Challenging our public school district’s obedience of county ‘health’ ‘orders’: School Board’s illegal (?) silence since October 2, so I offer final choices with warning of lawsuits (8 of ?) | WHAT REALLY HAPPENED X-Frame-Options: DENY X-Frame-Options: SAMEORIGIN

Challenging our public school district’s obedience of county ‘health’ ‘orders’: School Board’s illegal (?) silence since October 2, so I offer final choices with warning of lawsuits (8 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).

Summary: 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. 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 now defines as a “written complaint.” Since October 2, the district has been silent, despite their promise to respond within 30 days of the board’s receipt. Below is the update of today’s email.

Update:

“We draw from our community’s rich diversity in order to create an engaging and equitable educational experience, delivered in a safe and supportive environment.” ~ HUSD Board of Education Mission Statement

Dear Board Members and Colleagues,

On October 12, Superintendent (omitted) promised follow-up to my appeal to our School Board asking how HUSD can support apparent dictatorial and illegal “health” “orders” as working conditions for teaching and learning.

Are we in agreement that HUSD is out of compliance by failure to respond?

I factually assert that Alameda County’s “orders” are illegal dictates because of your collective silence to § 8627.5. (b) of the California Emergency Services Act that “emergency necessities” are for a maximum of 60 days and therefore expired in May 2020. In addition, California Code 8558 (b) requires hospitals “beyond control,” which according to all testimony I’ve heard from ~20 local health care professionals never happened, and is not happening now despite what corporate media “report.” A reasonable person independent from this situation would assume that HUSD is in tacit agreement that the county has no authority, and chooses evasion for an undisclosed purpose. An independent mind would expect HUSD to explain, “Even though emergency dictatorial authority lasts 60 days, the county can still order us because … (a, b, c).” As we’ve discussed, there are thousands of lawsuits on these issues. I am unaware of any defense other than tragic-comic, “We are order followers!”

I remind you how easy my requested remedy is for you to say, “Yes!”
HUSD withdraw support of county health communications beyond “expert advice” because threatening $1,000 fines per violation and a year in jail is prima facie illegal. This is the remedy, unless:
The county and/or governor fulfill their burden of proof to explain how their authority is valid when emergency powers are both expired and do not meet required conditions of “beyond control” hospitals.

It’s certainly not reasonable for HUSD to ignore dictatorship beyond 60 days, AND provide silent agreement with authoritarian government. By not providing one word about this obvious and necessary limit for government to order We the People under life-destroying threats, HUSD becomes complicit to replace American limited government with unlimited dictatorship. As a National Board Certified Teacher who has taught AP US Government, and worked directly with both political parties’ Leaderships over 18 years up to two UN Summits for heads of state, I’ve repeatedly asked HUSD to address the 60 day limit to dictatorship, and have received only silence on this point. I promise to shine increasing light on this crucial condition for limited government until you specifically answer.

I also remind you that from the beginning I’ve offered my help because the pathway you’re on directly contradicts what all HUSD and California Social Science teachers teach, and all HUSD and California students learn:

Limited government means government can never ever ever ever impose authority beyond written statutory limits. In this case, most Californians would be comfortable with the Emergency Services Act limit of 60 days’ emergency powers if local hospitals have “beyond control” conditions. At this moment, most Hayward HS teachers are aware of my questions to you, the status of your answers, with a few gaining passion because they reject your answers. Your current support for dictator policy puts HUSD at risk of receiving Dr. King/Gandhi demonstrations forcing you to answer how and why you support illegal orders. Will you tell students and families that dictatorship keeps them safe? Will you threaten to fire teachers who respond to HUSD, “Sure, I’m totally willing to be a good employee with safe working conditions upon your demonstration that these working conditions are lawful. Answer Carl’s questions, please.” HUSD’s current path risks lawsuits likely to cost millions over time. If you haven’t considered this likely outcome to promote dictatorial “orders,” you should.
Workers are promised safe working conditions. HUSD officially states “whatever masks” are superior to OSHA and CalOSHA safety standards for viruses and therefore allowed to be “ordered”! This perilous condition you’ve placed yourself in is more complicated, but much worse because I can’t see any other explanation a reasonable person would conclude other than you’re lying. Because you haven’t responded to my obvious questions about your statement which are your legal minimum, I ask again: please provide the cited relevant texts of OSHA and CalOSHA, names of the experts providing this conclusion you claim, and the data to support this conclusion. Really, colleagues, can you see how ridiculous your claim is on its face: whatever coverings, including a SpongeBob or Homer Simpson t-shirt secured by rubber bands, provides superior safety protection to OSHA and CalOSHA safety protocols. That’s what you wrote to me, and I tried to read as generous as I can imagine to your intentions. Correct me if I’m wrong, citing your text.
All school employees take an Oath to “support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic.” I’ve provided the exact legal text proving county “health” “orders” are dictatorial and illegal, and therefore un-American and unconstitutional by definition. Please correct me if I’m mistaken in this conclusion. Please answer with how someone with our Oath should respond to their employer promoting dictatorial policy.
HUSD promises a Core Value to “communicate with integrity and transparency” but ignores the central question how their policy is legal given explicit and definitive California law crystal-clear in letter and intent over this 5th detailed email, 3 Levels of Grievance, and an appeal to School Board apparently out of compliance to respond. All districts have similar language, so please know every public school district currently is, or soon will be facing your choices. A prudent and independent observer would admonish that HUSD’s failure to answer the three basic questions I repeat in conclusion means zero integrity and transparency. If you insist on your current pathway, HUSD officials are likely to meet such independent observers as jurors. This is not a threat, but a prediction of your actual position that you may not recognize.

