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 (1 of ?)

Perhaps the most helpful communication is a summary of events to the most recent article, the specific updates when they occurred, and preview of coming events (articles 123456789101112131415161718, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32). 


This is my best “shot” to explain, document, and prove the “Covid” + “vaccine” narrative are Crimes Against Humanity: a 4,700-word essay I sent to ~100 teacher colleagues.


Summary (links = full documentation): The California “lockdown orders” we were all told were necessary to “flatten the curve and keep hospitals running” have lasted since March 3, 2020. The California Emergency Services Act (ESA) is derived from California Government Code 8558 (b) that requires “beyond control” hospitals to authorize emergency dictatorial orders. Because Californians never received comprehensive hospital data, our government and corporate media “leaders” are lying in omission. Because problematic “positive cases” (and here, here) were substituted for “beyond control” hospitals, our leaders lie in commission. All testimony I’ve received from ~20 medical professionals here in NorCal report all hospitals they know of have been fully within their control throughout the “pandemic.”


As a NorCal public school teacher, at the start of our school year in September 2020 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. I cited our mutual Oath to “support and defend” the US and CA Constitutions. I reminded the district I merely ask them as educated professional adults to perform what we expect from all our Californian Middle School students in our State teaching standards: “Cite specific textual evidence to support analysis of primary and secondary sources.” (page 81).

 

After two requests, the district contact person responded by ignoring my questions, and that employees are required to obey “California mandates” “to protect you” under threat of being terminated. I emailed our district superintendent, school board members, my school principal and two interested teachers that we teach all high school students in our US History classes that the district’s position of “just following orders” is an illegal defense, and asked again how ESA limits are being honored.


After continued district 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 employment termination, $1,000 fines per violation, and one year imprisonment under Cal. Penal Code §§ 69, 148(a)(1).


Our union responded with support to ask the district, and to communicate privately 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 redefined 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 as Chair of a school Professional Learning Community (PLC) on broad educational topics directly affecting our school’s teaching and learning. A few teachers have communicated support, but our Social Science Department found no interest in this topic when I emailed them in inquiry.


Our district superintendent then answered my questions, and concluded with: “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.” I responded I would do so, and report my findings. 


I followed up with 14 CA government agencies over 6 weeks, with all ignoring the question of how the limit of “beyond control” hospitals was being honored for “emergency” dictatorial authority, and 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.


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 requiring that our 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 lying in commission that “emergency powers” are authorized by unreliable “positive” “cases.”


At the end of April 2021, I wrote a lengthy and fully documented report of those 14 CA government agencies’ responses, and emailed it with a cover letter to district leadership, school board members, teachers’ union leadership, our 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 has yet to respond to my questions regarding their undocumented complaints as the “foundation” to their threats.


I appealed to our teachers’ union for relief (and here, here). After 4 emails and 15 days of silence from our union President and VP, I sent this email to 14 of the Board of Directors of our teachers’ union. Our President and VP then responded for a next step “to gain clarification regarding matters within our scope and discuss next steps, if any.” We Zoom-met, and our union President met with district Assistant Superintendent of HR on May 25, 2021. The district emailed me claiming my PLC report somehow “harasses or disparages” my colleagues “based on their political beliefs,” yet fails again to provide any documentation or explanation despite the union and my requests.


I filed three employee grievances for apparent contract violations, with our contract requiring my silence of proceedings. On July 8, I spoke by phone with our teachers’ union president, who reported that the district  is again considering my Grievances as employee complaints, with HR Assistant Superintendent admitting failure to address my requests for the district to document and explain their complaints.


On July 9, 2021 our teachers’ union held a Zoom conference with ~100 teachers to explain the tentative agreement for work conditions for 2021 - ‘22 school year for staff, students, and families to obey “the most restrictive health measures” “ordered” by state, county or federal government. I asked the first question for our union to explain how the state has ordering authority given the strict limits of “beyond control” hospitals, with union president, VP, and another union board member responding they are still representing my question, but all legal information they’ve received is that there is no requirement to oppose ordering authority until proven in court. 


