Sulcer v. McFatter

At issue is whether a county school board has the discretionary authority to award attorney’s fees and costs to an employee who prevails in an administrative proceeding. We hold that the board does have such discretion and reverse the board’s holding to the contrary.

Under the provisions of Section 230.03(2), Florida Statutes (1985) a school board has full governmental authority and “may exercise any power except as expressly prohibited by the State Constitution or general law.” That authority, in our view, includes the authority to reimburse employees for attorney’s fees and costs in…