Tuesday, January 24, 2012

Challenging school authority is a crime?

As several of you know and as I have posted before, at my attendence several moths ago in a local school board meeting I was sent a letter, by the tax payer funded attorney to protect their interests against the tax payer, that stated by challenging authority I committed a criime, I was outraged.

After a few weeks of thinking how to pursue this, I decided to respond back to the school attorney to have a few questions answered so that I was made aware of just what the laws were so I didn't violate them again as I am a law abiding citizedn, or so I thought.

When a month had passed and I still hadn't recieved a response, I  made several calls to his office, left messages and still no call. In the last call when I aksed why I wasn't getting my calls returned and asked if I needed to go there to wait for him, the secretary asked me if I was threatening her...Serioulsy? Since when is asking if I need to go to an office to wait to speak to soomeone a threat? Is that a crime as well, I was getting discouraged and angry.

A week later I wasn't quite sure what to so so I wrote a final notice and demand with a time of compliance that I felt was reasonable to get my questions answered or I would be forced to take further action.

Below is the letter from the attorney, re-written by me to post, followed by the my letter of response and also my final notice and demand. Also included is a link of an article I printed that I used to help make my point that I labeled addendum C.

If you are a parent paying taxes to your public school, this should concern you greatly because you now have no rights and your only right to redress your school district  is to spend money on a lawsuit!

Dear Mr. Munds,

 It has been brought to my attention that on September 12, 2011 at a regularly scheduled school board meeting for the ---- school district, you caused a disruption during the meeting. Specifically, it was reported to me that in a rather loud voice you called the superintendent and board members “a bunch of communists” or something to that effect.

This was stated in the presence of other patrons, employees and students.

 It is the position of the --- school district that it has no control over the content of your personal three minute talk. However, the school board does have need to control its meetings where there are no disturbances or incitetful rhetoric being provided to its employees and board members of the District. The manner of your demeanor is problematic. An orderly process has been established for patrons to make public statements during an optional hearing of [ signed in] visitors( up to a three minute duration) section. Beyond that, there are NO RIGHTS afforded for your display of your public behavior.

 In fact, Idaho Code sites it a crime for any parent, guardian or other person to upbraid, insult or abuse a teacher of the public schools in the presence and hearing of any pupil and that individual is guilty of a misdemeanor ( ID section 18-916). Of course, a teacher also includes certified administrators under the definitions set forth by the Idaho legislature. If such conduct is disruptive to the education process, a person may be excluded from attendance on any school property.

 If any further disruptive behavior from you is observed or experienced by the School board, the district will pursue your removal from attendance at these meetings.

Hopefully, we will not be placed in a situation where that will occur and you will abide by our rules, as far as utilizing the limited section “hearing of [signed in] visitors.

 Very truly yours,

 Attorney at Law

 PS The school board wanted me to inform you tht SECURITY CAMERAS, a closed campus and locked gates are all allowed under Idaho code section 33-512(11). (They may be allowed but are they in violation of our constitutional protection.? Only those that have read it and understand it would know.)

My response back to the schools attorney

November 21, 2011
Dear Mr. Attorney,
I appreciate your letter dated September 21, 2011 regarding the alleged disruption of the --- school board meeting. The intent of my reply is to ask you to clarify and provide answers for the questions I have listed below to help me become more educated on how law works and government entities function so that I may better understand my restrictions that are placed upon me without my knowledge.
I am a father of four boys that is gravely concerned with the legacy we will be leaving them after you and I are long gone. I have a deep passion  and reverence for our American heritage and spend every waking moment learning more about our Founding fathers as well as constitutional, Biblical and common law. Every day I realize that we are straying further and further from our founding principles and know enough about history to know the direction we are headed as a nation at warp speed. I am so passionate about this knowledge  I have decided to run for state legislature again in 2012.
I feel I am grounded, reasonable and logical  and my desire as a God fearing, law abiding, tax paying  American that loves our children and desires the preservation of freedom is to take every opportunity to reach out to others, to have them consider alternatives to the direction we are headed.
So, now that I have told you a bit about me, I would graciously ask that you could provide answers to these following  questions including statutes, policies,  codes, constitutional provisions and supreme court cases for each question so that I may better understand my restrictions and be aware of them so that I do not break any laws. I originally had 25 questions but in the interest of time, I limited it to 12.