My school district’s final answer to my three employee grievances came on July 21, 2021: 

  1. Teachers, staff, students and families will follow “health” “orders” because they are ordered. 
  2. “Health” “orders” are whatever is ordered. We will not respond to requests for documentation of what is ordered as “healthy,” nor even acknowledge the question was asked despite our legal obligation to explain how all policies are within the limits of the law.
  3. If teachers ask further questions how our “health” “orders” are lawful or healthy, they will be disciplined up to termination under the “reason” that such questions “harass and/or disparage other’ political beliefs.”

On July 24 I responded to the district’s formal initiation of “disciplinary action steps” that lead to termination for unprofessional conduct by offering the district choice to finally cite their unsubstantiated complaints against me, withdraw the complaints and censorship, or face my attorney. On July 26, the district’s Assistant Superintendent for Human Resources responded in refusal to substantiate their claims of my unprofessional work; claiming “The District has provided you with the appropriate documentation that has sufficiently responded to your requests. At this time, there is no additional information that can be provided to you that has not already been provided.” Our teachers union President called me with analysis from her conversations with district leadership that the district is unwilling to look beyond their legal orders, and must be forced by court or legislative orders. 


I had a productive first conversation with an America’s Frontline Doctors (AFLDS) connected attorney, who promised to converse with her team to evaluate my case for possible lawsuit support. I have a second conversation scheduled to hopefully initiate lawsuit against my school district (and perhaps other parties).


On September 4, 2021, I reported to my ~100 teacher colleagues my best “shot” to “red pill” them about dozens of game-changing facts corporate media will never report (my published research on corporate media “reporting” lies known to be false as they were told for the many variants of the Wars on Terror). This report to teachers (at “Update 3”) makes a great essay to share with comprehensive facts of our big picture condition (and here).


On Friday September 17, our district superintendent announced the school board will address the question of mandatory student “vaccines” on Wednesday, September 22. I responded to district and teachers’ union leadership with legal notice of their prima facie-crimes, and initiated another employee Grievance for contract violation guaranteeing policies in conformance to law. My attorneys affiliated with AFLDS are watching district and union responses with professional interest, as they choose which cases are best to vigorously pursue.


On Wednesday September 22, the school board voted 5-0 to “mandate” full student “vaccination” for “Covid” (see my essay to ~100 teachers for absolute proofs for quotation marks). The public comment session for 1-minute remarks were ~15 against and ~25 for. Four parents and two employees contacted me, and I’ve initiated our organized work including informing the 3 attorneys paying full attention to these developing cases. I’m also actively engaged in three current employee Grievances, and will give our teachers’ union an ultimatum to honor our contract that all district policies be “in conformance with law” by standing with me against the district’s illegal “mandates” that violate US Codes 21 and 18, and California Government Code 8558 (b) that “emergency orders” authority requires “beyond control” local resources (hospitals in this case). CDC’s latest data seem definitive proof that California and national hospitals are well within control, just as each and every one of the ~20 local doctors, nurses, and other professionals I’ve asked have told me for 20 months.


On October 2, I sent a second email to our teachers’ union President, VP, and district Board Members arguing for their legal and Oath-sworn obligation to stand with me to force the district to explain the legality of their “health” “orders” given the above crystal-clear in letter and intent legal limits (the district’s stated position is “we just follow orders, and so will you”). Parents and employees are organizing. 3 teams of AFLDS attorneys are ready to file suit(s) if this case is considered the next best landmark case to pursue.


On October 17, 2021 I sent another Professional Learning Committee (PLC) report to district and union leaderships + Boards, and ~100 teacher colleagues with two central topics. First: HUSD refuses to address limits to state/county/district “health orders” regarding required student and teacher use of Emergency Use Authorized medical products (EUAs), despite :

The second topic of the October 17 PLC report is that our teachers’ union shared their position why “health orders” to “require” EUAs is lawful: the government is not kidnapping and forcibly injecting teachers. Yes, seriously; that’s their “legal” “justification.”


