CENTRAL INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMMISSIONBy-Laws of the
Continued...
TABLE OF CONTENTS
ARTICLE IV Organization cont.
Officers of Commission * Committees * Rules * MinutesARTICLE V Staff
ARTICLE VI Finances and Accounting
Budget * Accounting * AuditARTICLE VII General Provisions
Expenses * Public Records * Withholding Records
Public Records Remedy * Annual Report * Amendments
consecutive terms. No past chairman shall be reelected until all other party states have served as chairman. In the event a vacancy is created in an office, the Secretary shall notify the Commission in writing and an election to fill such vacancy shall be held within (30) days of such notice.(3) The Chairman shall preside over all Annual, regular, special and emergency meetings of the Commission and shall have such other duties as are enumerated in these By-Laws and as the Commission may direct.
(4) There is hereby created the position of "Executive Director" to the Commission who shall also serve as Secretary to the Commission. The Executive Director shall be appointed by and serve under the terms and conditions, and at the compensation, pleasure and discretion of the Commission irrespective of the civil service, personnel or other merit laws of any state or federal government. The Executive Director shall have such duties as are enumerated in these By-Laws and such other duties as the Commission may direct but shall have no vote.
Table of Contents (G) Committees. The Commission may establish such committees as it deems necessary for the purpose of advising the Commission on any and all matters of interest to the Corhmissi6n, as may be appropriate under the terms of the Compact. The Chairman shall appoint all committee members, shall designate a member of each committee as Chairman, and
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shall establish the duration of each committee's existence. Except with respect to a litigation Committee each member of the Commission may participate as a non-voting member, directly, or through a non-voting delegate. The Commissioner or Alternate Commissioner representing a member state that is involved in litigation or imminent litigation adverse to the Commission shall not be a direct or indirect member of the Committee. The Committee shall report to the Commission at duly noticed Commission Meetings on the results of its Committee Meeting for Commission consideration, response, or action.
Table of Contents (H) Rules of Procedure. The official rules of procedure of the Commission shall be "Robert's Rules of Order". In the event of a conflict between Robert's Rules of Order and these By-Laws the terms of the By-Laws shall prevail.
Table of Contents (I) Correspondence. The Executive Director shall, at the direction of the Commission, establish an office and mailing address on behalf of the Commission. All official correspondence of the Commission shall be transmitted to and from the address established by the Executive Director.
(J) Authority to Represent the Commission whenever a situation arises that requires the Commission to be represented at any meeting, conference, hearing or other event, the Chairman and/or Executive Director shall attend as the official representative of the Commission. The Chairman may appoint other members of the Commission in the event greater representation is called for, or another representative as may be
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appropriate. In the event another representative other than an employee of the Commission or a Commissioner is appointed, consensus of the Commission shall be obtained. When in an official capacity, Commission representatives shall act in accordance with the specific instructions of the Commission or in the absence of such specific instructions, in accordance with formally adopted policies of the Commission.
(K) Minutes of Meetings. Minutes of all meetings shall be kept by the Executive Director and drafts thereof shall be circulated to all Commission members within thirty (30) days following the meeting. In the case of special meetings, the draft minutes shall be disseminated as soon as practicable after the meeting.
Table of Contents (L) Vacancies. Any vacancy on the Commission shall be filled according to the laws of the state from which the Commissioner served.
ARTICLE V
Staff
(A) Executive Director. In addition to any other duties established by these By-Laws, or as may otherwise be specified by the Commission, the Executive Director, under the direction and supervision of the Commission, shall:(1) appoint and remove or discharge such personnel as may be necessary for the performance of the Commission’s functions irrespective of the civil service, personnel or19
other merit laws of any of the party states or the federal government;
(2) establish such office rules of procedure as may be necessary for the orderly transaction of daily business including policies concerning staff vacations and leave, fringe benefits, overtime compensation and a staff insurance program.
(3) pursuant to formal Commission review and approval, install and maintain a system of accounts and audit and approve bills, claims and demands and warrant their payment;
(4) effectuate and enforce all policies and resolutions adopted by the Commission;
(5) annually report the Commission in writing on the progress of work;
(6) prepare proposed annual work programs, budgets, funding plans and appropriate applications for Commission review;
(7) coordinate the Commission's plans and programs with federal, state, regional, county and local governments and other agencies;
(8) prepare for Commission approval proposed operating policies and resolutions, meeting agenda, etc. and undertake other tasks as directed by the Commission;
(9) enter into an agreement, pursuant to formal Commission review and approval, for participation of the staff in a Retirement System Program; and
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(10) with the approval of the Commission, enter into agreements providing for obtaining consulting services and making payment therefore.
(11) provide fiscal analysis as deemed necessary and appropriate by the Commission.
(B) Vacancy. In the event that the position of Executive Director becomes vacant, the Chairman may act as such on a temporary basis or appoint an acting Executive Director until the Commission is able to convene for the purpose of appointing a new Executive Director
(C) Removal of Executive Director from office. The Executive Director may be removed from office only upon the affirmative vote of a majority of the membership.
