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g. Perform other duties as provided in rules or bylaws.
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1(e) 1. All meetings shall be open to the public, and public notice of meetings
2shall be given in the same manner as required under the rulemaking provisions in
3sub. (10).
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2. The commission or the executive committee or other committees of the
5commission may convene in a closed, non-public meeting if the commission or
6executive committee or other committees of the commission must discuss:
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a. Non-compliance of a member state with its obligations under the compact;
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b. The employment, compensation, discipline or other matters, practices or
9procedures related to specific employees, or other matters related to the
10commission's internal personnel practices and procedures;
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c. Current, threatened, or reasonably anticipated litigation;
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d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or
13real estate;
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e. Accusing any person of a crime or formally censuring any person;
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f. Disclosure of trade secrets or commercial or financial information that is
16privileged or confidential;
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g. Disclosure of information of a personal nature where disclosure would
18constitute a clearly unwarranted invasion of personal privacy;
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h. Disclosure of investigative records compiled for law enforcement purposes;
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i. Disclosure of information related to any investigative reports prepared by or
21on behalf of or for use of the commission or other committee charged with
22responsibility of investigation or determination of compliance issues pursuant to the
23compact; or
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j. Matters specifically exempted from disclosure by federal or member state
25statute.
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13. If a meeting, or portion of a meeting, is closed pursuant to this provision, the
2commission's legal counsel or designee shall certify that the meeting may be closed
3and shall reference each relevant exempting provision.
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4. The commission shall keep minutes that fully and clearly describe all
5matters discussed in a meeting and shall provide a full and accurate summary of
6actions taken, and the reasons therefore, including a description of the views
7expressed. All documents considered in connection with an action shall be identified
8in such minutes. All minutes and documents of a closed meeting shall remain under
9seal, subject to release by a majority vote of the commission or order of a court of
10competent jurisdiction.
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(f)
Financing of the commission. 1. The commission shall pay, or provide for
12the payment of, the reasonable expenses of its establishment, organization, and
13ongoing activities.
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2. The commission may accept any and all appropriate revenue sources,
15donations, and grants of money, equipment, supplies, materials, and services.
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3. The commission may levy on and collect an annual assessment from each
17member state or impose fees on other parties to cover the cost of the operations and
18activities of the commission and its staff, which must be in a total amount sufficient
19to cover its annual budget as approved by the commission each year for which
20revenue is not provided by other sources. The aggregate annual assessment amount
21shall be allocated based upon a formula to be determined by the commission, which
22shall promulgate a rule binding upon all member states.
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4. The commission shall not incur obligations of any kind prior to securing the
24funds adequate to meet the same; nor shall the commission pledge the credit of any
25of the member states, except by and with the authority of the member state.
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15. The commission shall keep accurate accounts of all receipts and
2disbursements. The receipts and disbursements of the commission shall be subject
3to the audit and accounting procedures established under its bylaws. However, all
4receipts and disbursements of funds handled by the commission shall be audited
5yearly by a certified or licensed public accountant, and the report of the audit shall
6be included in and become part of the annual report of the commission.
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(g)
Qualified immunity, defense, and indemnification. 1. The members,
8officers, executive director, employees and representatives of the commission shall
9be immune from suit and liability, either personally or in their official capacity, for
10any claim for damage to or loss of property or personal injury or other civil liability
11caused by or arising out of any actual or alleged act, error or omission that occurred,
12or that the person against whom the claim is made had a reasonable basis for
13believing occurred within the scope of commission employment, duties or
14responsibilities; provided that nothing in this subdivision shall be construed to
15protect any such person from suit and/or liability for any damage, loss, injury, or
16liability caused by the intentional or willful or wanton misconduct of that person.
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2. The commission shall defend any member, officer, executive director,
18employee, or representative of the commission in any civil action seeking to impose
19liability arising out of any actual or alleged act, error, or omission that occurred
20within the scope of commission employment, duties, or responsibilities, or that the
21person against whom the claim is made had a reasonable basis for believing occurred
22within the scope of commission employment, duties, or responsibilities; provided
23that nothing herein shall be construed to prohibit that person from retaining his or
24her own counsel; and provided further that the actual or alleged act, error, or
1omission did not result from that person's intentional or willful or wanton
2misconduct.
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3. The commission shall indemnify and hold harmless any member, officer,
4executive director, employee, or representative of the commission for the amount of
5any settlement or judgment obtained against that person arising out of any actual
6or alleged act, error or omission that occurred within the scope of commission
7employment, duties, or responsibilities, or that such person had a reasonable basis
8for believing occurred within the scope of commission employment, duties, or
9responsibilities, provided that the actual or alleged act, error, or omission did not
10result from the intentional or willful or wanton misconduct of that person.
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11(9) Data system. (a) The commission shall provide for the development,
12maintenance, and utilization of a coordinated database and reporting system
13containing licensure, adverse action, and investigative information on all licensed
14individuals in member states.
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(b) A member state shall submit a uniform data set to the data system on all
16individuals to whom this compact is applicable (utilizing a unique identifier) as
17required by the rules of the commission, including:
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1. Identifying information;
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2. Licensure data;
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3. Adverse actions against a license or compact privilege;
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4. Non-confidential information related to alternative program participation;