NIC trustees hire accreditation attorney
COEUR d’ALENE — North Idaho College trustees hired another attorney Thursday night, this time to “assist NIC across the finish line” of returning to good standing with its accreditor.
The board voted 3-2 to contract with Stanley Freeman of the firm Eversheds Sutherland, based in Washington, D.C., “to provide legal services to the college in regard to accreditation matters.” Trustees Brad Corkill and Tarie Zimmerman cast the dissenting votes, with Corkill calling the move “a glittering example of bad governance.”
College attorney Colton Boyles recommended the hiring and said it “should not be construed as an imminent dispute or anticipated litigation.”
“An informed and creative approach is essential to maximizing the college’s probability of success in the face of an invasive, detrimental, political vitriol that has captured the debate surrounding the college’s quest for good standing,” he said.
Board chair Mike Waggoner indicated the hiring has been in the works for a year, with Trustee Greg McKenzie doing “extensive research” on the matter during his tenure as chair. But Zimmerman and Corkill said they were in the dark until Wednesday, hours before the special meeting was publicly noticed.
Corkill pointed out that Freeman’s hourly rate is $895 per hour and co-counsel Benjamin Reed, who is also expected to work on the matter, has an hourly rate of $795. Other attorneys in the firm may be called upon “where appropriate,” charging anywhere between $420 per hour and $1,885 per hour.
“Where’s the money coming from?” Corkill asked.
“We have school funds, I’m sure, that we can do this,” Waggoner replied, as people in the audience groaned and laughed.
After the meeting, Waggoner, McKenzie and Todd Banducci did not answer questions from The Press about how the college will pay the additional legal bills. In 2023, NIC paid $511,404 to multiple attorneys and law firms for different legal matters.
Zimmerman questioned a stipulation in the contract that the firm’s monthly invoices will be sent directly to Boyles.
“Invoices need to come to the college,” she said.
NIC President Nick Swayne agreed, saying he has a fiduciary responsibility to make sure any invoices paid by the college are accurate and that he recently examined multiple invoices that contained “discrepancies.”
“If we are audited and we end up paying a bill that is not authorized, Colton doesn’t go to jail,” Swayne told Waggoner. “You don’t go to jail. Sarah (Garcia) and I are on the hook for ensuring that every invoice paid was authorized, the work was done and we have a copy of the work. You cannot take that away from me. I will not pay the bill if it doesn’t come to me.”
Banducci suggested Boyles will be in the best position to determine whether the billing is “accurate and reasonable” because he’ll be working closely with Freeman.
“The discrepancies that were noted were actually on Mr. Boyles’ invoice,” Swayne replied. “I don’t want to get into details on that, but that’s an issue.”
Zimmerman urged Waggoner to vote against the hiring.
“I think it’s been established here tonight that the board never gave you authority to reach out and do what you did,” she said. “I don’t think this agreement should even be considered. It’s not appropriate and not legal and I believe we’re probably going to come back with the (Northwest Commission on Colleges and Universities) looking down on us for bad board governance.”
The next regular meeting of the board of trustees is April 24.
Corkill
Tarie Zimmerman