$1&tE Ut ~ILUUISiUUU DEPARTMENT OF JUSTICE. October 7, 2013

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1 JAMES 0. BUDDY CALDWELL ATTORNEY GENERAL $1&tE Ut ~ILUUISiUUU DEPARTMENT OF JUSTICE OFFICE OF THE ATTORNEY GENERAL POST OFFICE BOX BATON ROUGE October 7, 2013 Charles L. Patin, Jr. Attorney at Law Kean Miller Law, LLP Post Office Box 3513 Baton Rouge, Louisiana Don C. Briggs President Louisiana Oil & Gas Association Post Office Box 4069 Baton Rouge, Louisiana Stephen Waguespack President Louisiana Association of Business and Industry Post Office Box Baton Rouge, Louisiana Melissa Landry Executive Director Louisiana Lawsuit Abuse Watch Post Office Box Baton Rouge, Louisiana Jeff Landry Attorney at Law Post Office Box New Iberia, Louisiana Francis Charles McMains, Jr. Attorney at Law Jones Walker Law Firm 8555 United Plaza Blvd., Suite 500 Baton Rouge, Louisiana Re: St. John Parish School Board, et al. v. State of Louisiana, et al. No. 622,693; 1gth Judicial District Court, Section 24 Contingency Fee Contract Dear Ms. Landry and Gentlemen: Knowing your interest in the subject of contingency fee contracts, I have enclosed for your review a copy of a resolution from St John the Baptist Parish School Board, wherein they are seeking to retain the Baton Rouge law firm of Kean Miller on a contingency fee basis to represent them in matters regarding the MFP. Additionally, a copy of correspondence from Kean Miller addressed to this office is attached. I invite and urge you to meet with me as soon as possible to express your opinions and views on this subject. I am available to meet with you on next Tuesday, October 15 or Wednesday, October 16, 2013, here in the Livingston Building, 1885 N. 3rd Street, Baton Rouge. Please contact my assistant, Christelle Taylor at or tayiorc(ä~ag.state.la us to confirm your best available time and date.

2 Ms. Landry and Messrs. Patin, Waguespack, Briggs, Landry and McMains October 7, 2013 Page Two Please let me hear from you as soon as possible about your availability for this meeting. With best regards, I remain Si -ly, J DC: Ct Attachments / James D. Bud CaIdwell Attorney General

3 KEAN MILLETRLLP September 26,2013 VIA AND FIRST CLASS MAIL Katherine Foster, Assistant Attornej General Louisiana Department of Justice, 6 Floor p. 0. Box Baton Rouge, LA RE: St. John Parish School Board, a al v. State oflouisiana, et al No.: 622,693; 19ih JDC; Section 24 19th Judicial District Court Our File no.: I (Contingency fee contract) Dear Ms. Foster: This is in response to your request for information concerning the contingency fee contract entered into between the St. John the Baptist Parish School Board and the law firms of Kean Miller, LLP, and Blackwell & Associates. The referenced lawsuit was filed on June 28, 2013, as a class action on behalf of the St. John the Baptist Parish School Board and all similarly situated public parish and city school boards operating public elementaiy and secondary schools within the state of Louisiana. The lawsuit essentially seeks payment of the annual growth adjustment based upon Senate Concurrent Resolution 17 of the 2009 Regular Session of the Louisiana Legislature. School boards are mandated by state law to exercise proper vigilance in securing for the schools of their districts all funds destined for the support of said schools, including state flrnds apportioned thereto, and all other finds. See La. KS. 17:82(E)(l). Two factors led to the decision to enter into a contingency fee contract. First, at the time of the filing of the lawsuit, it was not possible for either me or Brian Blackwell to provide the members of the school board with an estimate of the cost of pursuing the litigation because of its novelty and the complexity of the issues. Second, the school system is presently experiencing financial difficulties. It has depleted virtually all of its reserves and will likely be confronted with the need to impose a reduction in force this school year. Accordingly, in order to file the lawsuit and assure a vigorous pursuit of the litigation it was essential that the matter be handled without cost to the St. John the Baptist Parish School Board. Louisiana Code of Civil Procedure article 595 authorizes a court to allow a representative party in a class action lawsuit its reasonable expenses of litigation, including attorney s fees, when as a result of the lawsuit a fund is made available, or a recovery or compromise is reached which is beneficial, to the members of the class. This provision made it possible for the St. John the Baptist Parish School Board to engage counsel and authorize the filing of the lawsuit without the need to pay ongoing attorneys fees or cost of litigation. j4)20th4_i.docx T IF 225i II City Ran 1400 ConventIon Street Saite 7001 Baton Rouge, LA PostOtIIceeoxSSl3 RatonRougejAlOB2l kea,flb~com SEP 2 /2013 CIVIL DIVISIOn4 OFFICE OF THE ATTORNEY GENERAë

4 Katherine Foster, Assistant Attorney General Louisiana Department of Justice September 26, 2013 Page 2 Charles L. Patin, Jr. (La. Bar # 10338) will handle the litigation on behalf of Kean Miller, LLP, and Brian F. Blackwell (La. Bar # 18119) will handle it for Blackwell & Associates. If you are iii need of further information, please do not hesitate to contact me. Very truiy yours, Charles L. Patin, Jr. CLPjr/cfw Brian F. Blackwell (via to: briamdlblackwell-associpges.com) Orenthal J. Jasmin (via to: piasrnin(d).stjohndacom) _I.docx

