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TILER MENDELSON, P.(

A PRO0454IONAI CORPORATION 2049 Century Park East 5111 floor Les 0n9ele1, CA 90057 7107 710.557 0308

WILLIAM J. EMANUEL, Bar No. 35914 BARRETT K. GREEN, Bar No. 145393 MAGGY M. ATHANASIOUS, Bar No. 252137 LITTLER MENDELSON PC 2049 Century Park East 5th Floor Los Angeles, CA 90067.3107 310.553.0308 Telephone: 310.553.5583 Fax No.: Attorneys for RESPONDENTS AND DEFENDANTS

SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES JANE DOE 1, et al., Petitioners and Plaintiffs,
V.

Case No. BS 134604 [The Honorable James C. Chalfant] RESPONDENTS' SECOND RETURN TO WRIT OF MANDATE

JOHN DEASY, Superintendent, Los Angeles Unified School District; MONICA GARCIA, President, Board of Education, Los Angeles Unified School District; TAMAR GALATZAN, BENNETT KAYSER, MARGUERITE LAMOTTE, NURY MARTINEZ, RICHARD VLADOVIC, STEVE ZIMMER, Members, Board of Education, Los Angeles Unified School District; and DOES I through 10, inclusive, Respondents and Defendants, UNITED TEACHERS LOS ANGELES; and ASSOCIATED ADMINISTRATORS OF LOS ANGELES; Real Parties in Interest PUBLIC EMPLOYMENT RELATIONS BOARD, Intervenor.

RESPONDENTS' SECOND RETURN TO WRIT OF MANDATE

Respondents Los Angeles Unified School District et al. (collectively, the "District") hereby

2 II submit this second Return to Writ of Mandate in the above-referenced matter. 3 4 5 6 7 8 9 The Writ of Mandate, issued August 8, 2012, contains two return dates. The first date September 4, 2012, is a date by which the District must report back to the Court regarding the steps it has taken to date towards compliance with the Court's directives regarding the Stull Act. The second date December 4, 2012, is a date by which the District must establish that it is in full compliance with the Court's directives regarding the Stull Act. The Writ of Mandate provides that this second date, "is selected to allow for necessary time to conclude negotiations between the

10 District and Real Parties In Interest UTLA and AALA on matters connected to compliance with this 11 12 13 14 15 16 17 18 19 20 writ (if any) that are subject to collective bargaining under the Educational Employment Relations Act (Government Code section 3540 et seq.), including sufficient time to conclude the impasse procedures set forth in the EERA." On September 4, 2012, the District submitted its return with respect to the first date. This is the District's return with respect to the second date (December 4, 2012), and the District reports as following: 1. The District has reached negotiated agreements with both UTLA and AALA under

the terms of which the Court's directives regarding compliance with the Stull Act will be implemented, effective the current 2012-13 school year. 2. In the case of negotiations with AALA, the parties' Memorandum of Understanding

21 was entered into on September 11, 2012, and was approved by the LAUSD Board of Trustees on 22 23 24 25 26 27 28
TILER MENDELSON, P.(
A PflOFESSIOHAt CORPORATION 2049 Cenlory Park East 5th Floor 1os .Algalas, CA 90067 3707 370 553 0308

October 9, 2012. 3. In the case of negotiations with UTLA, the parties' agreement was signed by the

District and UTLA bargaining teams on November 30, 2012. The UTLA agreement will be presented to the full UTLA membership for ratification as soon as practicably possible, and will thereafter be presented to the Board of Trustees for formal approval. With the AALA MOU and the tentative agreement with UTLA, the performance of District's teachers and principals (including assistant principals) will now include an evaluation of their performance as it reasonably relates to 1.
RESPONDENTS' SECOND RETURN TO WRIT OF MANDATE

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pupil progress toward the District's standards, and toward State standards as measured by the California Standards Tests. Pupil progress will now be incorporated and considered in the final evaluation of teachers and school administrators. 4. By proceeding in good faith with negotiations with UTLA and AALA and reaching

these agreements, the District does not concede that any matters negotiated are mandatory subjects

6 of bargaining under the Educational Employment Relations Act ("EERA") (Government Code 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
TILER MENDELSON, P.
A PXOfE5510000 CORPORATION 2049 Century Park Easl 5th Flaar Los Angeles, CA 90007.3107 710 553.0308

section 3540 et seq.), or that, even were the matters mandatory subjects of bargaining, that the existing bargaining agreements do not already expressly allow for the District to implement the measures being pursued by the District. To the contrary, the District has long contended that compliance with the Stull Act can be achieved within the contractual authority of the current collective bargaining agreements with UTLA and AALA and related elements of the status quo, and/or are not mandatory subjects of bargaining under EERA. However, the District values the input of its labor partners and a jointly collaborated outcome. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 4th date of December 2012 at Los Angeles, California

WI IAM J. EMANUEL

Firmwide:116064090.3 050758.1013

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RESPONDENTS' SECOND RETURN TO WRIT OF MANDATE

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iftIt

R. D. Kirwan, Esq. Scott J. Witlin, Esq. Levi W. Heath, Esq. Devin Stone, Esq. Barnes & Thornburg LLP 2049 Century Park East, Ste. 3550 Los Angeles, CA 90067-3012