with willful and wanton disregard for the rights of others or conduct outside the scope of employment. 
       The Compact Commission reserves the right to seek indemnity from any present or former member or employee in the amount of any judgement, plus litigation expenses and attorney fees, when such judgement, expenses, and fees are incurred by the Compact Commission as a result of intentional wrongdoing, action taken in bad faith or with willful and wanton disregard for the rights of others, or conduct outside of scope of employment. 
       As a condition of indemnification by the Compact Commission, a present or former member or employee shall cooperate fully with the Compact Commission in defense of the action and shall, if requested by the Compact Commission, make demand for and resort to any available indemnity or defense rights made available or provide by the law of any state. 
       The obligation to indemnify created by this article shall be solely the obligation of the Compact Commission and shall not be an obligation or liability of Compact Commission members personally. Nothing contained in this Article shall detract in anyway whatsoever from the obligations of the several states to indemnify their officers and employees except in cases of conflict of interest between the Compact Commission as a body and the individual defendant. 
       The Commission's indemnification policy shall properly account for any provisions of indemnification by a state to members of its delegation.

    B. VOTING REQUIREMENTS - Each delegation or delegation member present at a meeting is required to vote on any motion or resolution presented for a vote, except that no members who participates as a witness, or who submits formal comments, testimony or exhibits in a rulemaking proceeding, conducted pursuant to 7 C.F.R. Part 1361, may participate in the Commission deliberative meeting, held pursuant to 7 C.F.R. 1361.8, and may not cast a vote on such rulemaking. 1

       1) VOTING - Each state delegation shall be entitled to one vote in the conduct of the Compact Commission's affairs. Each state, according to its own internal procedure, shall designate one member from its delegation to report its vote to the Compact Commission as a whole.

       2) MAJORITY VOTE - All actions taken by the Compact Commission shall be by majority vote of the delegations present and voting except as otherwise provided in Subsection 3.

       3) TWO-THIRDS VOTE - The following actions shall require a two-thirds vote of the delegations present and voting: the establishment or termination of an over-order price or commission marketing order, and the adoption, amendment or rescission of the Compact Commission's Bylaws.

       4) AFFIRMATIVE VOTE - The establishment of a regulated area which covers all or part of a participating state shall require also the affirmative vote of that state's delegation.

       5) QUORUM - A majority of the individual Commission members with at least one member from each delegation, shall constitute a Quorum for the conduct of the Compact Commission's business.


       A. OFFICERS - The Officers of the Commission shall be a Chair, a Vice-Chair, a Secretary and a Treasurer, elected from the Commission membership.


       1) THE CHAIR - The Chair shall preside at all meetings, sign all official orders of the Compact Commission and shall have general supervision over the business and affairs of the Commission in consultation with the Vice Chair and the Executive Director. As authorized signatory, the Chair may execute all documents, pleadings or the like which must be executed in the name of the Compact Commission. 
       In non-policy emergencies arising between meetings, the Chair, Vice-Chair and Executive Director may take action on behalf of the Compact Commission, provided where practicable, the Chair shall advise the Compact Commission by telephone of the action being proposed. 
       The Chair shall be responsible for the filing of annual reports with the Secretary of Agriculture of the United States, the Commissioners of Agriculture of the participating states, the Governors and both houses of the legislature in each state. 
       The Chair is an Ex-Officio member of all committees except the Committee on Nominations and the Audit Committee. The Chair may delegate duties and responsibilities as described to the Vice-Chair as needed.

       2) THE VICE-CHAIR - The Vice-Chair shall perform the duties of the Chair, in the event the office of Chair is vacant or in the event that the Chair is unable to perform such duties by reason of illness, disability or absence, or by delegation by the Chair.

       3) THE SECRETARY - The Secretary shall keep the official records and the Seal of the Compact Commission and certify copies of records, when required. The Secretary shall keep a record of all the proceedings and minutes of the Compact Commission and perform such duties by reason of illness, disability or absence, or by delegation by the Chair.