On October 21, 2021, our teachers’ union president emailed me to declare my employee grievance void that requested the district to either cite their legal authority for EUA work requirements given the limits of three definitive laws, or to downgrade “requirements for employment” to “advice.” The “reason” given was the union claims that the district doesn’t have to cite legal authority for policy because any proofs of illegal policies “do not concern violations of the CBA (Collective Bargaining Agreement)” despite the CBA stating all district policies must be “in conformance with law.” Both HEA and HUSD claim that state dictatorial “orders” are sufficient legal authority to compel obedience, and both have never addressed our mutual STATE OATH OF ALLEGIANCE for We the People to serve as a check on exactly this problem of illegal dictatorial government orders. My three subsequent communications to union President, VP, and Board were unanswered.


On October 28, 2021, HUSD responded to my last employee Grievance of policy violating California Health and Safety Codes § 24171 to § 24176 by unilaterally declaring it “an email request” of an “employee complaint” “against the legality of EUAs” that they then dismissed because we all must “follow orders.” I challenged that stand, as well as challenging district refusal to answer basic questions about “official” exemptions to EUAs.


**


Below is my email to our NorCal public school district’s designated contact for questions regarding “health” “orders.” Two weeks ago I wrote our teachers’ union leadership with similar questions, and followed-up yesterday as I received no response. 


My plan is to politely seek an explanation. Without plausible explanation how masks are within limited government, the alternative explanation seems to be that mask requirement is workplace harassment. Importantly, if Governor Newsom and counties have no lawful authority to enforce dictates to We the People, and insist on orders that any reasonable person would conclude are OBVIOUSLY outside emergency conditions, they are violating 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.


My email to our district contact, teachers union, and school principal:


**


“Even when pressed by the demands of inner truth, men do not easily assume the task of opposing their government's policy, especially in time of war. Nor does the human spirit move without great difficulty against all the apathy of conformist thought within one's own bosom and in the surrounding world. Moreover when the issues at hand seem as perplexed as they often do in the case of this dreadful conflict we are always on the verge of being mesmerized by uncertainty; but we must move.”  

~ Dr. King’s 1967 speech that silence is betrayal


Hi (omitted),

As the designated HUSD contact, please explain as our employer how requiring masks is legal, and not a textbook example of unlimited government we teach all students to reject. 


Because HUSD is supporting the county’s “Health Order,” HUSD has a burden of proof to demonstrate how threat of fine and/or imprisonment is within the limits of government power.


If after this reading you agree that masks are a lawful order, please explain the legal authority to me. I will then explain this to families, students, and colleagues. This is a chain of authority we teach to all our high school students. 


If you find that masks are an unlawful order, then please work with me to change the unlawful order back to original county and state language of guidelines.


Please answer the following basic and obvious questions

  • What is the authority the county has to demand wearing masks or be fined and/or imprisoned?
  • If that authority comes from the governor’s emergency declaration in March, what is the definition of “emergency”?
  • How have emergency conditions been demonstrated as real?
  • If required emergency conditions of overrun hospitals never happened, nor need for military field hospitals that were built, nor need for military hospital ships, how do the required conditions for an emergency still exist?
  • Because hospitals have been and are operational (so empty that most laid-off staff), doesn’t that remove emergency dictatorial authority? If not, please explain.

I’m politely, humbly, and professionally asking for HUSD to fulfill their legal obligation to fully explain an extraordinary and unique demand on employees. As I cite below, I’m demonstrating what HUSD expects all of our children to learn and do.


This explanation is especially important and timely given apparent physical and psychological health risks to require everyone to fully cover their mouth and nose or risk removal from one’s family to be locked in a cage.


If I’m wrong, please talk me down.


If I’m right, you have a legal obligation to stand with me to remove this illegal act of dictatorial and unlimited government. With all respect, I remind everyone of 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.” 