Allow me to encourage your truthful answers to the concluding 3 questions with additional data:
Harvard’s Medical School documents that so-called “lockdowns” cost 13 more years of life than Covid. Another study documents ten times more life-years lost from lockdowns. More documentation here, here, here, here, here.
HUSD’s failure rate has now more than doubled. I’ve read reports this is the “new normal” with no reports that students benefit (here, here, here, here, here, here, here, here, here).
Lockdowns are the greatest economic attack in US history, and fundamentally immoral to declare some of us “non-essential” workers. Some data how dire this poverty has become, and likely affecting thousands of people in our direct community: here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here.
1000s of lawsuits, with governors forced to stop dictatorship. You passed a high school US Government class, know what limited government is, and why it’s central to a Constitutional Republic. Please stand for basics that American government is limited by law. You would stand with the majority of Americans, including law enforcement (here, here, here, here, here, here, here, here, here, here, here, here, here).
Hypocrisy of political “leaders” violating what they demand of We the People under threat of fine and imprisonment. I’m sure you’re aware, but please answer at least to yourself: do our “leaders” really believe what they tell us, or are rules just for peons? Just some of the documentation: here, here, here, here.
Expert medical opinions refute Covid claims. Perhaps our “leaders” know something different from what they “order” us to obey. Just a sample: here, here, here, here, here, here, here, here, here, here, here, here.

In conclusion, this nation is founded upon Natural Rights guaranteed by government, and that no government can violate. The Declaration of Independence beautifully voices what Americans are most proud of, and why people around the world throughout modern history look to the US for genuine leadership.

Therefore, will HUSD provide this leadership to declare the Emperor’s New Clothes obvious of an illegal “health order,” and ask that it be justified?

I ask HUSD educated adults to do what all California students are required in Grades 6-8 (page 81 of Common Core Standards):

“Cite specific textual evidence to support analysis of primary and secondary sources.”

And you don’t even have to do this work: just ask the county who issued the orders.

Will you continue your current pathway for arrests, to fire employees, suspend or expel students, or even call those standing for limited government as domestic terrorists or enemy combatants?

I promised to help you look good with all of this. I can only fulfill that promise if you either provide the remedy I request that HUSD suspends enforcement of any threat of fine or punishment because prima facie facts show these as illegal “orders,” or provide reasonable answers that HUSD has so far evaded:
How are county “health” “orders” under threat of $1,000 fines and imprisonment lawful, given the Emergency Services Act limit of 60 days of emergency powers?
How are emergency orders valid given cited California Code that hospitals must be “beyond control”? If you argue this is a valid emergency condition despite the 60-day limit, please provide hospital data that your employees can verify. Again, consider.
How is a Homer Simpson or SpongeBob t-shirt secured by rubber bands safer for employees than OSHA and/or CalOSHA standards for this virus, as you claim? Please provide reasonable evidence how you know this is true that at minimum include applicable OSHA and CalOSHA standards, the experts who provided this conclusion with their explanation, and the data that support this conclusion.

Please provide your promised, and now late response, by Friday, December 18, 2020.

I am just a messenger: if you do not agree to my offered remedy, or provide reasonable answers to all three above questions that are a minimum to explain how your employee safety requirements are legal, then you will answer in other venues by awakening HUSD families, students, and employees.

Again, you can make me go away by accepting this remedy:

HUSD suspends enforcement of any threat of fine or punishment because prima facie facts show these as illegal “orders.” Please go through the motions to ask Alameda County to explain how our conclusions are wrong with definitive answer within one business week (bet they ignore you).

In all respect and support for your wisest choices,

**

Up Next: I requested our school board respond by Friday, December 18. I’ll report what develops.

**
I make all factual assertions as a National Board Certified Teacher of US Government, Economics, and History (also credentialed in Mathematics), with all economic factual claims receiving zero refutation since I began writing in 2008 among Advanced Placement Macroeconomics teachers on our discussion board, public audiences of these articles, and international conferences (and here). I invite readers to empower their civic voices with the strongest comprehensive facts most important to building a brighter future. I challenge professionals, academics, and citizens to add their voices for the benefit of all Earth’s inhabitants.
**
Carl Herman worked with both US political parties over 18 years and two UN Summits with the citizen’s lobby, RESULTS, for US domestic and foreign policy to end poverty. He can be reached at Carl_Herman@post.harvard.edu

Note: My work from 2011 to October 2017 is on Washington’s Blog, which the owner closed from Internet censorship in 2019, and here since. Work back to 2009 is censored by Examiner.com (blocked author pages: here, here). This means that some links in essays are inactive. If you’d like to see those articles, go to http://archive.org/web/, paste the expired link into the search box, click “Browse history,” then click onto the screenshots of that page for each time it was screen-shot and uploaded to webarchive.

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