ARTICLE VI
Finances and Accounting
(A) Finances. The fiscal year of the Commission shall begin on the 1st day of July and shall end on the 30th day of June of each year.(B) Annual Commission Budget. The Commission, after consultation with the Executive Director, shall adopt an annual budget at its regularly scheduled annual meeting. The annual budget may be amended as the Commission determines is necessary. The Chairman is authorized to approve supplemental budget changes in the annual budget that do not exceed twenty percent (20%) of the budgeted categories. The Executive Director shall advise the members of such approval
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within fifteen (15) days of action. In accordance with the provisions of applicable state law, each host state shall take appropriate steps to levy and collect those surcharges necessary to finance the annual budget of the Commission.
Annual Project Budget. The Commission shall review the project budget at its regularly scheduled annual meeting.
(C) Acceptance of Donations and Grants of Money. The Commission may accept for any of its purposes and functions any and all donations, grants of money, equipment, supplies, materials and services (conditional or otherwise) from any state or the United States or any subdivision or agency thereof, or interstate agency, or from any institution, person, firm or -corporation, and may receive, utilize and dispose of the same. The nature1 amount and condition, if any, attendant upon any donation or grant accepted pursuant to this paragraph together with the identity of the donor, grantor or lender, shall be detailed in the annual report of the Commission.
(D) The selection of a Bank as a Depository for the Commission's Funds. The Chairman and Executive Director shall from time to time designate such bank or banks as the official depository authorized and directed to pay checks and other orders for the payment of money, including those drawn to the individual order of a signer, when signed by the Executive Director or such other person may otherwise be required by these By-Laws.
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(E) Responsibility for Signing Commission Checks and Drafts. All checks, drafts or other documents for the withdrawal of funds of the Commission shall be signed by the Executive Director, or Chairman. Any such check, draft or other document which is not related to the payroll and is in excess of $5,000, shall be countersigned by the Chairman. Endorsement of checks to be deposited to the credit of the Commission shall be by either the Executive Director or the Chairman.
(F) Purchasing. The Executive Director shall purchase all commodities for the Commission, subject to the limitations of this section. Whenever possible and practical, within the discretion of the Executive Director, all purchases shall be based upon competitive bids. Competitive bids shall not be required for the purchase of any commodity, the total cost of which does not exceed $1,500.
The Executive Director shall not be financially interested or have any beneficial personal interest, directly or indirectly, in the purchase of any services or commodity, or in any firm, partnership, corporation, or association furnishing such.
Table of Contents (G) Accounting Procedures. Orderly and accurate methods of accounting shall be used when handling all funds received and disbursed by the Commission. The Commission's accounts shall be recorded and maintained based upon generally accepted accounting procedures. Any accounting procedures required by a grant or other funding source shall be used in the handling of such funds.
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Table of Contents
(H) Annual Audit of Commission Budget. An independent certified public accountant selected by the Commission shall annually audit all receipts and disbursements of Commission funds and submit an audit report to the Commission. All other funds received and disbursed by the Commission shall also be audited by an Independent Certified Public Accountant on at least an annual basis. Such audit report shall be made a part of the annual report of the Commission.
Audit of Project Budget. whenever it deems appropriate, the Commission may direct that an independent certified ptiblic accountant, selected by the Commission, audit all receipts and disbursements of project funds and submit an audit report to the Commission. Such audit report shalflbe hade a part of the annual report of the Commission.
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ARTICLE VII
General Provision
(A) Seal. The seal of the Commission shall be affixed to or imprinted upon all official reports of the Commission, certificates of copies of papers or records, official copies of minutes of meetings and any other instrument which by law are required to be under seal. The Executive Director shall, upon approval of the Commission, purchase a seal for the Commission and keep it at the Commission's office.Table of Contents (B) Expenses. Each state shall be responsible for the expenses of its member of the Commission. Costs associated with Chairing the Commission shall be covered by the Commission and shall be considered part of the Commission budget. The Chairman may, however, from funds obligated for such purposes, approve the payment of expenses of a member(s) and/or designee to attend official functions and meetings of the Commission at the request of the Chairman.
Table of Contents (C) Public Records Policy and Exceptions.
(1) Except as otherwise expressly provided by the compact, by other federal law, or by these By-Laws, all citizens of the compact states, and all other persons interested in the examination of the Commission's public records maintained in the Commission's office, as defined in the Rules and By-Laws are hereby fully empowered and authorized to examine the same and to make memoranda and abstracts therefrom, all free of charge, during the25
hours the respective offices may be kept open for the ordinary transaction of business. In addition, photocopies of photocopyable public records may be requested and shall be provided at a reasonable fee, closely reflecting the cost to the Commission providing such copies.
(2) Except where the compact, any other federal statute, or Commission By-Law expressly provides that particular information or records shall not be made public, the Commission's public records shall include all records and documents, regardless of physical form, of or belonging to this Commission or a committee of the Commission. Data which are a Commission record in their original form shall remain a Commission record when maintained in computer files. The Commission shall take all reasonable measures to protect the integrity and security of all its records. In particular, electronically stored information shall be provided for examination and Copying only in hard copy; and computer disks shall not be released from the custody of the Commission staff.
