Glaviano

*748 After Jerald Glaviano interceded in a confrontation between two of his students, the Sacramento City Unified School District (the District) placed him on unpaid leave and issued an accusation and a notice of intent to dismiss or suspend him without pay. Following a hearing, the Commission on Professional Competence (Commission) dismissed the accusation and ordered the District to reinstate Glaviano to his former position with back pay and benefits.

Education Code section 44944 1 provides that if the Commission determines an employee should not be dismissed or suspended, the governing board of the school district shall pay "reasonable attorney's fees incurred by the employee." Glaviano requested fees based on the prevailing hourly rate for similar work in the community, but the trial court concluded the fee award must be based on the reduced hourly rate Glaviano's counsel actually charged. Because Glaviano stood by his assertion that the actual rate charged is irrelevant and privileged, the trial court denied his request for attorney's fees.

The issue presented on appeal is whether the phrase "reasonable attorney's fees incurred by the employee" in section 44944 necessarily…