Challenging our public school district’s obedience of county ‘health’ ‘orders’: meeting with Assistant Superintendent (6 of ?) | WHAT REALLY HAPPENED

Challenging our public school district’s obedience of county ‘health’ ‘orders’: meeting with Assistant Superintendent (6 of ?)

Perhaps the most helpful communication this time is a summary of events to now, an update, and preview of coming events (articles 1, 2, 3, 4, 5).

Summary: The California “lockdown” to “flatten the curve and keep hospitals running” has lasted over 6 months, despite statutory limit for emergency powers due to “beyond control” hospitals lasting only 60 days and despite hospitals being 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 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.

Update: The first of three grievance levels was the school principal escalating to the district. The superintendent appointed the Human Resources Assistant Superintendent to Zoom-meet with me “in order to resolve the issue.” We met Friday afternoon.

A person with expertise in health and safety regulations emailed me earlier to give me a heads-up for a point I added for the school district’s legal response due Friday October 2.

My email to this top-level administrator after the meeting:

Thank you for our Zoom meeting, Ms. (omitted)

To summarize our current status, and Ms. (omitted) please communicate anything in need of correction:
HUSD is attempting good-faith compliance with county and state guidelines.
The two areas of California law that apparently ended emergency powers in May 2020 (60 day maximum power), and that require "beyond control" local hospitals raise important questions that HUSD must research and answer. The apparent crystal-clear letter and intent of the law to limit emergency powers seem to mean there is no lawful authority to require compliance, especially under threats of fine and imprisonment.
HUSD is required under law to be compliant with CFR (Code of Federal Regulations), OSHA (Occupational Safety and Health Administration), Cal/OSHA, and perhaps other agencies. The "orders" of "face coverings" are not compliant with those agencies for health protection. This raises an obvious problem that HUSD must address to resolve.
All HUSD employees are under 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."
If I can be of further service for information, please ask.

"Those who would give up essential liberty, to purchase a little temporary safety, deserve neither liberty nor safety."  ~ Benjamin Franklin, (variations from 1738, 1755, 1775)

I followed with this email today:

I was trying to confirm that OSHA and any other federal agency have supremacy over California state and county, and I think they do. I'll be surprised if it's the reverse. If so, that means California state and country policies of "whatever face coverings" are void because of obvious non-compliance with OSHA. 

"State Plans are OSHA-approved workplace safety and health programs operated by individual states or U.S. territories. "
https://www.osha.gov/stateplans 

"The California State Plan also applies to state and local government employers. It does not apply to federal government employers including the United States Postal Service. Federal OSHA covers the issues not covered by the California State Plan."
https://www.osha.gov/stateplans/ca 

Thank you, Ms. (omitted), for your professional consideration.

The truth shall set us free,
Carl

Next up: This public school district will give me their response to my grievance by Friday October 2, 2020.

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