(3) This By-Law shall be liberally construed whenever any Commission fiscal record, audit, warrant, voucher, invoice, purchase order, requisition, payroll, check, receipt, or other record of receipt, cash or expenditure involving Commission funds is involved in order that the citizens of the compact states shall have full rights to know of, and have full access to, information on the finances of the Commission.
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(4) The following records or portions of records, unless publicly disclosed in an open court, open administrative proceeding, or open meeting, or otherwise publicly disclosed by the Commission pursuant to its duties, may be withheld from the public by the Commission:
(a) Trade secrets, academic and scientific research work which is in progress and unpublished, and proprietary information received from the Commission's contractors and contractees.(b) Records which (1) are attorney-client privileged or which (2) represent the work product of an attorney and the Commission related to preparation for litigation, labor negotiations, or claims made by or against the public body of which are confidential communications as otherwise prescribed or defined in the By-Laws.
(c) Records developed or received by the Commission when the records constitute a part of an official investigatory examination, investigation, intelligence information, citizen complaints, or inquiries1 informant identification, or strategic or tactical information pertaining to an investigatory matter.
(d) Appraisals or appraisal information and negotiation records concerning the purchase or sale by the Commission of any interest in real or
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personal property prior to completion of the purchase or sale.
(e) Personal information in records regarding the members and personnel of the Commission, other than salaries, expense records, and routine directory information.
(f) Information pertaining to protection of the physical security of Commission members and personnel and Commission property, such as security plans, guard schedules or lock combinations.
(g) Records or portions of records kept by the Commission which would reveal the location, character, or ownership or any known archaeological, historical or paleontological site in a compact state when necessary to protect such site from a reasonably held fear of theft, vandalism or trespass. This section shall not apply to the release of information for the purpose of scholarly research, examination by other public bodies, or for the protection of the resource by recognized tribes, the Unmarked Human Burial Site and Skeletal Remains Protection Act, or the federal Native American Graves Protection and Reparation Act.
(h) Notwithstanding the foregoing subsections (a) through (h), any reasonable segregable public portion of a record shall be provided to the public as
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a Commission record upon request after deletion of the portions which may be withheld.
(i) If it is determined by any state or federal department or agency or other state or federal source of funds, services, or essential information that any provision of this By-Law would cause the denial of any funds, services, or essential information from them which would otherwise definitely be available to the Commission, such provision shall be suspended as to such agency, but only to the extent necessary to preyent denial of such funds, services, or essential information.
Table of Contents (1) Any person whose request to inspect commission records has been denied shall receive in written form from the Commission at least the following information:(a) A description of the contents of the records withheld and a statement of the specific reasons for the denial, correlating specific. portions of the records to specific reasons for the denial, including citations to the portion of these By-Laws relied on as authority for the denial.(b) The name of the official or employee responsible for the decision to deny the request.
(c) Notification to the requester of the administrative remedy and subsequent judicial right of review, as set forth in this By-Law.
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The Commission shall maintain a file of all letters of denial of requests for records. This file shall be made available for inspection to any person on request.
(2) Any person or party state which believes any action of the Commission is inconsistent with or violates the public records provisions of these By-Laws shall notify the Commission, in writing of the perceived inconsistency or violation within fifteen (15) days of the action which forms the basis for the complaint. Such notification must specify the facts claimed to establish the violation. Upon receipt of such a complaint the Commission will review the complaint and respond within thirty (30) days and, if it finds that these By-Laws have been violated; may thereafter correct such violation by making records available for public inspection or by taking any other relevant action consistent with these By-Laws.
(3) If the Commission declined to take corrective action, or if action taken by the Commission does not fully correct the perceived violation of these By-Laws, the complaintant may seek relief in accordance with Article IVO) of the Compact. For purposes of Article IVO) of the Compact no action of the Commission shall be deemed to be a decision of the Commission regarding public records until the complaint corrective process set out in the preceding paragraph of these By-Laws has been exhausted.
Table of Contents (E) Annual Report. The Commission shall make an annual report no later than September 1, of each year to the Governor and the
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presiding officer of each body of the legislature of the party states regarding the activities of the Commission during the preceding year and embodying such recommendations as have been adopted by the Commission. Each such report shall include a copy of the most recent annual Commission audit required pursuant to Article VI, Section (H) of these By-Laws. The Annual Report shall also address the following:
(1) Commission and project budgets;(2) Waste generation and disposition throughout the Compact region and costs of same; and
(3) Significant events.
(F) Nondiscrimination. The Commission shall not discriminate against any person solely on account of race, creed, color, sex, or national origin.
(G) Policies and Procedures. The Commission may adopt such other Policies and Procedures that are not in conflict with the Compact or these By-Laws, as it deems necessary to perform its powers and duties:
Table of Contents (H) Amendment. These By-Laws or any part thereof may be amended, repealed or replaced by other By-Laws at any regular meeting of the Commission: provided that notice of the proposed amendment repeal or replacement is given 30 days prior to the meeting at which such amendment repeal or replacement is to be voted. Such notice shall include the full text of the motion or resolution by which the amendment repeal or replacement is proposed to be made. Such text shall
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include verbatim the proposed amendment or replacement, if any.
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