Common use of The Commission Clause in Contracts

The Commission. The compacting states hereby create the Midwestern Higher Education Commission, hereinafter called the Commission. The Commission shall be a body corporate of each compacting state. The Commission shall have all the responsibilities, powers and duties set forth herein, including the power to xxx and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this Compact. The Commission shall consist of five resident members of each state as follows: the governor or the governor's designee who shall serve during the tenure of office of the governor; two legislators, one from each house (except Nebraska, which may appoint two legislators from its Unicameral Legislature), who shall serve two-year terms and be appointed by the appropriate appointing authority in each house of the legislature; and two other at-large members, at least one of whom shall be selected from the field of higher education. The at-large members shall be appointed in a manner provided by the laws of the appointing state. One of the two at-large members initially appointed in each state shall serve a two- year term. The other, and any regularly appointed successor to either at-large member, shall serve a four-year term. All vacancies shall be filled in accordance with the laws of the appointed states. Any commissioner appointed to fill a vacancy shall serve until the end of the incomplete term. The Commission shall select annually, from among its members, a chairperson, a vice chairperson and a treasurer. The Commission shall appoint an executive director who shall serve at its pleasure and who shall act as secretary to the Commission. The treasurer, the executive director and such other personnel as the Commission may determine, shall be bonded in such amounts as the Commission may require. The Commission shall meet at least once each calendar year. The chairperson may call additional meetings and upon the request of a majority of the Commission members of three or more compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public. Each compacting state represented at any meeting of the Commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Commission.

The Commission. (a) The compacting states hereby create metropolitan culture district shall be governed by the Midwestern Higher Education Commission, hereinafter called the Commission. The Commission metropolitan culture commission which shall be a body corporate and politic and which shall be composed of resident electors of the states of Kansas and Missouri, respectively, as follows: (1) A member of the governing body of each compacting state. The Commission shall have all the responsibilities, powers and duties set forth herein, including the power to xxx and be sued, and such additional powers as may be conferred upon it by subsequent action county which is a part of the respective legislatures of the compacting states in accordance with the terms of this Compact. The Commission shall consist of five resident members of each state as follows: the governor or the governor's designee who shall serve during the tenure of office of the governor; two legislators, one from each house (except Nebraska, which may appoint two legislators from its Unicameral Legislature)district, who shall serve two-year terms be appointed by majority vote of such governing body; (2) a member of the governing body of each city, with a population according to the most recent federal census of at least 50,000, located in whole or in part within each county which is a part of the district, who shall be appointed by majority vote of such governing body; (3) two members of the governing body of a county with a consolidated or unified county government and city of the first class which is a part of the district, who shall be appointed by majority vote of such governing body; (4) a member of the arts commission of Kansas or the Kansas commission for the humanities, who shall be appointed by the appropriate appointing authority in each house governor of Kansas; and (5) a member of the legislature; and two other at-large membersarts commission of Missouri or the Missouri humanities council, at least one of whom shall be selected from the field of higher education. The at-large members who shall be appointed in a manner provided by the laws governor of Missouri. To the extent possible, the gubernatorial appointees to the commission shall be residents of the district. The term of each commissioner initially appointed by a county governing body shall expire concurrently with such commissioner's tenure as a county officer or three years after the date of appointment as a commissioner, whichever occurs sooner. The term of each commissioner succeeding a commissioner initially appointed by a county governing body shall expire concurrently with such successor commissioner's tenure as a county officer or four years after the date of appointment as a commissioner, whichever occurs sooner. The term of each commissioner initially appointed by a city governing body shall expire concurrently with such commissioner's tenure as a city officer or two years after the date of appointment as a commissioner, whichever occurs sooner. The term of each commissioner succeeding a commissioner initially appointed by a city governing body shall expire concurrently with such successor commissioner's tenure as a city officer or four years after the date of appointment as a commissioner, whichever occurs sooner. The term of each commissioner appointed by the governor of Kansas or the governor of Missouri