       4) THE TREASURER - The Treasurer shall have custody of all the funds of the Compact Commission and shall be responsible, together with the committee of Finance and the Committee on Audit, for arranging an annual audit to be completed prior to the seating of new officers. The Treasurer shall be bonded. 

               C) ELECTION OF OFFICERS

       1) ELECTION - Officers shall be elected annually in December, to take office the first of January, except those officers elected initially who shall serve from their election through the following year. Each officer shall be from a different participating state.

           i. ELECTION OF INITIAL OFFICERS - The interim Subcommittee on Officers and Nomination established on September 1, 1996, being duly composed of one member from each state, shall propose a slate of initial officer candidates to the Commission, subject to approval by a vote of the Commission. The candidates shall be drawn from among a maximum of two Commission members from each state as proposed by the state delegations. Open nominations shall also be allowed from those proposed by the state delegations when the election occurs.

           ii. SUBSEQUENT ELECTION OF OFFICERS - The Committee on Nominations shall develop and prepare a slate of candidates to be offered for election from those proposed by each of the delegations. Open nominations shall also be allowed from those proposed by the state delegations when the election occurs.

       2) ELECTION BY BALLOT - Officers shall be elected by ballot cast by each state delegation.

       3) TERMS - Officers shall be elected for a term of one year or until their successors are elected, so long as they remain members of the Compact Commission from their respective state. Officer terms shall be in concurrence with the fiscal year of the Compact Commission - January 1 through December 31. Officers may serve no more than two consecutive terms in the same office and shall hold no more than one office.

       4) VACANCIES - Any Vacancy in an office of an officer shall be filled by a recommendation of the Committee on Nominations from the Commission members proposed by state delegations and ensuring representation from each state, subject to approval of the Compact Commission. Open nominations shall also be allowed from those proposed by the state delegations at the time of the vote. State delegations shall propose additional members to the Committee on Nominations in order to ensure each state's representation on the Committee on Administration.


       The provisions of the Article do not apply to price regulation proceedings, which are governed by Article VI. 

       A. CONDUCT OF MEETINGS - All meetings shall be open to the Public at all times except for Executive Sessions, as described hereinafter in Sec. 6, and any person shall be permitted to attend. The Public, as well as the news media, may photograph, record or broadcast meetings, subject to reasonable rules regarding non-interference with the conduct of the meeting.

       1) NOTIFICATION - All Meetings of the Compact Commission shall be held in accordance with appropriate notification including written notice of the date, time and place of the meeting with complete agenda to each Commission member; or telephone confirmation in the event of an Emergency Meeting including the date, time and place of the meeting and a complete agenda. An appropriate Notice shall be sent to each Commission member; to each member state Department of Agriculture; to other state agencies pursuant to each state's procedures and requirements; the Secretary of Agriculture of the United States; the Federal Register; and posted in the Compact Commission Office.

       2) PUBLIC PARTICIPATION - All meetings will begin with up to thirty minutes of public comments on any related issue with reasonable rules established by the Chair. During a full day meeting, an additional public comment period shall be provided after the lunch break. For the purpose of these Bylaws, a member of the public is anyone not appointed to, or employed by, the Compact Commission. 
       Any Commissioner who needs to communicate privately with a member of the public during a meeting shall do so by leaving the meeting table. No member of the public shall approach a Commissioner in the course of the meeting. Commissioners shall not hold private conversations within the meeting room that interfere with the business before the Commission. 
       At any time during a meeting, a Commissioner may ask the Chair to recognize a member of the public for the sole purpose of making a presentation to the Commission of new information which is pertinent to the issue then under discussion. The speaker, with the permission of the Chair, may present pertinent information to the Commission. Presentation of persuasive arguments or attempts to advance or advocate a particular course of action shall not be permitted by this paragraph.2

       3) OCCURRENCE - A Meeting occurs when a majority of the delegations are present in one location at a formally called gathering , at a site location or attending a public hearing.

       4) VOTING - Voting on all resolutions or motions shall be open and recorded. Following deliberations in an Executive Session, votes shall be taken in open session and recorded. Voting for officers or to fill vacancies shall be pursuant to Article 4(C). 