5 MATTER PERTAINING TO ADOPTION OF RESOLUTION (AS A RESULT OF THE APPLICATION OF HOUSE CONCURRENT RESOLUTION 130 OF THE 2011 REGULAR SESSION OP THE LOUISIANA LEGISLATURE) AND REGARDING EMPLOYMENT OP SPECIAL COUNSEL, IN ACCORDANCE WITH LOUISIANA REVISED STATUTE 42:263 (AS A RESULT OF THE APPLICATION OF HOUSE CONCURRENT RESOLUTION 130 OF THE 2011 REGULAR SESSION OF THE LOUISIANA LEGISLATURE) RECOMMENDATION: That the St. John the Baptist Parish School Board adopt the following resolution (as a result of the application of House Concurrent Resolution 130 of the 2011 Regular Session of the Louisiana legislature) agreeing to institute litigation to recover the annual growth adjustment of 2.75 percent required to be applied to the state and local base per pupil amount in the Minimum Foundation Program finding fonnula for Fiscal Year as a result of the application of House Concurrent Resolution 130. RESOLUTION WHEREAS, House Concurrent Resolution 130 of the 2011 Regular Session of the Louisiana legislature ( HCR 130 ) provides: In the event no provision for an annual increase has been provided and this Resolution remains in effect in the Fiscal Year or thereafter, the Slate Board of Elementary and Secondary Education shall annually adjust the state and local base per pupil amount with approval by the Joint Legislative Committee on the Budget. If the Joint Legislative Committee on the Budget does not approve the rate established by the State Board of Elementary and Secondary Education, then an annual growth adjustment of 2.75% shall automatically be applied to the state and local base per pupil amount beginning in the Fiscal Year , and WHEREAS, NCR 130 remains in effect for FIscal Year by virtue of the Louisiana Supreme Court declaring Senate Concurrent Resolution 99 of the 2012 Regular Session of the Louisiana legislature ( SCR 99 ) constitutionally deficient in the mater entitled Louisiana Federation of Teachers, et a? p. State of Louisiana, et a! Mv Louisiana Association of Educators, et ai v. State oflouisiana, et a? Mv Louisiana School Boards Association, et cii a State of Louisiana, et 4 Nos. 20l3-CA-0120 c/w No CA-0232 c/w and No CA and WHEREAS, the St. John the Baptist Parish School Board has been negatively impacted by there being no growth in the state and local base per pupil amount in the Minimum Foundation Program finding formula for several prior years, and Page I of3

6 WHEREAS, the application of HCR 130 will result in a growth of 2.75 percent in the state and local base per pupil amount in the Minimum Foundation Program funding formula for Fiscal Year , and WHEREAS, pursuant to La. R.S. 17:81 (EX I). school boards are mandated to exercise proper vigilance in securing for their schools all funds destined for the support of said schools, and WHEREAS, the flrnds comprising the annual growth adjustment are funds destined for the support of the schools in this school system, and WHEREAS, each and every public school system operating public elementary and secondary schools within the State of Louisiana is similarly situated, WHEREAS, the St. John the Baptist Parish School Board, its Superintendent of Schools, and its staff are in need of special counsel with experience, training, and expertise in school law issues to institute litigation to recover any and all Rinds destined for the support of the public schools in St. John the Baptist Parish and other similarly situated public elementary and secondary schools within the State of Louisiana, and WHEREAS, through its representation of various school boards in the State of Louisiana, the law firm of Kean Miller, L.L.P. of Baton Rouge, Louisiana, has special experience, training, and expertise in those issues of school law relevant to the proposed litigation, and WHEREAS, through its representation of the Louisiana Association of Educators and others in the constitutional litigation as well as its representation of various school employees throughout the State of Louisiana, the law firm of Blackwell & Associates of Baton Rouge, Louisiana, has special experience, training, and expertise in those issues of school law relevant to the proposed litigation, now THEREFORE, BE IT DULY RESOLVED, by the St. John the Baptist Parish School Board in special session duly convened that it directs its special counsel, Kean Miller, LL.P. and Blaclcwell & Associates, hired for this specific purpose to immediately institute such litigation as may in special counsel s opinion be deemed necessary and appropriate to recover the annual growth adjustment of 2.75 percent required to be applied to the state and local base per pupil amount in the Minimum Foundation Program funding fonnula for Fiscal Year as a result of the application of House Concurrent Resolution 130 on behalf of the St. John the Baptist Parish School Board and all other public school districts operating public elementary and secondary schools within the State of Louisiana. BE IT FURTHER RESOLVED that the St. John the Baptist Parish School Board has been duly advised that the law firm of Blackwell & Associates of Baton Rouge, Louisiana has in the past, and may, in the future, represent school employees in matters in which the St. John the Baptist Parish School Board is an adverse party. The St John the Baptist Parish School Board recognizes that such representation may present said law firm with an actual and/or potential conflict of interest. As an inducement to said law firm to undertake its representation on the Page 2 of 3

7 terms set forth in this Resolution, the St. John the Baptist Parish School Board irrevocably waives any and all such past, present and future actual and/or potential conflicts of interest. BE IT FURTHER RESOLVED, that the St. John the Baptist Parish School Board specifically authorizes special counsel to name it as a party plaintiff to said lawsuit. BE IT FURTHER RESOLVED, that a copy of this Resolution be sent to the Attorney General of the State of Louisiana. BE IT FURTHER RESOLVED, that any and all attorneys fees and expenses incurred in said litigation be contingent upon the recovery of amounts constituting the annual growth adjustment for Fiscal Year , not to exceed ten (10%) percent. BE IT FURTHER RESOLVED, that the President of the St. John the Baptist Parish School Board is hereby authorized and empowered to execute the Contingent Fee Agreement and Power ofattorney engaging the services of Kean Miller, L.L.P. and Blackwell & Associates. The vote, in open meeting, on the resolution was as follows: YEAS: NAYS: g U ABSENT: Certified and true copy: 6~~Geige,SuperintnanC Page 3 of 3