shall expire concurrently with the term of the appointing state. One governor, the commissioner's tenure as a state officer, or four years after the date of appointment as a commissioner of the two at-large members initially appointed district, whichever occurs sooner. Any vacancy occurring in each state shall serve a two- year term. The other, and any regularly appointed successor to either at-large member, shall serve a four-year term. All vacancies commissioner position for reasons other than expiration of terms of office shall be filled filled for the unexpired term by appointment in accordance with the laws of same manner that the appointed statesoriginal appointment was made. Any commissioner appointed to fill a vacancy shall serve until may be removed for cause by the end appointing authority of the incomplete term. commissioner. (b) The Commission commission shall select annually, from among its membersmembership, a chairperson, a vice chairperson vice-chairperson, and a treasurer. The Commission shall appoint an executive director who shall serve at its pleasure and who shall act as secretary to the Commission. The treasurer, the executive director and such other personnel as the Commission may determine, treasurer shall be bonded in such amounts as the Commission commission may require. (c) The commission may appoint such officers, agents and employees as it may require for the performance of its duties, and shall determine the qualifications and duties and fix the compensation of such officers, agents and employees. (d) The commission shall fix the time and place at which its meetings shall be held. The Commission Meetings shall meet at least once each calendar year. The chairperson may call additional meetings be held within the district and upon shall be open to the request of a majority of the Commission members of three or more compacting states, shall call additional meetingspublic. Public notice shall be given of all meetings and meetings shall be open to the public. Each compacting state represented at any meeting of the Commission is entitled to one vote. meetings. (e) A majority of the compacting states commissioners from each state shall constitute constitute, in the aggregate, a quorum for the transaction of business. No action of the commission shall be binding unless taken at a meeting at which at least a quorum is present, and unless a larger quorum majority of the commissioners from each state, present at such meeting, shall vote in favor thereof. No action of the commission taken at a meeting thereof shall be binding unless the subject of such action is required included in a written agenda for such meeting, the agenda and notice of meeting having been mailed to each commissioner by postage paid first-class mail at least 14 calendar days prior to the meeting. (f) The commissioners from each state shall be subject to the provisions of the laws of the states of Kansas and Missouri, respectively, which relate to conflicts of interest of public officers and employees. If any commissioner has a direct or indirect financial interest in any cultural facility, organization or activity supported by the bylaws district or commission or in any other business transaction of the Commissiondistrict or commission, the commissioner shall disclose such interest in writing to the other commissioners and shall abstain from voting on any matter relating to such facility, organization or activity or to such business transaction. (g) If any action at law or equity, or other legal proceeding, shall be brought against any commissioner for any act or omission arising out of the performance of duties as a commissioner, the commissioner shall be indemnified in whole and held harmless by the commission for any judgment or decree entered against the commissioner and, further, shall be defended at the cost and expense of the commission in any such proceeding.

The Commission. (a) The compacting states hereby create metropolitan culture district shall be governed by the Midwestern Higher Education Commission, hereinafter called the Commission. The Commission metropolitan culture commission which shall be a body corporate and politic and which shall be composed of resident electors of the states of Kansas and Missouri, respectively, as follows: (1) A member of the governing body of each compacting state. The Commission shall have all the responsibilities, powers and duties set forth herein, including the power to xxx and be sued, and such additional powers as may be conferred upon it by subsequent action county which is a part of the respective legislatures of the compacting states in accordance with the terms of this Compact. The Commission shall consist of five resident members of each state as follows: the governor or the governor's designee who shall serve during the tenure of office of the governor; two legislators, one from each house (except Nebraska, which may appoint two legislators from its Unicameral Legislature)district, who shall serve two-year terms be appointed by majority vote of such governing body; (2) a member of the governing body of each city, with a population according to the most recent federal census of at least 50,000, located in whole or in part within each county which is a part of the district, who shall be appointed by majority vote of such governing body; (3) two members of the governing body of a county with a consolidated or unified county government and city of the first class which is a part of the district, who shall be appointed by majority vote of such governing body; (4) a member of the arts