              5) AGENDA - The Agenda for each meeting shall be prepared by the Chair in consultation with the Vice-Chair and Executive Director. Any state delegation of the Compact Commission may request items be placed on the Agenda at least seven days in advance of the mailing time for the Agenda by notifying the Chair.

           i. REQUEST FROM PUBLIC IN THE COMPACT REGION - A member of the public residing in the Compact region, other than a Compact Commission delegation member, may request that an item be placed on the agenda of a Compact Commission meeting, or request the Compact Commission to consider taking action on a particular matter, by submitting the request in writing to all the members of his/her state delegation at least seven days prior to a meeting. Any item placed on the agenda upon such request shall be identified on the agenda and shall state the name of the person making the request.

           ii. REQUEST FROM PUBLIC BEYOND THE COMPACT REGION - Any member of the public from beyond the Compact region may request that an item be placed on the agenda by notifying the Chair in writing at least seven days prior to the meeting. The Chair shall decide whether to place the request item on the agenda.

    B. ORDER OF BUSINESS MEETING - The order of business at regular meetings shall be:

               i. Public Participation 
               ii. Introduction and guests 
               iii. Consideration and approval of minutes 
               iv. Consideration of Communications 
               v. Financial or Budget Reports 
               vi. Reports 
                   Executive Director 
                   Standing Committees 
                   Special Committees 
               vii. Unfinished Business 
                   With specifics 
               viii. New Business 
                   With specifics 
                   Special Business 
               ix. Announcements 
               x. Adjournment

       The Chair may place on the Agenda under New Business any matter deemed sufficient or of pressing importance with consensus or a two-thirds vote of the delegations present.

       C. CHARACTER OF MEETINGS - Except for regular monthly meetings, the time, place and location of meetings will be at the discretion of the Chair.

       1) ANNUAL MEETING - The annual meeting of the Compact Commission for the receiving of annual reports of officers and Committees and for the acceptance of the Annual 
    Audit Report shall be held during March each year at the time and place 
    designated by the Chair, and immediately precede the regular monthly meeting. 3
       Following the Annual Meeting, the Annual Report of the Compact Commission shall be forwarded to each member of the Compact Commission, the United States Secretary of Agriculture, the Governor and Legislative bodies of each participating state and the Commissioner of Agriculture of each participating state. 4

       2) REGULAR MEETINGS - Regular meetings of the Compact Commission shall be held monthly in Concord, N.H. at a time and place designated by the Chair, unless otherwise 
    approved by the Commission. 5
       In the event of an emergency or unpredictable happening, the Chair, in consultation with the Executive Director, shall cancel a meeting via telephone or electronic communication.

       3) SPECIAL MEETINGS - Special meetings, with an agenda specifying the exclusive subjects to be considered, may be called at any time by the Chair and must be called upon a request to the Chair by any state delegation with at least seven days appropriate notice.

       4) EMERGENCY MEETINGS - Emergency Meetings shall be called at any time by the Chair in consultation with the Vice-Chair and Executive Director with at least three days notice when an emergency arises. The nature of the emergency must be specified.

       5) EXECUTIVE SESSIONS - Executive sessions of the Compact Commission may be called after the Compact Commission has convened in an open session for which appropriate notice has been give, and the members vote be a public, recorded affirmative vote of two thirds of the delegations present and voting. A motion to go into Executive Session shall indicate the nature of the business to be conducted in Executive Session. Minutes and the substance of the meetings shall not be made public. Minutes shall be included in a confidential file at the Compact Commission office. At close of the Executive session, voting on any motion shall be done by a public, recorded vote.

