North Idaho College will drop appeal over Swayne reinstatement

COEUR d’ALENE — North Idaho College trustees will drop an appeal to the Idaho Supreme Court over a Kootenai County judge’s decision to reinstate NIC President Nick Swayne.

The board voted 4-1 Wednesday night to dismiss the appeal “for the beneficial effects a dismissal will likely have on NIC’s accreditation standing.” Trustee Todd Banducci cast the dissenting vote.

Swayne won his lawsuit seeking permanent reinstatement without going to trial last June, when First District Judge Cynthia Meyer — who Gov. Brad Little later appointed to the Idaho Supreme Court — granted a motion for summary judgement in the case. The ruling affirmed that NIC cannot place Swayne on administrative leave under the terms of his employment contract, which is valid.

NIC’s legal counsel in the case, attorneys Kelly Drew and Brittney Adams, filed a notice of appeal in August.

Banducci harshly criticized the decision to dismiss the appeal, as well as Meyer’s original ruling, calling her a “fairy godmother activist judge.”

He suggested the judiciary, the State Board of Education and the office of the governor have conspired to “neutralize” certain NIC trustees.

After three out of five trustees resigned in 2022, Idaho law forced the state board to appoint three temporary trustees, who served until the November 2022 election. Banducci and Trustee Greg McKenzie sued to block the state board from appointing more than one trustee, but Meyer denied their request. The three temporary trustees ultimately voted to hire Swayne as NIC’s permanent president.

“It disgusts me,” Banducci said of the dropped appeal Wednesday night. “It’s just a form of attack on certain trustees while stripping away the authority granted to us by statute, by law. It’s egregious.”

McKenzie initially voted against dismissing the appeal but later changed his vote.