Judge orders NIC to provide Swayne report today

COEUR d’ALENE — A judge has ordered North Idaho College to turn over an investigative report to college president Nick Swayne by 5 p.m. today.

Last week, Swayne won a public records lawsuit seeking a copy of a summary report of an investigation into a former college employee’s allegations of “retaliatory treatment and retaliatory discharge (in the form of constructive discharge) by Swayne.” The report examined allegations against Swayne, as well as other college employees.

In a written decision issued last Wednesday, First District Judge Barry McHugh found that the report is a public record and not exempt from disclosure to Swayne.

The court ordered NIC to make the report available to Swayne for copy and inspection but permitted NIC to redact “any portions of the report that pertains to allegations against individuals other than Swayne and not against Swayne.” McHugh’s ruling also did not specify a deadline or time frame for the college to turn over the redacted report.

Recent court filings show that legal counsel representing Swayne contacted NIC’s attorneys Thursday morning, asking NIC to provide the report immediately or no later than Friday morning.

Kelly Drew, an attorney representing NIC in the case, said this would be impossible.

“Once the redactions have been completed, they will need to be reviewed by counsel, which will require additional time,” Drew told Swayne’s legal counsel via email Thursday night.

Drew estimated NIC would need until at least Wednesday to produce a redacted copy of the report for Swayne. College trustees are expected to take action on the contents of the report Wednesday during their regular board meeting.

Swayne’s legal counsel filed a new motion Friday morning, seeking clarification of the judge’s order.

“NIC claims it will need nearly a week of additional time, perhaps more, to turn over the report and to redact portions of the report in accordance with this court’s order,” the motion said in part. “This is more time than allowed for production under the Public Records Act. NIC is represented by three counsel and there is no reason that production cannot be made within one business day. There is simply no valid reason for further delay of production or inspection of the investigative report.”

McHugh granted the motion Friday afternoon, ordering NIC to provide the report to Swayne via his attorney no later than 5 p.m. today.