       Executive Sessions may be held only for the following purposes:

    i.    Appointment, employment or evaluation of an employee.

     ii.    Dismissal, promotion, compensation or disciplining of 
    an employee or investigating charges against him unless such an employee affected requests an open meeting.

    iii.    The negotiating or securing of real estate purchase options.

    iv.    Consideration of negotiation of pending claims or litigation which has been threatened in writing or filed against the Compact Commission or any member of such body until the claim or litigation has been fully  adjudicated or otherwise settled.

    v.    Clear and imminent peril to the public safety.

    vi.    A matter related to the question of the investment of public funds.

    vii.    Trade secrets including formulae, plans, process   related to business advantages.

    viii.    Deliberations on adjudicative rulings such as those related to disposition of handler petitions for modification or exemption filed pursuant to 7 CFR §138.1 et seq.6

    ix.    Consideration of information when the premature disclosure of such information would be likely to  significantly frustrate formulation of or implementation of a proposed Commission action, except that this paragraph shall not apply in any instance where the proposed action has already been disclosed to the public or where the Commission is required by law to make such disclosure.7

    x.    To request or receive legal advice.8     No meeting of members or use of electronic communication shall be used to circumvent the requirements of this section.

       6) MINUTES - Minutes of all meetings and proceedings shall be available within ten days of the meeting. Records of the votes on all motions and resolutions shall be available within forty-eight hours.9

    9 Amended at the September 25, 1997 Commission Meeting.

    i.    The Compact Commission shall keep minutes to all of its proceedings at its principle office and mail those minutes to each Compact Commission member within ten days. 10

       ii.    Unapproved minutes and associated documents shall be available to the public inspection or for reproducing at reasonable cost per copied page within ten days, given reasonable notice.

       iii.    Copies of all transcripts of all proceedings shall be available at cost.

        10 Amended at the September 25, 1997 Commission Meeting.


    11 The Price Regulation Rulemaking Procedure provisions were removed from the Bylaws and published in the Federal Register as Commission regulations; as approved at the July 1, 1998 Commission Meeting.


           A. AUTHORITY OF THE COMMISSION - The Compact Commission shall retain the ultimate responsibility for establishing and implementing its policy and for managing its affairs. The Compact Commission may authorize standing committees to review and make recommendations regarding Commission policy making and management functions. All Committee actions are subject to the approval of the Compact Commission. 

           B. MEMBERSHIP AND QUORUM - Members of all standing Committees shall be appointed by the Chair subject to approval by the Compact Commission. The Chair is an ex officio Member of all Committees of which he is not a regular member, except the Committee on Nominations and the Audit Committee. The Executive Director is also an ex officio member of all committees except the Committee on Nominations and the Audit Committee. The Vice-Chair of the Compact Commission may be designated by the Chair to be an ex officio member of each Committee of which he is not a member, except the Committee on Nominations and the Audit Committee, but shall serve only in the absence of the Chair. 
       A quorum of any Committee shall consist of a number equal to the majority of the regular members i.e. a majority of the states represented on the Committee. 
       Regular Committee members who are unable to attend a Committee meeting may designate a substitute Commission member from his/her own state to act in the place or stead of the regular member. Compact Commissioners designated as substitute Committee members pro tem shall be treated as regular members for the purpose of determining whether a quorum is present and for voting purposes.

       C. STANDING COMMITTEES - There shall be the following standing Committees, each consisting of one member from each of the Compact states, including a Chair and Vice-Chair and the ex officio members as provided, which shall perform the duties as enumerated. When two or more committees have powers relating to the same subject matter, none shall be deemed to have exclusive authority, but such Committees shall confer and cooperate and defer to the Compact Commission.

       1. COMMITTEE ON ADMINISTRATION - The Committee on Administration shall consist of six members, including the officers and two other members approved by the Commission, and be representative of each participating state on the Commission. 
       Subject to periodic review by the Compact Commission, the Committee on Administration shall develop and provide oversight of the implementation of administrative, operational and personnel policies. These policies include major personnel actions, budget development, contractual matters, major equipment leases and purchases, the employment of consultants and experts, and travel, vacation and sick leave allowances.