1.       I am concerned about the schools continual unrestricted ability to encroach on the rights of the student, the parent and family supported by the government and confirmed by the legislature.

2.       Please define, in detail, what form of government we have today so that I may understand the rules?

3.        Is the Constitution still our rule of law, if so, is it living breathing or to be interpreted as the founders originally intended?

4.       Who decides when rights violations have been committed? If this power remains in government and not in the people, what do we have in place now to protect the people from the government, when they begin to tell us what our rights are? And how do we begin to implement this protection when needed?

5.       If law is no longer designed to protect the innocent and punish those who are guilty as it was intended and is to "to ensure social justice" how does this not subvert the original intent of the law and our republican form of government?

6.       If rights and truth are relative and ultimately up to interpretation, leaving the people powerless over their government and swearing of the oath is no longer important isn't it the job of the legal system to ensure the people's protection from such arbitrary laws?

7.       If we now rely so much on the Supreme Court for what our rights are, In your opinion is the Supreme courts purpose to dictate our rights rather than to preserve them and does this not make the supreme court nothing more than a tyrant king replacing our constitutional republic with  a monarchy defeating the purpose of a constitution as our written rule of law established to protect our rights not to dictate them?

8.       It is my understanding of law, that the constitution, and all laws made thereof shall be the Supreme law of the land and that all laws, ordinances, policies, rules and state constitutions repugnant to it are null and void ( Art. VI, Sec. 2a). If this is true, much of the Idaho state constitution is null and void especially Art. IX, Sec. 1, that states "the legislature shall establish a free common school" because it outside the "few and specific
 powers" delegated by Art. I, Sec 8?

9.       If Schools are "free" why are they paid for by the taxpayer? If they are free and paid by the taxpayer, why do we pay a tuition, why do we pay to eat lunch, pay to enter sporting events and pay again for at those concessions that the taxpayer already bought, than have to pay to use it after hours when we paid for it anyway? It seems inconsistent in the laws where we would call something free, when in reality it is more expensive than if it weren't free? If nowhere in the constitutions does it say that all salaries and benefits for life shall be guaranteed by the taxpayer are we free to assume it isn't necessary to pay tuition or to enter sporting events?

10.   You also state that Idaho code is a crime. Where and how is this possible when crimes require an injured party- the victim, the "corpus delecti" , the witness, and a trial by jury? Are you suggesting that the constitution has actually been suspended and that Title 50, USC, The War powers Act is in force where all lesser laws-all violations, policies procedures, rule and ordinances are now to be considered crimes? If so, should not the people be aware that the constitution is suspended, or is ignorance no excuse for the law? If this is so, does this   ignorance also apply to attorneys and government officials that have abandoned their oath and do not understand the Supreme law of the land? Which entity then that committed the crime should be considered more severe?

11.   How can people be held responsible for all laws that are created as the
 list of laws increases? Is this not restricting the liberty and freedom of people putting  them  in fear of doing anything in fear that they are committing a crime? Does this not
 violate the constitution’s guarantee of freedom and the concept that the
 power is inherent in and to remain in the people and not their government, and isn't it a
 form of tyranny? If not, please explain.

12.   Where does any government entity, like the school board, get the authority to tell us what our rights are, tell us what is and isn't constitutional and who decides when enough protection is enough or does it matter? If a board member or school teacher dislikes me or what I said at a board meeting, can they not consider me a threat and lock the school down when no threat was actually posed? Are their clear written times and events when this procedure takes effect or subject to arbitrary interpretation?

