Challenging our public school district’s obedience of county ‘health’ ‘orders’: After 11 days of teachers’ union silence, I ask a third time to respond to 8 specific complaints (17 of ?) | WHAT REALLY HAPPENED X-Frame-Options: DENY X-Frame-Options: SAMEORIGIN

Challenging our public school district’s obedience of county ‘health’ ‘orders’: After 11 days of teachers’ union silence, I ask a third time to respond to 8 specific complaints (17 of ?)

Perhaps the most helpful communication is a summary of events to now, an update, and preview of coming events (articles 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17).

Summary to date: The California “lockdown” to “flatten the curve and keep hospitals running” has lasted since March 3, 2020, despite statutory limit for emergency powers due to “beyond control” hospitals lasting only 60 days (§ 8627.5 California Emergency Services Act). Thankfully, our local hospitals have been in full control of patient numbers at all times.

As a NorCal public school teacher, I inquired to our district’s leadership and teachers’ union how their negotiated policy to “obey” county “health” “orders” is legal given the above reasonable limits to dictatorial authority.

Three emails were met with silence, then a fourth promising legal action was met with silence. I filed three legal complaints: federal, state, and a grievance for district violation of worker safety to support apparent dictatorial and illegal policy under direct threat of $1,000 fines and one year imprisonment.

Our union responded with support to ask the district, and to communicate indirectly that they wouldn’t pursue the grievance to arbitration because the working conditions were negotiated in good faith. The grievance process finished with district and union agreement the complaint didn’t qualify as a grievance.

I appealed the district’s answer to our community school board for what the district defined as a “written complaint.” From October 2 to December 18 2020 the district was silent, despite policy promising a response within 30 days of the board’s receipt. After this December 13 reminder they were out of compliance for a response, the superintendent answered that the school board upheld the district response without comment.

I also received a “non-response” after nearly 5 months from my complaint to the US Department of Justice regarding unlimited government. My complaint to the California Department of Fair Employment and Housing complaint was fielded with a phone call response in December, with their promise to follow-up, and silence since then.

In March 2021, our NorCal public school superintendent sent all staff an email citing county deaths from COVID nearing 1,300 with 80,000 “cases.” He also asked for our professional responses to an upcoming survey. I responded with three basic questions: how many of our staff and students have died of (not with) Covid, what is the data for overall county deaths given controversy over causes of deaths, and how many staff and students have been injured by vaccines. He ignored my questions twice, which I then shared with our school’s ~100 teachers with zero support and Social Science Department cognitive dissonance when directly asked.

I followed up with 14 CA government agencies, with all ignoring the 60-day limit of “emergency” authority I provided them from § 8627.5 of the California Emergency Services Act (ESA) except finally in April with CA Senator Glazer’s office stating the 60-day limit applied only to “non-safety” related orders. I hadn’t considered an American legislature would surrender forever dictatorial powers to a governor or elected officials without a time limit, as public recourse would be limited to recall (as is happening with Governor Newsom) or electing other legislators. In follow-up to the more complicated question requiring “beyond control” hospitals, Senator Glazer’s office refused to answer.

School district and CA government “answers” are therefore intentional lies of omission to claim they answered a question about ESA to “justify” dictatorial government while leaving out any consideration of crystal-clear letter and intent to prevent dictatorial government past 60 days unless hospitals are “beyond control.” The 14 CA government agencies claim dictatorial power to close businesses, stop social gatherings, force masking, force humans to forever remain no closer than six feet from each other, and with forever power until legislators or governor say otherwise, and while ignoring the requirement for “emergency powers” by sharing transparent and independently-verifiable hospital data.

I communicated these findings to district leadership, school board members, teachers’ union leadership, our Professional Learning Community (PLC) members and school teachers. The district’s Assistant Superintendent of Human Resources immediately responded with threats of disciplinary action for unspecified violations of district policies, as did my school principal. The district did not respond to my questions regarding their undocumented complaints as the “foundation” to their threats.