commission of Kansas or the Kansas commission for the humanities, who shall be appointed by the appropriate appointing authority in each house governor of Kansas; and (5) a member of the legislature; and two other at-large membersarts commission of Missouri or the Missouri humanities council, at least one of whom shall be selected from the field of higher education. The at-large members who shall be appointed in a manner provided by the laws governor of Missouri. To the extent possible, the gubernatorial appointees to the commission shall be residents of the district. The term of each commissioner initially appointed by a county governing body shall expire concurrently with such commissioner's tenure as a county officer or three years after the date of appointment as a commissioner, whichever occurs sooner. The term of each commissioner succeeding a commissioner initially appointed by a county governing body shall expire concurrently with such successor commissioner's tenure as a county officer or four years after the date of appointment as a commissioner, whichever occurs sooner. The term of each commissioner initially appointed by a city governing body shall expire concurrently with such commissioner's tenure as a city officer or two years after the date of appointment as a commissioner, whichever occurs sooner. The term of each commissioner succeeding a commissioner initially appointed by a city governing body shall expire concurrently with such successor commissioner's tenure as a city officer or four years after the date of appointment as a commissioner, whichever occurs sooner. The term of each commissioner appointed by the governor of Kansas or the governor of Missouri shall expire concurrently with the term of the appointing state. One governor, the commissioner's tenure as a state officer, or four years after the date of appointment as a commissioner of the two at-large members initially appointed district, whichever occurs sooner. Any vacancy occurring in each state shall serve a two- year term. The other, and any regularly appointed successor to either at-large member, shall serve a four-year term. All vacancies commissioner position for reasons other than expiration of terms of office shall be filled for the unexpired term by appointment in accordance with the laws of same manner that the appointed statesoriginal appointment was made. Any commissioner appointed to fill a vacancy shall serve until may be removed for cause by the end appointing authority of the incomplete term. commissioner. (b) The Commission commission shall select annually, from among its membersmembership, a chairperson, a vice chairperson vice-chairperson, and a treasurer. The Commission shall appoint an executive director who shall serve at its pleasure and who shall act as secretary to the Commission. The treasurer, the executive director and such other personnel as the Commission may determine, treasurer shall be bonded in such amounts as the Commission commission may require. (c) The commission may appoint such officers, agents and employees as it may require for the performance of its duties, and shall determine the qualifications and duties and fix the compensation of such officers, agents and employees. (d) The commission shall fix the time and place at which its meetings shall be held. The Commission Meetings shall meet at least once each calendar year. The chairperson may call additional meetings be held within the district and upon shall be open to the request of a majority of the Commission members of three or more compacting states, shall call additional meetingspublic. Public notice shall be given of all meetings and meetings shall be open to the public. Each compacting state represented at any meeting of the Commission is entitled to one vote. meetings. (e) A majority of the compacting states commissioners from each state shall constitute constitute, in the aggregate, a quorum for the transaction of business. No action of the commission shall be binding unless taken at a meeting at which at least a quorum is present, and unless a larger quorum majority of the commissioners from each state, present at such meeting, shall vote in favor thereof. No action of the commission taken at a meeting thereof shall be binding unless the subject of such action is required included in a written agenda for such meeting, the agenda and notice of meeting having been mailed to each commissioner by postage paid first-class mail at least 14 calendar days prior to the meeting. (f) The commissioners from each state shall be subject to the provisions of the laws of the states of Kansas and Missouri, respectively, which relate to conflicts of interest of public officers and employees. If any commissioner has a direct or indirect financial interest in any cultural facility, organization or activity supported by the bylaws district or commission or in any other business transaction of the Commissiondistrict or commission, the commissioner shall disclose such interest in writing to the other commissioners and shall abstain from voting on any matter relating to such facility, organization or activity or to such business transaction. (g) If any action at law or equity, or other legal proceeding, shall be brought against any commissioner for any act or omission arising out of the performance of duties as a commissioner, the commissioner shall be indemnified in whole and held harmless by the commission for any judgment or decree entered against the commissioner and, further, shall be defended at the cost and expense of the commission in any such proceeding.

