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Challenging our public school district’s obedience of county ‘health’ ‘orders’: District and teachers’ union decline response to employee Grievances demanding explanation how ‘orders’ are lawful, parents + employees organize, AFLDS attorneys ready to sue

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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 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29).

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:
Teachers, staff, students and families will follow “health” “orders” because they are ordered.
“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.
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 second email also served as request for arbitration, given the district declined to respond to the previous two levels of employee grievance (they do not respond because they have nothing except the illegal “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.

**

Update 1:

District and teachers’ union decline response to my employee grievance demanding explanation how district “health” “orders” are lawful: I filed an employee grievance on September 19 that our contract forbids the sharing of any details. I will share my redacted two emails to teachers’ union President, VP, and Board Members requesting they stand with me to demand answers to OBVIOUS questions of district legal authority for prima facie-illegal “health” “orders”:

First email:

Tue, Sep 28, 5:47 AM (4 days ago)
to (teachers’ union President, VP, Board Members)

“I just wanted to add that, just wanted to remind everybody, that under an Emergency Use Authorization, an EUA, vaccines are not allowed to be mandatory. So, early in this vaccination phase, individuals will have to be consented and they won’t be able to be mandated.”
~ CDC Executive Secretary Dr. Amanda Cohn, Advisory Committee on Immunization Practices @1:14:40 (the legal option to “accept or refuse” an EUA was previously affirmed by President Biden, Vice President Harris, House Speaker Pelosi, Dr. Fauci, and Press Secretary Psaki).

Dear HEA Board Members,

HUSD has chosen silence and timeline violation of my (redacted) documenting that their “health orders”:
Violate our contract for policies “in conformance to law” (Article 3),
Violate US Code Title 21 U.S.C. § 360bbb-3(e)(1)(A)(ii)(III) (Emergency Use Authorization products must only be administered only and always with option to refuse; that is, full power of choice without coercion or penalties),
Violate US Code Title 18 Section 242: DEPRIVATION OF RIGHTS UNDER COLOR OF LAW, and California Government Code 8558 (b) that “emergency orders” authority requires “beyond control” local resources (hospitals in this case) (see attached),
Ongoingly violate California Government Code 8558 (b) that requires “beyond control” hospitals to authorize emergency dictatorial orders (this is the law cited by Governor Newsom “to keep hospitals operational”),
Threaten all HUSD families and employees with direct threats of expulsion, employment termination, $1,000 fines per violation, and one year imprisonment under Cal. Penal Code §§ 69, 148(a)(1), as Alameda County Health Orders warn the public after the title of each “order,”
Violate our mutual STATE OATH OF ALLEGIANCE to support and defend US and CA Constitutions of limited government under California and Federal Laws as cited, and instead authorizes ongoing and unanswerable dictatorial authority.

Because (President and VP) have not responded to my September 19th request for HEA’s position (or my September 20 follow-up, with both copied at the end of this message), I’m again pressed to appeal to you.

I would like to discuss a (redacted) and/or other options to force HUSD to respond to the above laws to demonstrate their policies are “in conformance to law.”

Over a year ago in September 2020 when I began requests to HUSD to explain and cite how their “health order” obedience was in conformance to the above laws, HEA’s VP telephoned to inform me that HEA wishes me well to get answers to my questions, but HEA will not support such a Grievance because MOU (Memorandum of Understanding) terms were negotiated in good faith.

Now over a year later in the face of HUSD approval of illegal mandatory EUA injections of students, and illegal mandatory EUA tests on all employees (the exact steps New York USD took before illegal mandatory EUA injections for employees), I must ask the HEA Board what (President and VP) have yet to answer, summarized simply:

“Unless HEA can cite and explain the legality of “COVID-19 Vaccine Verification” with either experimental tests or experimental injections, and considered mandatory student injections of experimental medicine, then it’s time for HEA to join me to force HUSD to answer to their claimed legal authority beyond the illegal “just follow orders.””

Our HUSD teachers are not experimental animals nor “patients of the state,” and neither are our students.

As you may know, CDC data show that teens injected with COVID shots have 7.5 times more deaths, 15 times more disabilities, and 44 times more hospitalizations than all FDA approved vaccines added together in 2021 (more game-changing data in my attached and censored PLC report).

New Zealand’s Prime Minister went on Facebook September 26th to encourage vaccination, and instead received over 31,000 comments highlighting vaccine injuries. Two Johnson and Johnson scientist insiders admit children should not receive experimental injections (one scientist: “Kids shouldn’t get a fu


Source: https://carlbherman.blogspot.com/2021/10/challenging-our-public-school-districts.html


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