I appealed to our teachers’ union for relief. After a week of their silence, and two weeks of district silence, I requested a response from my teachers’ union. After a total of 11 days of teachers’ union silence, I sent this email:

**

Update: My May 13, 2021 email to teachers’ union President and VP

(Teachers’ union President and VP),
May I please have HEA’s response to each of my 8 complaints?

Our teachers, students, and families are all threatened with $1,000 fines for being closer than 6 feet from another human, a year locked in a cage for breathing the air freely, and all staff being fired with the state likely stripping teachers of their credentials for violating “emergency health orders” with district, county, and state lying to evade obvious questions.

In math and logic, the converse of a statement is often helpful to evaluate its validity. If HEA takes no action in our defense, an independent person would see the following for each of the 8 complaints:
Public school district leadership and school principals are free to accuse teachers of unprofessional conduct with threats of disciplinary action without evidence, and equally free to ignore teacher requests to document district claims.
Public school districts are free to order employees, students, and families to do anything if they use propagandistic rhetoric. Americans should ignore the entire history of the world and foundation of their own nation to “just follow orders” irregardless of what their Rights guarantee them, and how the limits of the law protect them from tyrannical and dictatorial government. A district can issue propaganda instead of answering specific questions, claim the propaganda answers the questions, then is free to refuse citing their “answer” in the propaganda and cut-off further communication other than threatening employees for asking. This district response fulfills the legal requirement to explain how their policies are legal.
A district’s HR Assistant Superintendent can smear teachers’ PLC work as “political views and discontent” without citation, while practicing the political view that “just following orders” is legal justification for “forever orders,” despite all California students being taught that “just following orders” is an illegal defense on its face.
A district’s superintendent can state, “If you do not agree with the state and county guidelines or if you believe we are not following them, please pursue your questions and concerns with the appropriate agency,” then is free to ignore 14 CA government agencies’ answers while threatening a teacher for reporting those answers to staff via PLC report on working conditions connected to the most severe decline in student productivity in district history.
A district can tell teachers that they are not allowed to ask government agencies questions with their PLCs, nor are they allowed to report to their teachers. Any further reports to teachers of government agency answers regarding conditions of teaching and learning will result in disciplinary action. This position is not hypocritical to a district’s core values of
Well-Supported Staff: We enhance the capacity of every employee to promote equity and model service excellence.
Collaborative Leadership: We develop leaders at all levels who creatively tackle our challenges and communicate with integrity and transparency.
Data-Informed Decisions: We use multiple types of data, including stakeholder voice, to inform decisions and monitor progress.
A school principal can direct a PLC and its chair to stop asking unanswered questions if it “appears” to district “leaders” there is a contract violation, and can do so without citing how. There is no hypocrisy on contract requirement for “an understanding of our democratic tradition and its methods” when the PLC questions are foundational to US democratic tradition to challenge apparent illegal government “orders,” and that American Founders wrote in the strongest language imaginable of the requirement of Americans to continue to ask such questions or devolve back to tyrannical government.
A district is free to make the factual claim that experimental, untested “whatever” face coverings are at least as protective as applicable federal and Cal/OSHA standards, and are free to ignore a PLC and teachers’ request to provide the data supporting that conclusion. A district is also free to order all staff, students, and families to wear these “whatevers” at all times on district property under threat of $1,000 fines, a year imprisonment, and permanent removal of staff and families for violations of this “health” requirement.
A district is free to require teachers to sign our mutual Oath as a condition of employment, then ignore a teacher’s request to report an apparent violation of this Oath.
With all respect, I will persist until I have my questions answered how county “health” “orders” are lawful given ESA requirement of “beyond control” hospitals does not exist by the best data I have from ~20 doctors, nurses, and other professionals.

HUSD, the county, and the state are all lying by willful refusal to provide accurate, comprehensive, and historical hospital data that We the People were told is the justification for emergency authority.

HEA will never have a bigger violation of rights for successful teaching and learning than this one issue.

Choose your side wisely. For now, I appear as a lone messenger, but not for much longer. Truth will prevail.

We will have justice, colleagues; I promise.

In all empathy for these challenges, and all encouragement to stand with us for literal truth, justice, and the American way,
Carl

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