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 (5 of ?)

In our last episode (articles 1, 2, 3, 4): Given my school district’s only response to my questions of how their support of county “health” “orders” is legal was to re-order us to “obey,” I promised to file a grievance as well as complain to state and federal levels if they did not respond by Monday, 9/21/2020. The district chose silence, so I delivered my promise.

Here is the summary of status, with a copy of the grievance statement:

Department of Justice Civil Rights complaint: I filed 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. I also requested enforcement to end apparently illegal “orders” that violate Federal Article 18 Section 242: DEPRIVATION OF RIGHTS UNDER COLOR OF LAW. DOJ’s automated response reported they will investigate, without promise of any response.

California Department of Fair Employment and Housing complaint: I filed a complaint that 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. Their system scheduled an interview with me in early December.

Grievance: Our teachers’ union contract has three levels of grievance, beginning with an informal conference with my immediate administrator: our school principal. I emailed my principal along with Superintendent, school board, and interested colleagues to request the informal conference.

I received a phone call from our union’s vice president (and also my department chair, who I greatly appreciate for her dedication to students and teachers) who explained the grievance “won’t go anywhere” because the union negotiated our work conditions. When I asked what happens if a component of the policy is illegal, she replied with broad health concerns. She encouraged me to “go for it,” and perhaps the district will cooperate.

The reality of our contract: the principal will respond to the formal Level I grievance likely punting to the superintendent for Level II. Our union will not support a Level III arbitration, so this seems the end of this legal action.

I will communicate status to our teachers.

Statement of Grievance:

HUSD’s support of county “health” “orders” is outside emergency power limits from prima facie examination of applicable California law. This means that according to all reasonable evidence, HUSD and HEA are mistaken in their support. Absent any reasonable explanation the “health” “orders” are within the limits of California’s documented emergency powers, then further support of HUSD is OBVIOUS dangerous devolvement to unlimited and dictatorial government that includes threat of fine and imprisonment.

Obviously, HUSD is in egregious violation of our safety to embrace dictatorship to order us to obey an illegal policy (unless proven lawful), ignoring questions by an employee to repeat “orders” to “Obey,” and supporting the illegal threat to all our community members to fine us $1,000 per violation, arrest us, and lock us in cages away from our families and work up to a year.

This is among the most unsafe and terrifying procedures imaginable.

HUSD, unless they provide immediate removal of support, is setting the precedent to incorporate illegal policy under threat of fine and imprisonment! This is the opposite of safe working conditions.

HUSD’s support of enforced poverty connected to the orders threaten thousands in our community with 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 and tens of millions of Americans creates unsafe and illegal conditions of fear, threat, intimidation, and harassment.

Date: On or about 9/21/2020

Informal conference: declined by Principal (name omitted)

Specific contact provision alleged to have been violated (cite source):
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.”

Remedy sought:

1. HUSD either:
Immediately explains how support of county “health” “orders” is lawful given the limits of California Code 8558 (b) of hospitals “beyond control,” and § 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. Or:
Amplifies this question to at least the level of the county for an answer within one calendar week.
If neither HUSD nor the county provide a reasonable and prudent explanation, HUSD either:
Makes an immediate public statement withdrawing support of “health” “orders” because applicable law seems to prove such “orders” are void. Or:
Immediately does whatever is legally required with prima facie evidence that HUSD and county policy are illegal (you are welcome to include state-level). This will be fully transparent in all aspects except explicitly excluded by law. This begins by immediately answering if the district has a responsibility to explain if a policy is legal when asked by an employee (if no responsibility to explain, cite relevant law).
2. HUSD reaffirms 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”