       2. COMMITTEE ON FINANCE - The Committee on Finance shall have general supervision of all books and accounts and shall consider all questions relating to financial matters of the Compact Commission, including the budget. The Committee, from time to time, shall make such recommendations in reference thereto as in its opinion may be desirable. It shall keep informed on the financial management of the Compact Commission. 
    The Committee on Finance shall select depositories for Compact Commission funds and shall authorize and approve investments and reinvestment thereof. 
       It shall have general supervision over insurance matters, surety bonds, and all claims of and against the Compact Commission. It shall authorize or arrange for insurance policies and surety bonds, and shall make rules relating to the amount and form thereof and relating to the acceptability of insurance carriers and sureties.

       3.AUDIT COMMITTEE - The Audit Committee shall have general supervision over the auditing process and shall take such action as it may deem necessary or desirable in connection therewith. It shall arrange for the auditing of the Compact Commission's accounts from time to time by qualified public accountants designated by the Compact Commission and shall keep informed regarding the management of the Compact Commission. 
       The Audit Committee shall cause an Annual Report to be presented to the Compact Commission on the results of its supervisory, auditing and other activities, including any recommendations which in its opinion may be desirable regarding policies and procedures to govern the administration of the affairs of the Compact Commission.

       4. COMMITTEE ON REGULATIONS AND RULE MAKING - The Committee on Regulations and Rule Making shall have general supervision over the rules and regulations of the Compact Commission, including the Price Regulation Rulemaking Procedure established by Article VI. The Committee shall recommend to the Compact Commission such additional rules and regulations as it deems necessary to implement any provisions of the Compact, or to effectuate in any other respect to the purposes of the Compact. 
       The Committee shall review requests for initiation of a price regulation proceeding as provided by Article VI. The Committee shall also recommend to the Compact Commission, as deemed necessary, whether the Commission should take action under Section 8 of the Compact.

       5. COMMITTEE ON NOMINATIONS - The Committee on Nominations shall consist of one member from each of the member states and shall have the power to make nominations for elections to the Offices of Chair, Vice-Chair, Secretary and Treasurer. The Nominating Committee shall meet at least once during the month immediately preceding the annual meeting of the Compact Commission. The meeting of the Nominating Committee shall be held pursuant to notice given by the Chair or at the request of any delegation of the Compact Commission. 
       At each meeting of the Committee, the members shall elect a Chair whose duties shall be to preside at the meeting and to submit or cause to be submitted to the Compact Commission any reports or recommendations adopted at any meeting. 
       If any offices shall become vacant for any reason other than the expiration of term, the Committee on Nominations shall meet as soon as practical therefor to make recommendations to fill the office.

    D. ADVISORY COMMITTEES - The Compact Commission may establish advisory Ad Hoc Committees to provide specialized or additional information and to make recommendations to it regarding issues before the Commission. Subject to approval by the Compact Commission, the Chair, shall appoint Committee members, including a Chair, and a Vice-Chair, and recommend a time of duration for the Committee. The advisory Ad Hoc Committee will be dissolved upon the acceptance of its report by the Compact Commission.


    1. PUBLIC PARTICIPATION - Any member of the public shall be permitted to attend committee meetings, except for Executive Sessions held pursuant to section 5 below. All committee meetings shall begin with up to ten minutes of public comments on any related issue with reasonable rules established by the Chair of the committee. The Commission shall make reasonable efforts to accommodate public attendance at any committee meeting convened by conference call. The Commission shall not bear the expense of such public attendance. 
       Commissioners, who are not members of the committee, and members of the public attending a committee meeting may participate in the meeting only as provided in this section, or with the express permission of the Chair of the committee.

    2. NOTIFICATION - As early as practicable, the Chair of the committee will ensure that each committee member, and the Compact Commission office, receives notice of each meeting. The Compact Commission office shall provide information regarding date, time and location of all scheduled committee meetings to anyone requesting the information, and shall also post the information in the office and on the Compact Commission web site.

    3. CALLING OF MEETINGS - A committee meeting may be called at any time by the Chair of the committee or by three members of the committee or by the Chair of the Commission.

    4. HEARINGS - A committee may hold hearings upon the approval of a majority of the committee members. The committee shall prescribe the purpose of the hearing and procedures for conducting the hearing consistent with these Bylaws.

