Challenging our public school district’s obedience of county ‘health’ ‘orders’ of mask requirement and ‘non-essential workers’ forced poverty, or face-fines and imprisonment (4 of ?) | WHAT REALLY HAPPENED

Challenging our public school district’s obedience of county ‘health’ ‘orders’ of mask requirement and ‘non-essential workers’ forced poverty, or face-fines and imprisonment (4 of ?)

The following is my fourth email to my public school district’s leadership. They have yet to answer my one simple question of how their obedience to our county’s “health” “orders” are within the stated limits of emergency powers. I now provide choice for their reasonable answer by Monday, September 21, 2020, or my initiating three legal complaints to force their answer (emails 1, 2, 3).

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§ 8629. Termination of state of emergency; proclamation
“The Governor shall proclaim the termination of a state of emergency at the earliest possible date that conditions warrant.” ~ California Emergency Services Act

§ 8627.5. Authority of Governor; nonsafety regulations on delivery of food products; pharmaceuticals; and other emergency necessities; form of orders and regulations; effect; duration
(a) The Governor may make, amend, or rescind orders and regulations during a state of emergency that temporarily suspend any state, county, city, or special district statute, ordinance, regulation, or rule imposing nonsafety related restrictions on the delivery of food products, pharmaceuticals, and other emergency necessities distributed through retail or institutional channels, including, but not limited to, hospitals, jails, restaurants, and schools. The Governor shall cause widespread publicity and notice to be given to all of these orders and regulations, or amendments and rescissions thereof.
(b) The orders and regulations shall be in writing and take effect immediately on issuance. The temporary suspension of any statute, ordinance, regulation, or rule shall remain in effect until the order or regulation is rescinded by the Governor, the Governor proclaims the termination of the state of emergency, or for a period of 60 days, whichever occurs first. (emphasis added)

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Dear HUSD colleagues,
I’ve professionally asked three times for HUSD to explain how your imposition on our work conditions are within the limits of California’s emergency powers. Please allow me to summarize the facts and HUSD’s position that I will begin presenting to legal venues on Monday, unless you’d like to accept my completely reasonable proposal to amplify my question to require an answer from the county.

If any of the claimed facts are in error, please let me know.

If the county can legally justify their emergency orders with the apparent requirement of transparent hospital data “beyond control,” I will verify their data claims then fully consider their response. If the county provides similar cooperation as HUSD has so far demonstrated, HUSD must force answers in legal venues as I model, and publicly withdraw support of their “orders” to the downgraded “advice to accept or reject.”

Facts unchallenged by HUSD, and HUSD’s position:
“State of emergency” means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions such as … epidemic, … which, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat … ~ California Code 8558 (b)
“WHEREAS I find that conditions of Government Code section 8558 (b), relating to the declaration of a State of Emergency, have been met;…” ~ Proclamation of a state of emergency, Governor Gavin Newsom, March 4, 2020
HUSD chooses to ignore my central question of how emergency dictatorial powers are within the above limit of “beyond control” and therefore a legal policy of limited government rather than unlimited, illegal, and void policy.
(You can add the citations at the start of this email from California’s Emergency Services Act that seem to show the Governor’s emergency powers legally ended in May. Aren’t you curious enough to demand county answers to all these interesting facts?)
HUSD rejects my simple remedy: ask the county to either explain their policy as lawful and supported with transparent hospital data, OR downgrade “orders” to “advice.”
HUSD chooses to respond to this central question of limited government we all teach our students to stand for by stating a position we all teach our students to reject, a version of: “HUSD just follows orders.”
HUSD’s position is to co-conspire with the county’s “health” “orders” to threaten employees, parents, and students with fines up to $1,000 for every violation, and to be forcibly removed from their families and locked in a cage up to one year: Cal. Penal Code §§ 69, 148(a)(1).
HUSD supports forcing our community families into economic emergency by “teaching” some of them are “non-essential workers” and must surrender their income, while also “teaching” HUSD will stonewall questions how this is a lawful “health order.”
HUSD’s position to support closing “non-essential” work is an economic emergency of enforced poverty of “non-essentials” (Yelp reports 60% of their businesses communicate they have been permanently destroyed). I can’t imagine a more destructive policy to our community.
HUSD’s position is to offer the same flowery “reasons” we teach all students to recognize as a pattern of historical dictatorial regimes: “public safety” without transparent and independently-verifiable data (in this case that hospitals’ Covid response is “beyond control”).
HUSD’s position is to ignore our 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” by stonewalling the obvious professional and legal response to either answer the central question of limited government, or amplify it to the county for their answer.
HUSD’s position is to refuse to model what we teach all our students to perform beginning in Grade 6 (page 81 of Common Core Standards): “Cite specific textual evidence to support analysis of primary and secondary sources.”
HUSD stonewalls crucial facts I provided that any reasonable party would engage with as further motivation to ask the county to justify “health” “orders” with transparent data of the legal limit of “out of control hospitals”:
The original model of “pandemic” data is from a hypocrite who resigned in disgrace, and with history of at least two previous “death by pandemic” predictions off by 99% and 99.9999% (here, here, here).
Stanford and UCLA report that even without masks or “social distancing” (an Orwellian term) the risk of death for adults ages 50-64 is just 1 in ~19 million, with chance of hospitalization 1 in 852,000. For magnitude figure of HUSD having 1,000 adult teachers and staff, this means the risk of hospitalization is currently one hospitalized HUSD adult between now and the year 2872.
As you may know, there are hundreds of similar legal challenges across America and the world (perhaps thousands), with Pennsylvania’s “health” “orders” declared void by a federal judge.

