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, 9, 10).
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 defined 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 I share below.
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.
Now in March 2021, given we’ve had no broader policy breakthrough, I’ve taken the next steps to give our district one more chance to defend their apparent embrace of dictatorial government, and invite our school’s teachers to be informed and join me in response.
Updates (1 of 3):
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. This was my March 6, 2021 response to our superintendent, school’s administrative leadership, teacher union leadership, and interested faculty:
Dear (name omitted),
I apologize contacting you directly, but you left no contact person for questions about your March 5, 2021 Staff Update, and the topic is of literal life and death importance.
I assume the county health data you reference for ~1,300 county deaths is this section on “cases & deaths.” Of the 1,285 reported deaths, 906 (71%) are age 71+, and 1,115 are age 61+ (87%).
These answers seem essential for an informed opinion from staff and community, as you ask:
How many HUSD staff and students have died of (not with) COVID?
What is the change of total county deaths from last year? Many report a death decrease despite COVID, with ~1,300 county deaths you report to us requiring comparative data for context. In addition, CDC reports flu-related deaths at the lowest ever, with concern testing conflates flu with COVID-19 and/or report false positives.
How many HUSD staff and students have been injured from COVID vaccines? CDC reports 1,381 US deaths after receiving a COVID vaccine (through VAERS with HHS research <1% of vaccine injuries are reported). As you know, the COVID mRNA vaccine is experimental and cannot be required as some districts are suggesting.
We’ll all have much more actionable data as many states are now removing all restrictions for schools and businesses. The data will tell the reality of risks.
Updates (2 of 3):
After no response, I emailed all parties on March 9, 2021:
May I please have answers to my three questions? If you share data among academic professionals, you have the responsibility to field questions. This is especially true when you share data directly connected to the greatest revision of working conditions in the history of our careers in public education, and then ask for our professional opinions.
I hope you’re curious enough to find out for yourself if county deaths have remained relatively stable, but if you aren’t, please provide the contact information for your source to county health data you shared with staff so I can get some answers. I already asked the county via their website, but I don’t know if they’ll respond. I’m also very curious as to county hospital data, as “beyond control” hospitals is required for emergency powers.
In addition, you also just sent us “Mandatory Preference Form for Families”: what do you mean by mandatory? You chose the same word the county threatens us with a year in jail and $1,000 fines if we do not comply.
I asked HUSD a total of 6 times through email, three levels of Employee Grievance, and appealed to our Board how HUSD can support mandatory county “health orders” under threat of jail and fines (and I assume being fired) given § 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.
On its face, this means the county and governor have zero authority under California law to threaten or order us, and neither does HUSD.
As an academic professional trained in careful reading, I can’t find HUSD’s answer to this specific question how our American and California limited government have authority, other than HUSD support of statute-unlimited orders from state and county because the 60-day limit is intentionally and willfully ignored. As I’ve discussed in detail, this position is the inverse of what we teach our children about limited government in each and every HUSD classroom.
On its face, HUSD’s support to follow orders of an unlimited government via “health orders” also violates our mutual 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” because a foundation of US and California government is limited authority under law that nobody is above.
If I’m in error as to HUSD’s response to 60 days of limited emergency powers under the California Emergency Services Act, please clarify by citing HUSD’s text that I failed to find.
As I’ve stated all along this path, my intention is only and always win-win, especially for our community members declared “non-essential” by the state, and under severe financial duress.
Please respond to make us all proud of HUSD.
Updates (3 of 3):
After no response from the superintendent, I sent the following email to all our school’s teachers, admin, school board, and union leadership on March 11, 2021 with the following bold title:
HHS Solutions and Beyond! PLC: Superintendent Wayne ignores COVID questions, HUSD ignores 60-day limit to CA emergency powers
Dear HHS colleagues,
HHS Solutions and Beyond PLC explores and communicates broader issues with direct impact on HHS teaching and learning. Of course, COVID is a topic of central concern.
The title states the entire issue; below are the details. If you’d like to co-sign a follow-up email to Superintendent Wayne for answers to the questions he so far ignores, and any questions you’d like to add, please respond to this email.
The reasons why this is important include:
Government-declared “non-essentials” need freedom to earn a living. So-called “lockdowns” have been the greatest economic attack in US history.
HUSD is vulnerable to lawsuits for knowingly and willfully enacting coercive, threatening, and illegal policies. HUSD could end this risk by simply asking our county and/or state to explain how their policies are lawful, but instead stand by and for ongoing dictatorial policies beyond explicit 60 day limit. Are lawsuits the way you want to spend our money for public education, or do you have other preferences?