    5. EXECUTIVE SESSIONS - Executive sessions of a committee may be called, after the committee has convened in open session, by a two-thirds vote of the members present. A motion to go into executive session shall indicate the nature of the business to be conducted. Executive sessions shall be held only for the purposes specified in Article V. Section C. 5 of these Bylaws. Voting on any motion shall be by a public vote at the close of the executive session. No meeting of members or use of electronic communication shall be used to circumvent the requirements of this section.

    6.      MINUTES - Each committee may take minutes of its meetings. If a committee does take minutes, the approved minutes shall be presented to the full Commission as part of the report of the committee. 

    7.     DOCUMENTS - Documents prepared by or for a committee, or otherwise submitted to a committee, shall be available to the public for inspection or for reproducing in reasonable cost per copied page within ten days, with reasonable notice given. Whenever possible, a committee chair may make such documents available, but only after sufficient copies have been made available to each committee member. 12 
    12 Subsection E. 1-7 Added at the August 5, 1998 Commission Meeting.


       A. COMPACT COMMISSION - The Compact Commission shall adopt by-laws for the conduct of its business and shall file an annual report as provided in Article V. In addition to the powers and duties elsewhere prescribed, the Compact Commission shall have the power:

           i. To sue and be sued in any state or federal court. 
           ii. To have a seal and alter the same at pleasure. 
           ii. To acquire, hold and dispose or real and personal property
               by gift, purchase, lease, license or other similar manner,
               for its corporate purposes. 
           iv. To borrow money and to issue notes, to provide for the
                rights of holders thereof and to pledge the revenue of the
                Compact Commission as security therefore. 
            v. To appoint such officers, agents, and employees as it may
       deem necessary and to prescribe their powers, duties and
           vi. To create and abolish such offices, employments and
                positions as it deems necessary for the purpose of the
                Compact and to provide for the removal, term, tenure,         compensation, fringe benefits, pension and retirement
            rights of its officers and employees. The Commission may
            also retain personal services on a contract basis.

       B. EXECUTIVE DIRECTOR - The Compact Commission shall appoint an Executive Director and fix his/her duties and compensation. The Executive Director shall serve at the pleasure of the Compact Commission and shall be bonded in an amount determined by the Commission.

       1. CHIEF EXECUTIVE OFFICER - The Executive Director shall be the chief executive officer for the Compact Commission and shall conduct the day-to-day business of the Compact Commission under the direction of and in consultation with the Chair.

       2. STAFF OVERSIGHT - Subject to oversight by the Chair or Vice-Chair and the Committee on Administration, the Executive Director shall oversee the Compact Commission staff. This responsibility includes personnel actions, the establishment of personnel policies and rules and annual performance reviews. Before any major personnel action becomes effective, the Executive Director shall confer with the Chair and receive approval from the Chair and the Committee on Administration. Major personnel action include appointments, dismissals, the creation or deletions of staff positions and performance reviews. The Committee on Administration shall report all such major personnel actions to the Compact Commission.

    3. POLICY DEVELOPMENT AND ADMINISTRATION - Subject to the oversight by the Chair and the Compact Commission, and the appropriate standing Committee, the Executive Director implements Compact Commission policy. This responsibility includes oversight of litigation involving the Compact Commission, coordination of hearing procedures, if any, conducted by the Compact Commission and administration of price regulation, if any, implemented by the Compact Commission. The latter duty includes coordination of the provision of any technical assistance by the Federal Milk Market Administrator.

    4. CONTRACTS - The Executive Director serves as the contracting officer of the Compact Commission. The Executive Director may approve and enter into contracts on behalf of the Compact Commission, or take similar actions committing the Compact Commission to the expenditure of funds and for the acquisition of property or services having a value of less than $5,000.00. For expenditures and acquisitions greater than that amount, the Executive Director shall have the approval of the Committee on Administration.

    5. SERVICE OF PROCESS - The Executive Director may accept service of process on behalf of the Compact Commission.

    7. OTHER RESPONSIBILITIES AND ACTIONS - The Executive Director shall undertake such other responsibilities as may from time to time be delegated to him by the Compact Commission and may take such other actions as are necessary and appropriate to ensure the efficiency and effectiveness of the Compact Commission's operations.

