Some details of NIC personnel investigation emerge

COEUR d’ALENE — The mystery surrounding a personnel investigation taking place at North Idaho College continues, while another member of the college’s leadership team announced their resignation.

Karen Hubbard, NIC’s Chief Human Resources Officer, advised President Nick Swayne by letter Wednesday that her final day of work will be Sept. 27.

“My decision to leave is a direct result of the decision of the board on Aug. 23 to hire legal counsel lacking the qualifications sought by the administration and against the recommendation of the president,” Hubbard said in the letter. “This action made it clear that the college will not have access to the legal resources needed to mitigate risk to employees and to the college overall for the foreseeable future.”

D. Colton Boyles was hired by the board of trustees last week to serve as general legal counsel, although he received the lowest score and has the least experience in higher education among other firms considered for the position. The vote was 3-2, with trustees Todd Banducci, Greg McKenzie and Mike Waggoner in favor. Tarie Zimmerman and Brad Corkill opposed the hire.

“I view this decision as a significant change to the terms of my employment and I cannot in good conscience carry out the responsibilities of my position under these circumstances,” wrote Hubbard, who holds an MBA from the University of Georgia and worked for NIC for more than 14 years.

Regarding the personnel investigation, it appears the board and legal counsel for the college have been aware since March of a potential lawsuit from an NIC employee.

Though the employee has not been publicly named, Zimmerman confirmed Thursday night that the individual gave notice of resignation Monday.

Through attorney Art Macomber, Laura Rumpler, NIC’s chief communications and government relations officer, notified the college president and trustees Monday that her last day with NIC would be Sept. 8.

During a special meeting Thursday the NIC board voted 3-2 to authorize Macomber to negotiate the terms of a settlement with the employee — potentially to the tune of $1.3 million.

The employee’s allegations, which are not known publicly, are reportedly still under investigation by a third party. The college’s insurance provider has been notified of the matter and is waiting for the results of the investigation before moving forward, Macomber said.

Corkill and Zimmerman objected strenuously to the motion to begin negotiations with the employee. Both noted the investigation is incomplete and no evidence has come before the board.

“I’m just astonished that we have two lawyers sitting here who would let this come before us,” Corkill said.

Zimmerman said she believes Macomber has a conflict of interest and should not have authority over the matter.

Macomber denied this.

“I am going to unilaterally disclaim any conflict of interest,” he said.

Zimmerman also pointed to the large sum the employee reportedly seeks.

“You should back away from this,” she said. “You are breaching your fiduciary duty if you move forward with this.”

McKenzie repeatedly spoke over Zimmerman as she described her concerns.

“It’s obvious you’re afraid of what I’m going to say because you’re trying to shut me up,” she said. “You don’t negotiate a settlement for an unfounded allegation. These claims by this person are unfounded and I think when we get the results back it will probably be proven they’re unfounded.”

Any settlement will be brought before the board for approval.

This story has been updated to accurately reflect the vote count on the negotiation motion.