Why does HUSD oppose simply asking the county to justify their “orders”?

As nobody I’ve addressed has responded, I ask just once more before I initiate legal action to force HUSD’s response:

Why is HUSD opposed to such a reasonable and easy remedy to just ask the county about their data justifying “out of control” hospitals?

As a helpful educator, I don’t recommend your current choice of standing for unlimited government, and having to defend against the above facts in legal venues and to our community. But this is your choice, not mine.

Last chance: either talk me down from my understanding of illegal HUSD policy or you’re welcome to try your current approach in legal venues.

Monday: Grievance, Civil Rights complaint, workplace harassment complaint against HUSD:

Grievance: I will begin a Level I grievance against Superintendent Wayne and whoever else applicable for violating Article 9 EMPLOYEE SAFETY to “make provisions for the safety of unit members in all aspects of their employment. This shall include published District or school procedures on the safety of unit members.”

HUSD’s embraces policy that on its face is outside emergency power limits. This devolvement to unlimited and dictatorial government includes threat of fine and imprisonment. Obviously, HUSD is in egregious violation of our safety to order us to obey, ignoring questions why by simply repeating “Obey,” and under ongoing HUSD support to fine us $1,000 per violation, arrest us, and lock us in cages up to a year.

This is among the most unsafe and terrifying procedures imaginable. HUSD setting the precedent to support illegal policy under threat of fine and imprisonment is the opposite of safe working conditions.

HUSD’s support of enforced poverty threatening thousands in our community creates conditions for future riots: obviously unsafe.

HUSD’s stonewalling of OBVIOUS and BASIC questions about their policy that many of our students, parents, and teachers are asking as well as millions of Californians creates unsafe conditions of fear, threat, intimidation, and harassment.

Department of Justice Civil Rights complaint: I will file a DOJ complaint against HUSD for violating at least my 1st Amendment Rights to speak freely without a mask, and to assemble without intimidation of being arrested if I’m within six feet of another human.

Please be advised that HUSD’s current support of apparently illegal “orders” may violate Federal Article 18 Section 242: DEPRIVATION OF RIGHTS UNDER COLOR OF LAW:

TITLE 18, U.S.C., SECTION 242
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

California Department of Fair Employment and Housing complaint: Again: HUSD’s stonewalling of an OBVIOUS and BASIC question that many of our students, parents, and teachers are asking about HUSD-supported policy creates unsafe conditions of fear, threat, intimidation, and harassment because we’re forced to obey under “color of law” that includes our being fined $1,000 per violation with up to one year of imprisonment.

How is this not harassment when we’re threatened with fine and imprisonment under HUSD policy, and not allowed to receive any rational explanation why other than “Obey”?

I will complain.

“Harassment is prohibited in all workplaces.”

Last chance: HUSD has the right to provide their answers in a legal venue if they choose to not respond to an employee’s question.

I’ve emphasized to all of you my intent only and always for a win-win outcome: in this case to amplify my question to the county, and if they will not or cannot answer to demand downgrade from their apparent illegal “Color of Law” threats, intimidation, and harassments.

Won’t you feel much better about your professional responsibility and leadership by accepting my proposal?

Won’t you regret having to defend “We at HUSD follow orders, stonewall data, and refuse questions!” in legal venues? I really don’t know how you’re going to defend that position, especially as professionals in education after the briefings I’ve provided.

If you choose silence as your answer to this last chance to answer my question of how your support of “health” “orders” is legal and limited government, or provide the remedy I request to support my question to the county, then also please be advised that I will seek monetary compensation for my professional time and energy invested in legal remedies.

If you choose to respond to this last chance, you have until 4AM on Monday September 21, 2020, for at that time I get to work for legal remedy and relief.

In closing, George Washington emphasized limited government as a central idea in the cumulating message of his 45 years of public service in his Farewell Address, an open letter to the American public. Please give George a minute of your attention:

“All obstructions to the execution of the laws, all combinations and associations, under whatever plausible character, with the real design to direct, control, counteract, or awe the regular deliberation and action of the constituted authorities, are destructive of this fundamental principle, and of fatal tendency. They serve to organize faction, to give it an artificial and extraordinary force; to put, in the place of the delegated will of the nation the will of a party, often a small but artful and enterprising minority of the community; and, according to the alternate triumphs of different parties, to make the public administration the mirror of the ill-concerted and incongruous projects of faction, rather than the organ of consistent and wholesome plans digested by common counsels and modified by mutual interests.

However combinations or associations of the above description may now and then answer popular ends, they are likely, in the course of time and things, to become potent engines, by which cunning, ambitious, and unprincipled men will be enabled to subvert the power of the people and to usurp for themselves the reins of government, destroying afterwards the very engines which have lifted them to unjust dominion…”

In all respect and support,

Carl Herman
National Board Certified Teacher
National Board Certified Teacher Coach
[email protected]

HUSD’s Mission and Core Values:

MISSION STATEMENT
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.

CORE VALUES
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.

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