Attached files
file | filename |
---|---|
10-K - FORM 10-K - INTERMOUNTAIN COMMUNITY BANCORP | v58531e10vk.htm |
EX-21 - EX-21 - INTERMOUNTAIN COMMUNITY BANCORP | v58531exv21.htm |
EX-23 - EX-23 - INTERMOUNTAIN COMMUNITY BANCORP | v58531exv23.htm |
EX-32 - EX-32 - INTERMOUNTAIN COMMUNITY BANCORP | v58531exv32.htm |
EX-31.2 - EX-31.2 - INTERMOUNTAIN COMMUNITY BANCORP | v58531exv31w2.htm |
EX-31.1 - EX-31.1 - INTERMOUNTAIN COMMUNITY BANCORP | v58531exv31w1.htm |
EX-99.2 - EX-99.2 - INTERMOUNTAIN COMMUNITY BANCORP | v58531exv99w2.htm |
Exhibit 99.1
CERTIFICATION
OF
CHIEF EXECUTIVE OFFICER
OF
CHIEF EXECUTIVE OFFICER
Pursuant to the requirements of Section 111(b)(4) of the Emergency Economic Stabilization Act of
2008 (EESA), and 31 CFR Part 30.15, I, Curt Hecker, President and Chief Executive Officer of
Intermountain Community Bancorp (Intermountain), certify, based on my knowledge, that:
(i) The compensation committee of Intermountain has discussed, reviewed, and evaluated with
senior risk officers at least every six months during any part of the most recently
completed fiscal year that was a TARP period, senior executive officer (SEO) compensation
plans and employee compensation plans and risks these plans pose to Intermountain;
(ii) The compensation committee of Intermountain has identified and limited during any part
of the most recently completed fiscal year that was a TARP period any features of the SEO
compensation plans that could lead SEOs to take unnecessary and excessive risks that could
threaten the value of Intermountain and has identified any features of the employee
compensation plans that pose risks to Intermountain and has limited those features to
ensure that Intermountain is not unnecessarily exposed to risks;
(iii) The compensation committee has reviewed, at least every six months during any part of
the most recently completed fiscal year that was a TARP period, the terms of each employee
compensation plan and identified any features of the plan that could encourage the
manipulation of reported earnings of Intermountain to enhance the compensation of an
employee, and has limited any such features;
(iv) The compensation committee of Intermountain will certify to the reviews of the SEO
compensation plans and employee compensation plans required under (i) and (iii) above;
(v) The compensation committee of Intermountain will provide a narrative description of how
it limited during any part of the most recently completed fiscal year that included a TARP
period the features in
(A) SEO compensation plans that could lead SEOs to take unnecessary and excessive risks that
could threaten the value of Intermountain;
(B) Employee compensation plans that unnecessarily expose Intermountain to risks; and
(C) Employee compensation plans that could encourage the manipulation of reported earnings of
Intermountain to enhance the compensation of an employee;
(vi) Intermountain has required that bonus payments to the SEOs and any of the next twenty
most highly compensated employees, as defined in the regulations and guidance established
under section 111 of EESA (bonus payments) be subject to a recovery or clawback provision
during any part of the most recently completed fiscal year that was a TARP period if the
bonus payments were based on materially inaccurate financial statements or any other
materially inaccurate performance metric criteria;
(vii) Intermountain has prohibited any golden parachute payment, as defined in the
regulations and guidance established under section 111 of EESA, to a SEO or any of the next
five most highly compensated employees during any part of the most recently completed
fiscal year that was a TARP period;
(viii) Intermountain has limited bonus payments to its applicable employees in accordance with
section 111 of EESA and the regulations and guidance established thereunder during any part
of the most recently completed fiscal year that was a TARP period;
(ix) Intermountain and its employees have complied with the excessive or luxury
expenditures policy, as defined in the regulations and guidance established under section
111 of EESA, during any part of the most recently completed fiscal year that was a TARP
period; and any expenses that, pursuant to the policy, required approval of the board of
directors, a committee of the board of directors, an SEO, or an executive officer with a
similar level of responsibility were properly approved;
(x) Intermountain will permit a non-binding shareholder resolution in compliance with any
applicable Federal securities rules and regulations on the disclosures provided under the
Federal securities laws related to SEO compensation paid or accrued during any part of the
most recently completed fiscal year that was a TARP period;
(xi) Intermountain will disclose the amount, nature, and justification for the offering,
during any part of the most recently completed fiscal year that was a TARP period, of any
perquisites, as defined in the regulations and guidance established under section 111 of
EESA, whose total value exceeds $25,000 for any employee who is subject to the bonus
payment limitations identified in paragraph (viii);
(xii) Intermountain will disclose whether Intermountain, the board of directors of
Intermountain, or the compensation committee of Intermountain has engaged during any part
of the most recently completed fiscal year that was a TARP period a compensation
consultant; and the services the compensation consultant or any affiliate of the
compensation consultant provided during this period;
(xiii) Intermountain has prohibited the payment of any gross-ups, as defined in the regulations
and guidance established under section 111 of EESA, to the SEOs and the next twenty most
highly compensated employees during any part of the most recently completed fiscal year
that was a TARP period;
(xiv) Intermountain has substantially complied with all other requirements related to
employee compensation that are provided in the agreement between Intermountain and
Treasury, including any amendments;
(xv) Intermountain has submitted to Treasury a complete and accurate list of the SEOs and
the twenty next most highly compensated employees for the current fiscal year, with the
non-SEOs ranked in descending order of level of annual compensation, with the name, title,
and employer of each SEO and most highly compensated employee identified; and
(xvi) I understand that a knowing and willful false or fraudulent statement made in
connection with this certification may be punished by fine, imprisonment, or both.
Date: March 4, 2011
/s/ Curt Hecker
Curt Hecker, President and
Chief Executive Officer