NIC board grants board chair authority on lawsuits

COEUR d’ALENE — North Idaho College trustees granted board chair Mike Waggoner blanket authority to make decisions about litigation on behalf of the college, two days before a hearing when a judge will consider whether to compel the college to turn over an investigative report to NIC President Nick Swayne.

The board voted 3-2 on the matter in a brief special meeting Wednesday night. Trustees Brad Corkill and Tarie Zimmerman cast the dissenting votes and argued strenuously against the move.

Waggoner confirmed the reason for the meeting was because of Swayne’s lawsuit, which alleges NIC violated Idaho public records laws by denying Swayne’s request for a copy of a report that Swayne says involves allegations against him by another NIC employee. A hearing in the case is set for Friday.

Zimmerman said the board majority’s action goes beyond the powers of college trustees that are outlined in Idaho law.

“We have not the authority to delegate authority to one particular individual or trustee or the board chair,” she said. “We should go back to the practice of calling a special meeting and discussing each and every action because this is a board. We represent the community and the college.”

College attorney D. Colton Boyles said the decision was meant to clarify a May 17 resolution that empowered the board chair to make legal decisions on behalf of the board in coordination with the college president.

Waggoner said the move will eliminate the need for the board to convene and discuss how to handle lawsuits with legal counsel.

“We have two opinions here and counsel is telling us it’s fine and we’ve done it before and having too many people involved is unworkable,” he said.

Trustee Todd Banducci said previous iterations of the NIC board have granted certain authority to individual trustees, though he would not cite specific examples.

“We had powerful chairs back in those days, everything from driving the agenda to other matters,” he said. 

Corkill and Zimmerman cautioned against the possible repercussions of Wednesday’s decision.

“The day is going to come when somebody in this community will have had a gut full of this silliness and there will be a lawsuit filed,” Corkill said.

“We have disclosed to you that you’re taking action that is outside the bounds of the law,” Zimmerman added. “You are liable for your actions. It’s sad that we’ve got the counsel that’s giving us bad advice.”

    Corkill
  

    Tarie Zimmerman
  

    Banducci