We teach limited government. Our students and community (including “non-essentials”) will eventually demand accountability from HUSD for their Natural Rights guaranteed by government. Will you join them for the limited government we all teach, or stand with dictatorial power for as long as “leaders” decide for us? Most of us were perfectly willing to sacrifice the legal 60 days of emergency powers that ended in May 2020. Do you stand for “forever” “orders” for your “safety” in ignorance of the law, and teach that to our students and children?
Details: Beginning in September 2020, I asked HUSD what legal authority exists to accept county and state “health orders” under threat of a year in jail (and I assume firing employees) with $1,000 fines for every violation, given § 8627.5. (b) of the California Emergency Services Act limits “emergency necessities” at a maximum of 60 days, and therefore expired in May 2020. I also requested transparent hospital data because “beyond control” hospitals is another requirement to declare a “health emergency” (~20 professionals I know all testify our hospitals are within their control).
The California Emergency Services Act is the definitive law, with crystal-clear limit in letter and intent to never allow unlimited government powers.
My proposed remedy was for HUSD to ask Alameda County for an explanation how their “orders” are legal. If they couldn’t provide one, then downgrade HUSD’s response to “advice.”
HUSD rejected that simple remedy, and responded that their embrace of county “health orders” is legal because the county and state issued those orders.
Please read HUSD’s answer again. Then please go back and reflect on just the three reasons I offered above to join those of us unsatisfied under “order followers.”
HUSD ignored my question of the statute’s 60 day limit seven times through emails, three levels of Employee Grievance, and appeal to our Board. HEA’s position is that because our working conditions were negotiated in good faith, HEA would not interpret my complaint as a grievance for contract violation. I hope their position has evolved, because working under dictatorial and illegal policy under threat of firing, fine, and jail is obviously not a safe working condition.
As you all know, HUSD’s “just following orders” workplace policy is in opposition to what we teach all our students about limited government under law. On its face, this choice for dictatorial policy (what is said for as long as it’s said) rather than pre-agreed limits to “emergency powers” also violates our mutual 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” because a foundation of US and California government is limited authority under law.
This is a big deal, Americans. Choose your futures wisely
If you’d like the entire email and grievance communication chain, ask me and I’ll forward it to you. If anyone can explain how California government has any “ordering” authority given the 60-day limit, please help me understand. All lawyers I’ve gotten input from definitively assert there is zero authority to issue orders because 60 days means 60 days.
As you’ll read below, I told Superintendent Wayne that I was unable to locate any answer in any HUSD response to my questions, grievance, and appeal, and asked him to cite it, otherwise I’d have to report to you, dear colleagues, that HUSD chose to ignore the question.
Superintendent Wayne also chose to ignore responding to either of the below two following emails from March 2021 (I had 3 questions about COVID data he recently shared). I will not accept ignoring a fundamental and essential part of American constitutional government that nobody is above: US government is limited and NOT unlimited dictatorial orders. And again, as I’ve repeatedly asked Wayne and HUSD: if I’m wrong in their position of ignoring my question about limited government, please point it out to me. All I receive is crickets, and that HUSD will follow orders without question because government dictated those orders, and apparently a 60 day limit to that authority isn’t worth questioning, and is below offering a direct answer.
For those interested in co-signing a letter to Superintendent Wayne and HUSD School Board for an explanation how the county/state have any ordering authority given the strict limit of law meant to prevent ongoing emergency powers, please reply to let me know. And again the remedy I offered is simple: ask the county and/or state for an explanation. If they can’t provide one, HUSD withdraws their obedience to prima facie illegal “orders” and downgrade “mandates” and “health orders” to “advice.”
One more analytical question: why did HUSD reject my remedy to simply explain how “health orders” were valid beyond the legal limit of 60 days, or ask the county and/or state? Is the answer:
The orders are OBVIOUSLY lawful because they were ordered, and require no explanation to address the 60 day limit. Employees must obey without questions.
The “orders” are Emperor’s New Clothes illegal because they are beyond the 60 day limit. For some reason, HUSD declines even asking the county and/or state. Hmmmm.
If I’m suddenly placed on Administrative Leave or fired, that will be a big clue as to the answer.
Below are the latest two emails to Superintendent Wayne:
(Then the two above emails)
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 [email protected]
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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