West Virginia Code § 12-6E-6

Establishment of the Mountaineer Impact Office; managing director;
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project proposals; monitoring performance; consultation with Investment
Management Board; insurance.
(a) There is hereby created the Mountaineer Impact Office. The Mountaineer Impact Office
is an agency and instrumentality of the State of West Virginia managed by the Investment
Committee. The purpose of the Mountaineer Impact Office is to implement, einvest and
administer the assets transferred to the Investment Committee from the West Virginia
Impact Fund. r
(b) The Investment Committee shall appoint a managing directoru, as a state employee, to
manage the affairs of the Mountaineer Impact Office. The managing director shall have a
strong background in business and significant experience int investments and the
development of projects.
(c) The salary of the managing director is not restricted by state compensation rules but
shall be determined by the Governor in accordancel with customary salaries for officers and
directors with similar responsibilities and expserience in the private sector.
(d) The managing director may, with the aipproval of the Investment Committee, appoint
permanent or temporary employeesg and/or retain consultants to carry out the duties of the
Mountaineer Impact Office. An employee of the Mountaineer Impact Office, including the
managing director, may not be a member of the Investment Committee.
(e) The Mountaineer Impact Office shall identify specific proposals for projects, which may
be single target companies, blind pool investment funds or other, to implement the goal
prescribed in §12-6E-3 of this code.
(f) The MountVaineer Impact Office shall present such project proposals for approval or
disapproval to the Investment Committee.
(g) The Mountaineer Impact Office shall establish a procurement process for selecting one
or more selected managers to develop final projects in accordance with each approved
project proposal. This procurement process shall be streamlined and efficient and is not
required to comply with §5A-3-1 et seq. of this code. Pursuant to the procurement process,
the Mountaineer Impact Office shall identify, procure and enter into a non-binding
memorandum of understanding with a selected manager to develop a final project in
accordance with each approved project proposal.
(h) The Mountaineer Impact Office shall, with the selected manager, negotiate the terms and
amount of any proposed investment of funds held by the Investment Committee in any final
project.
(i) The Mountaineer Impact Office shall present such final negotiated terms and amount of a
proposed investment in a final project for approval or disapproval to the Investment
Committee, together with any disclosures of conflicts of interest in the proposed investment
as required pursuant to §12-6E-5(d) of this code.
(j) The Mountaineer Impact Office shall monitor the qualitative and quantitative
performance of each approved investment on an ongoing basis, with respect to the goal of
investments prescribed in §12-6E-3 of this code, including without limitation, the exit and
termination of each approved investment. e
(k) The Mountaineer Impact Office may consult the Investment Management Board about
investments made or proposed under this article.
(l) The Mountaineer Impact Office may exercise all powers necessary or appropriate to carry
out the duties or responsibilities conferred upon it by law or the Investment Committee
under the provisions of this article.
(m) The Mountaineer Impact Office shall procure and maintain in effect, for the benefit of
the members of the Investment Committee, commelrcially customary property, liability,
crime, and other insurance to cover risks of losss from the operations of the Investment
Committee. The types and amounts of the insurance coverages shall be determined by the
Mountaineer Impact Office, from time to tiime, in its reasonable discretion, with reference to
the types and amounts of insurance gcoverages purchased or maintained by other public
institutions performing functions similar to those performed by the Investment Committee,
and in an amount of not less than $10 million. The Investment Committee may require that
appropriate types and amounts of insurance be procured and maintained by, or a fiduciary
or surety bond from a surety company qualified to do business in this state for, any person
who has charge of, or access to, any securities, funds or other moneys held by the
Investment Committee and the amount of the fiduciary or surety bond shall be fixed by the
Investment Committee. The premiums payable on any insurance or fiduciary or surety bonds
that the Committee may require, from time to time, shall be an expense of the Committee.

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