I ask because of what I see as a National Board Certified Teacher with a background of helping shape and deliver ~300 policy briefs for Congress for domestic and international policies to end poverty, along with networking among other legal experts. Please see abundant documentation here for what we see:

  • California law authorizes governors to declare “health emergencies” if, and only if, there is real or provable threat to overrun local response capabilities. This is exactly what we were told in March: “Flatten the curve to protect our hospitals.”
  • There was no emergency realized: hospitals here were near-empty, military field hospitals weren’t needed, military ship hospitals weren’t needed.
  • Therefore, no emergency exists, and no authority exists for state and local government “emergency orders.”

With all respect, unless you can cite the lawful authority to require masks, then the “order” is a textbook example of “unlimited government” we all teach to reject. Indeed, “unlimited government” “orders” was the foundation to begin the United States of America, and the main reason we all teach the curricular standard of limited government.


Definitions:


The Governor is hereby empowered to proclaim a state of emergency in an area affected or likely to be affected thereby when:

(a)He finds that circumstances described in subdivision (b) of Section 8558 exist; and either

(b)He is requested to do so (1) in the case of a city by the mayor or chief executive, (2) in the case of a county by the chairman of the board of supervisors or the county administrative officer; or

(c)He finds that local authority is inadequate to cope with the emergency.

~ California Code 8625


“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) 


emergency: a sudden, urgent, usually unexpected occurrence or occasion requiring immediate action.


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


Supporting documentation to encourage your honest responses: 


I am literally asking the educated professional adults at HUSD 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.”


“Civics is not limited to the study of politics and society; it also encompasses participation in classrooms and schools, neighborhoods, groups, and organizations. . . . What defines civic virtue, which democratic principles apply in given situations, and when discussions are deliberative are not easy questions, but they are topics for inquiry and reflection. In civics, students learn to contribute appropriately to public processes and discussions of real issues. Their contributions to public discussions may take many forms, ranging from personal testimony to abstract arguments. They will also learn civic practices such as voting, volunteering, jury service, and joining with others to improve society. Civics enables students not only to study how others participate, but also to practice participating and taking informed action themselves.”  ~ California History-Social Science Framework, pg. 9


From page 14:


“Teachers are encouraged to have students use the community to gather information regarding public issues and become familiar with individuals and organizations involved in public affairs… Whenever possible, opportunities should be available for participation and for reflection on the responsibilities of citizens in a free society… At each grade level, students can reflect on the individual responsibility and behavior that create a good society, consider the individual’s role in how a society governs itself, and examine the role of law in society.”


From page 15:


“Educators want students to perceive the complexity of social, economic, and political problems. They want them to be able to both comprehend and evaluate an argument and develop their own interpretations supported by relevant evidence. Educators want them to have the ability to differentiate between what is important and what is not. Students need to know their rights and responsibilities as American citizens and have both the capacity and willingness to participate in a democratic system of government. Educators want students to understand the meaning of the Constitution as a social contract that defines a democratic government and guarantees individual rights. Educators want them to respect the right of others to have different beliefs and ideas. Students need to take an active role as citizens and know how to work for change in a democratic society. The value, the importance, and the fragility of democratic institutions must be understood by all students. Only a small fraction of the world’s population now or in the past has been fortunate enough to live under a democratic form of government, and students need to understand the conditions that encourage democracy to prosper.”


From Appendix E on page 780:


“In today’s information age, informed citizens must be prepared to evaluate multiple and often contradictory sources to identify evidence for constructing claims, making arguments, or drawing conclusions about public issues, policy, and political candidates.”


In conclusion: 


I want everybody to win in my obvious and reasonable challenge to a “mask requirement.” A win will be our modeling professional responses to scholarly questions that are accurate. Please help everyone win with honest responses that you would be proud that I share with students, parents, colleagues, and our broader communities.


I am asking deliverance of 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.


In all respect and support,


Carl Herman

National Board Certified Teacher

National Board Certified Teacher Coach

Carl_Herman@post.harvard.edu


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