The Commission. (a) The compacting states hereby create the Midwestern Higher Education Commissionmidwestern higher education commission, hereinafter here- inafter called “the Commissioncommission”. The Commission commission shall be a body corporate of each compacting state. The Commission commission shall have all the responsibilities, powers and duties set forth herein, including includ- ing the power to xxx sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this Compact. compact. (b) The Commission commission shall consist of five 5 resident members of each state as follows: the governor or the governor's ’s designee who shall serve during the tenure of office of the governor; two legislators2 legisla- tors, one from each house (except Nebraska, which may appoint two 2 legislators from its Unicameral Legislatureunicameral legislature), who shall serve two-year 2−year terms and be appointed by the appropriate appointing authority in each house of the legislature; and two 2 other at-large at−large members, at least one of whom shall be selected from the field of higher education. The at-large at−large members shall be appointed in a manner provided by the laws of the appointing state. One of the two at-large 2 at−large members initially appointed in each state shall serve a two- year 2−year term. The other, and any regularly appointed successor to either at-large at−large member, shall serve a four-year 4−year term. All vacancies shall be filled in accordance with the laws of the appointed appointing states. Any commissioner appointed to fill a vacancy shall serve until the end of the incomplete term. . (c) The Commission commission shall select annually, from among its members, a chairperson, a vice chairperson and a treasurer. . (d) The Commission commission shall appoint an executive director who shall serve at its pleasure and who shall act as secretary to the Commissioncom- mission. The treasurer, the executive director and such other personnel per- sonnel as the Commission commission may determine, shall be bonded in such amounts as the Commission commission may require. . (e) The Commission commission shall meet at least once each calendar year. The chairperson may call additional meetings and and, upon the request of a majority of the Commission commission members of three 3 or more compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public. . (f) Each compacting state represented at any meeting of the Commission commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Commissioncommis- sion.

The Commission. (a) The compacting states hereby create metropolitan culture district shall be governed by the Midwestern Higher Education Commission, hereinafter called the Commission. The Commission metropolitan culture commission which shall be a body corporate and politic and which shall be composed of resident electors of the states of Kansas and Missouri, respectively, as follows: (1) A member of the governing body of each compacting state. The Commission shall have all the responsibilities, powers and duties set forth herein, including the power to xxx and be sued, and such additional powers as may be conferred upon it by subsequent action county which is a part of the respective legislatures of the compacting states in accordance with the terms of this Compact. The Commission shall consist of five resident members of each state as follows: the governor or the governor's designee who shall serve during the tenure of office of the governor; two legislators, one from each house (except Nebraska, which may appoint two legislators from its Unicameral Legislature)district, who shall serve two-year terms be appointed by majority vote of such governing body; (2) a member of the governing body of each city, with a population according to the most recent federal census of at least 50,000, located in whole or in part within each county which is a part of the district, who shall be appointed by majority vote of such governing body; (3) two members of the governing body of a county with a consolidated or unified county government and city of the first class which is a part of the district, who shall be appointed by majority vote of such governing body; (4) a member of the arts commission of Kansas or the Kansas commission for the humanities, who shall be appointed by the appropriate appointing authority in each house governor of Kansas; and (5) a member of the legislature; and two other at-large membersarts commission of Missouri or the Missouri humanities council, at least one of whom shall be selected from the field of higher education. The at-large members who shall be appointed in a manner provided by the laws governor of Missouri. To the extent possible, the gubernatorial appointees to the commission shall be residents of the district. The term of each commissioner initially appointed by a county governing body shall expire concurrently with