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BY-LAWS of the NORTHEAST DAIRY
COMPACT COMMISSION
BYLAWS
of the
NORTHEAST DAIRY COMPACT COMMISSION
"PREAMBLE"
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.
ARTICLE
I - NAME AND AUTHORITY; TEXT SEAL
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".
ARTICLE II
- PURPOSE
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.
ARTICLE
III - COMPACT COMMISSION MEMBERSHIP
A. MEMBERSHIP
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.
ARTICLE IV
- OFFICERS
A. OFFICERS - The Officers of the Commission
shall be a Chair, a Vice-Chair, a Secretary and a Treasurer, elected from
the Commission membership.
B. DUTIES OF OFFICERS
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.
ARTICLE V -
MEETINGS
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
Chairman
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.
ARTICLE
VI - RESERVED 11
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.
ARTICLE
VII - COMMITTEES
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.
E. CONDUCT OF COMMITTEE MEETINGS
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.
ARTICLE
VIII - ADMINISTRATIVE POWERS AND DUTIES
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
qualifications.
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.
ARTICLE
IX - ACCESS TO RECORDS
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.
ARTICLE X -
FINANCE
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.
ARTICLE
XI - CONFIDENTIALITY; PENALTY FOR VIOLATION
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.
ARTICLE
XII - ENTRY INTO FORCE; ADDITIONAL MEMBERS; WITHDRAWAL
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.
ARTICLE
XIII - PARLIAMENTARY AUTHORITY
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.
ARTICLE
XV - EFFECTIVE DATE
These By-laws shall take effect on November
21, 1996.
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