    8. DELEGATION OF DUTIES - The Executive Director may delegate any of the authorities and responsibilities assigned to him. Delegation of major duties shall be subject to the approval of the Chair.

    9. PERFORMANCE REVIEW - Under the direction of the Chair and the Committee on Administration, the Compact Commission shall conduct an annual performance review of the Executive Director.

    10. CONTRACTUAL EMPLOYMENT - The Executive Director shall be employed according to the written terms of a contract entered into with the Compact Commission.


       Except as otherwise provided by the Compact of these Bylaws, documents of the Compact Commission shall be available to the public in accordance with the federal Freedom of Information Act, 5 U.S.C. § 552.


       A. START-UP ASSESSMENT - To provide for its start-up costs, the Compact Commission may borrow money pursuant to its general power under Section 6 (d) of the Compact. In order to finance the costs of administration and enforcement, the Compact Commission may, pursuant to Section 18 of the Compact, collect an assessment from each handler who purchases milk from producers within the region. If imposed, this assessment shall be collected on a monthly basis for up to one year from the date of the Compact Commission convenes in an amount not to exceed one-tenth of one percent of the applicable federal market order blend price per hundredweight of milk purchased from the producers during the period of assessment.

       B. OVER-ORDER PRICE REGULATION - If regulations establishing an over-order price are adopted, they may include an assessment for the specific purpose of their administration. These regulations shall provide for establishment of a reserve for the Compact Commission's operating expenses.

       C. CREDIT - The Compact Commission shall not pledge the credit of any participating state or of the United States. Notes issued by the Compact Commission and all other financial obligations incurred by it, shall be its sole responsibility and no participating state or the United States shall be liable therefore.

       D. FISCAL YEAR - The fiscal year of the Compact Commission shall begin on January 1 and shall end December 31.


       CONFIDENTIALITY - Information furnished to or acquired by Compact Commission officers, members, employees, or its agents pursuant to Article VI of the Compact shall be confidential and not subject to disclosure except to the extent that the Compact Commission deems disclosure to be necessary in any administrative or judicial proceeding involving the administration or enforcement of the Compact, a Compact over-order price regulation or other regulation of the Compact.

       DISCLOSURE VIOLATION - No officer, member, employee or agent shall intentionally disclose information, by inference or otherwise, which is made confidential pursuant to this section. Any person violating the provisions of the section shall upon conviction be subject to a fine of not more than $1,000.00 or to imprisonment for not more than one year, or both, and shall be removed from office. The Compact Commission shall refer any allegation of such violation to the appropriate state enforcement authority or United States Attorney.


       A. ENTRY INTO FORCE; ADDITIONAL MEMBERS - The Compact Commission has entered into force based upon the Compact's approval by Congress and its adoption by at least three of the following states: Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont and Virginia. Any of the above states which have not yet adopted the Compact may do so at any time, and thereby place a delegation on the Compact Commission, as long as the state is contiguous to a participating state and upon Congressional approval of the state's entry into the Compact.

       B. WITHDRAWAL - Any participating state may withdraw from the Compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after notice in writing of the withdrawal is given to the Compact Commission and the governors of all other participating states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.


       The rules contained in the current edition of Robert's Rules of Order Newly Revised shall govern the Compact Commission in all cases to which they are applicable and in which they are not inconsistent with these By-laws or the Compact. ARTICLE XIV - AMENDMENTS

       Except for those provisions mandated by Federal or State Legislation, these By-laws may be amended by a resolution duly adopted at any regular or special meeting, by a two-thirds vote of the Compact Commission membership, provided that the amendment has been submitted in writing at the previous regular meeting or with at least four weeks advance notice.


       These By-laws shall take effect on November 21, 1996.

    The Northeast Dairy Compact Commission
    64 Main Street, Room 21
    Montpelier, VT 05602

    phone: (802) 229-1941 fax: (802) 229-2028