such commissioner's tenure as a county officer or three years after the date of appointment as a commissioner, whichever occurs sooner. The term of each commissioner succeeding a commissioner initially appointed by a county governing body shall expire concurrently with such successor commissioner's tenure as a county officer or four years after the date of appointment as a commissioner, whichever occurs sooner. The term of each commissioner initially appointed by a city governing body shall expire concurrently with such commissioner's tenure as a city officer or two years after the date of appointment as a commissioner, whichever occurs sooner. The term of each commissioner succeeding a commissioner initially appointed by a city governing body shall expire concurrently with such successor commissioner's tenure as a city officer or four years after the date of appointment as a commissioner, whichever occurs sooner. The term of each commissioner appointed by the governor of Kansas or the governor of Missouri shall expire concurrently with the term of the appointing state. One governor, the commissioner's tenure as a state officer, or four years after the date of appointment as a commissioner of the two at-large members initially appointed district, whichever occurs sooner. Any vacancy occurring in each state shall serve a two- year term. The other, and any regularly appointed successor to either at-large member, shall serve a four-year term. All vacancies commissioner position for reasons other than expiration of terms of office shall be filled for the unexpired term by appointment in accordance with the laws of same manner that the appointed statesoriginal appointment was made. Any commissioner appointed to fill a vacancy shall serve until may be removed for cause by the end appointing authority of the incomplete term. commissioner. (b) The Commission commission shall select annually, from among its membersmembership, a chairperson, a vice chairperson vice- chairperson, and a treasurer. The Commission shall appoint an executive director who shall serve at its pleasure and who shall act as secretary to the Commission. The treasurer, the executive director and such other personnel as the Commission may determine, treasurer shall be bonded in such amounts as the Commission commission may require. (c) The commission may appoint such officers, agents and employees as it may require for the performance of its duties, and shall determine the qualifications and duties and fix the compensation of such officers, agents and employees. (d) The commission shall fix the time and place at which its meetings shall be held. The Commission Meetings shall meet at least once each calendar year. The chairperson may call additional meetings be held within the district and upon shall be open to the request of a majority of the Commission members of three or more compacting states, shall call additional meetingspublic. Public notice shall be given of all meetings and meetings shall be open to the public. Each compacting state represented at any meeting of the Commission is entitled to one vote. meetings. (e) A majority of the compacting states commissioners from each state shall constitute constitute, in the aggregate, a quorum for the transaction of business. No action of the commission shall be binding unless taken at a meeting at which at least a quorum is present, and unless a larger quorum majority of the commissioners from each state, present at such meeting, shall vote in favor thereof. No action of the commission taken at a meeting thereof shall be binding unless the subject of such action is required included in a written agenda for such meeting, the agenda and notice of meeting having been mailed to each commissioner by postage paid first-class mail at least 14 calendar days prior to the meeting. (f) The commissioners from each state shall be subject to the provisions of the laws of the states of Kansas and Missouri, respectively, which relate to conflicts of interest of public officers and employees. If any commissioner has a direct or indirect financial interest in any cultural facility, organization or activity supported by the bylaws district or commission or in any other business transaction of the Commissiondistrict or commission, the commissioner shall disclose such interest in writing to the other commissioners and shall abstain from voting on any matter relating to such facility, organization or activity or to such business transaction. (g) If any action at law or equity, or other legal proceeding, shall be brought against any commissioner for any act or omission arising out of the performance of duties as a commissioner, the commissioner shall be indemnified in whole and held harmless by the commission for any judgment or decree entered against the commissioner and, further, shall be defended at the cost and expense of the commission in any such proceeding.

