JACKSONVILLE, Fla. — Action News Jax has learned that the Office of General Counsel (OGC), the legal arm of Jacksonville’s consolidated government, double-billed Duval County Public Schools (DCPS) for over $334,000 in legal fees - an error that was only discovered following an internal audit by the school district.
The billing discrepancy includes $290,000 in legal services and $44,000 in charges from the Risk Management Department, with the double billing beginning in December 2024. According to documents obtained by Action News Jax Ben Becker, DCPS notified the OGC of the issue in June, and the OGC acknowledged the mistake. General Counsel Michael Fackler said his office failed to “clear out” previous billing.
The revelation comes at a critical time. The Duval County School Board is scheduled to vote Tuesday on a pivotal resolution that would allow the district to hire its own in-house legal counsel - setting the stage to end a long-standing arrangement with the city’s OGC.
If the School Board approves the measure, it will move to City Council for consideration. The proposed change requires an amendment to the city charter, which would also need approval by the Florida Legislature - a process that could take up to a year.
A source close to the situation tells Becker the change could potentially also be politically motivated, as General Counsel Fackler’s office’s interpretation of the law could be considered too progressive and not constitutionally focused.
Background: What is the Office of General Counsel?
The OGC is a powerful entity with 46 attorneys serving all branches of Jacksonville’s consolidated government. Their clients include:
- The Mayor and 10 executive branch departments
- 19 City Council members
- Duval County Public Schools (over 125,000 students)
- Five constitutional officers (including the Sheriff and Supervisor of Elections)
- Independent authorities such as JEA, the Aviation Authority, and the Port Authority
- Over 30 boards and commissions
Unlike every other public school system in Florida, the School Board is the only one that does not have the authority to choose its own legal counsel - a key issue now fueling calls for reform.
Tensions flared in 2019 between the School Board, OGC and City Council when the Council initially blocked a special election to place a half-cent sales tax referendum for school construction on the ballot.
At the time, the School Board sought to hire outside legal representation, but was overruled by then-General Counsel Jason Gabriel.
His office claimed that City Council had the final authority, citing a now-infamous interpretation of state law in which the word “shall” was argued to mean “may.” The attorney behind that controversial reading? Current Council Director Jason Teal.
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“A Clear Message from DCPS”
City Council President Kevin Carrico weighed in on the development, calling it “a clear message” from the School Board and its supporters.
“I wouldn’t go as far as saying that this dismantles the premise of the OGC’s position in consolidated government. The unique characteristic of the school board is that the city council doesn’t approve their budget. It’s a clear message though from DCPS and supporters of the bill that the OGC continues to fall short of passing the grade.”
It’s not the first time City Council and Fackler have appeared to butt heads. This includes the removal of Confederate monuments, a separation of powers opinion regarding a trash contract, blamed for the handling of an alleged illegal gun registry. The council issued a vote of no confidence in Fackler in March.
School Board Members Voice Support
District 7 School Board Member Melody Bolduc detailed several reasons for supporting the move to independent legal counsel - citing cost efficiency, governance independence, and concerns about conflicts of interest within the OGC structure.
“Last year alone, our school district was billed over $2 million by the Office of General Counsel (OGC). By contrast, peer school districts across Florida that employ their own in-house legal teams typically operate with budgets in the low hundreds of thousands,” Bolduc wrote.
“We discovered that OGC double-billed the district for two months last year - a mistake that would have gone undetected without close scrutiny.”
She also emphasized that the School Board is an independently elected constitutional authority, unlike many of the other entities represented by the OGC.
“This proposal is not a rejection of consolidation itself, but a thoughtful attempt to ensure that the School Board … has timely, focused, and impartial legal guidance.”
Bolduc says Superintendent Dr. Christopher Bernier has negotiated a new deal for the next school year with Fackler, allowing the district to pay a salary for its OGC attorney instead of an hourly rate.
Action News Jax reached out to the Office of General Counsel for comment but has not received a response.
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