The Commission. (a) The compacting states hereby create education com- mission of the Midwestern Higher Education Commissionstates, hereinafter called “the Commissioncommission”, is xxxxxx established. The Commission shall be a body corporate of each compacting state. The Commission shall have all the responsibilities, powers and duties set forth herein, including the power to xxx and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this Compact. The Commission commission shall consist of five resident 7 members representing each party state. One of such members shall be gov- ernor; 2 shall be members of each the state legislature selected by its respective houses and serving in such manner as follows: the governor or legislature may determine; and 4 shall be appointed by and serve at the governor's designee who shall serve during the tenure of office plea- sure of the governor; two legislators, one from each house (except Nebraska, which may appoint two unless the laws of the state otherwise pro- vide. If the laws of a state prevent legislators from its Unicameral Legislature)serving on the commission, who shall serve two-year terms and be appointed by the appropriate appointing authority in each house of the legislature; and two other at-large members, at least one of whom shall be selected from the field of higher education. The at-large 6 members shall be appointed in a manner provided by and serve at the pleasure of the governor, unless the laws of the appointing statestate otherwise provide. One In addition to any other principles or requirements which a state may establish for the appointment and service of its mem- bers of the two at-large members initially appointed in commission, the guiding principle for the composition of the membership on the commission from each party state shall serve be that the members representing such state shall, by virtue of their training, experience, knowledge or affiliations be in a two- year termposition collectively to reflect broadly the interests of the state govern- ment, higher education, the state education system, local educa- tion, lay and professional, public and nonpublic educational lead- ership. Of those appointees, one shall be the head of a state agency or institution, designated by the governor, having responsibility for one or more programs of public education. In addition to the members of the commission representing the party states, there may be not to exceed 10 nonvoting commissioners selected by the steering committee for terms of one year. Such commissioners shall represent leading national organizations of professional edu- cators or persons concerned with educational administration. (b) The members of the commission shall be entitled to one vote each on the commission. No action of the commission shall be binding unless taken at a meeting at which a majority of the total number of votes on the commission are cast in favor thereof. Action of the commission shall be only at a meeting at which a majority of the commissioners are present. The othercommission shall meet at least once a year. In its bylaws, and subject to such direc- tions and limitations as may be contained therein, the commission may delegate the exercise of any regularly appointed successor of its powers to either at-large memberthe steering com- mittee or the executive director, shall serve a four-year termexcept for the power to approve budgets or requests for appropriations, the power to make policy recommendations pursuant to sub. All vacancies shall be filled in accordance with the laws (4) and adoption of the appointed statesannual report pursuant to par. Any commissioner appointed to fill (j). (c) The commission shall have a vacancy seal. (d) The commission shall serve until the end of the incomplete term. The Commission shall select elect annually, from among its membersmem- bers, a chairperson, who shall be a governor, a vice chairperson and a treasurer. The Commission commission shall appoint provide for the appoint- ment of an executive director. Such executive director who shall serve at its the pleasure of the commission, and who shall act as secretary to together with the Commission. The treasurer, the executive director treasurer and such other personnel as the Commission commission may determine, deem appropri- ate shall be bonded in such amounts amount as the Commission may requirecommission shall deter- mine. The Commission executive director shall meet at least once be secretary. (e) Irrespective of the civil service, personnel or other merit system laws of any of the party states, the executive director sub- ject to the approval of the steering committee shall appoint, remove or discharge such personnel as may be necessary for the performance of the functions of the commission, and shall fix the duties and compensation of such personnel. The commission in its bylaws shall provide for the personnel policies and programs of the commission. (f) The commission may borrow, accept or contract for the ser- vices of personnel from any party jurisdiction, the United States, or any subdivision or agency of the aforementioned governments, or from any agency of 2 or more of the party jurisdictions or their subdivisions. (g) The commission may accept for any of its purposes and functions under this compact any and all donations and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state, the United States, or any other gov- ernmental agency, or from any person, firm, association, founda- tion or corporation, and may receive, utilize and dispose of the same. Any donation or grant accepted by the commission pur- suant to this paragraph or services borrowed pursuant to par. (f) shall be reported in the annual report of the commission. Such report shall include the nature, amount and conditions, if any, of the donation, grant or services borrowed, and the identity of the donor or lender. (h) The commission may establish and maintain such facilities as may be necessary for the transacting of its business. The com- mission may acquire, hold and convey real and personal property and any interest therein. (i) The commission shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these bylaws. The commission shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each calendar of the party states. (j) The commission annually shall submit to the governor, to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) and to the legislature of any other party state a report covering the activities of the commission for the preceding year. The chairperson commission may call additional meetings and upon the request of a majority of the Commission members of three or more compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public. Each compacting state represented at any meeting of the Commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Commissionsubmit such addi- tional reports as it deems desirable.