In closing, I appreciate the letter I received from you concerning the school district as well as your attention to addressing my questions as requested.  Again, to clarify my intent in this letter, it is only to obtain answers to the listed questions so that I may be better educated  and able to understand the limitations on my actions.
Tom Munds


Mr. Attorney,

 By way of reintroduction my name is Tom Munds.  First I want to say, I respect all of your oaths of office and accept them, thank you for your service. 

I am writing this FINAL DEMAND LETTER & REQUEST FOR ANSWER because to date you have not provided me an answer to the questions I have concerning your letter representing the ----School District, September 21, 2011.  [See Addendum A my original letter], [See Addendum B Julian September Letter]

The issues that cause me great anxiety are those that harm my children and family and all others at the ----- School District who are afraid to speak out on these problems.  Specifically outlined in the first letter and to re-iterate, the loss of our personal freedoms e.g., paying for football games, parking issues, gated lots and lockdowns, inappropriate sexual innuendo by teachers and staff in front of and directing at children, forcing our children to sign documents under duress and coercion to play sports, stating vaccinations are regulations rather that suggested, then disallowing the Christian doctrine which this country was built on then turning around and busing children to see the Dali Lama (some did not bus children but other school districts did), teaching the philosophy of Humanism, and then not allowing us to bring our own food and drink to athletic events as well as having a school entity think they have the power to tell me what rights our community has.  All these trepidations listed are only a partial list of the whole and are not tied to public safety as the School District eagerly chants but a means of control; our School like others across the nation are indoctrination centers and a prison camps.  [See Addendum C]  I unambiguously demand you and the ---- School District to address these apprehensions immediately. 

The issues above carry tremendous significance for me, my family, and others that have experienced the same disparate treatment.  I want to understand how our ---- School District Superintendent is going to handle these problems and reparations, not just for our school district but how he will vote on the issue state wide and then ultimately what Mr. Luna’s position will be nationally.

 Since the time of my original letter, other issues have emanated that could be entered and discussed at this time however I will reserve the right to deliberate them later presuming you do not answer my original letter.  I believe a month has passed since I wrote my letter, by reasonable standard you have had adequate time to answer.  I have made numerous telephone calls to your office and as many messages have been left on your voice mail with no response,  all I am requesting is an answer, so I distinguish how to conduct my business with the ---- School District from this point forward.

As you can see I am directing copies of this correspondence to the appropriate State of Idaho officials in order that they can appreciate our circumstances concerning these issues, and hopefully they can aid your ability to give riposte to my enquiries.  To put in your terms how serious I am about these issues, I am committed to the following statement; should you not answer my letter within the next 15 business days, you will force me to take my legal remedies at law against your client in order to get these simple questions answered.  I trust you elucidate to the ----- School District that in my opinion your law firm stands to make a lot of money handling this concern, and the ---- School District may find it more cost effective to simply answer my letter then pay your exorbitant legal fees, especially since it has the outward appearance that you are prolonging an answer, one can only presume that you will bill more hours, in today’s down market billable hours are becoming tough to accumulate or in this case create.  Even defending a law suit is expensive when the Plaintiff might be judgment proof, and I would draw your attention to the whistle-blower statues that cover this issue.

Please feel free to call me with any questions you may have, I am available at the above phone number during business hours.  I enthusiastically await your response.

If you believe my argument has no merit, Please see addendum c in support of my argument, here is the link: http://endoftheamericandream.com/archives/28-signs-that-u-s-public-schools-are-rapidly-being-turned-into-indoctrination-centers-and-prison-camps( in the original letter I printed it annd attached it to the letter as addendum C)

 Most Sincerely,
Tom Munds

Idaho Department of Education
Tom Luna, Superintendent of Public Instruction
650 W. State Street
PO Box 83720
Boise, ID 83720-0027

 State of Idaho
Office of the Attorney General
E/Co Lawrence G. Wasden
700 W. Jefferson Street, Suite 210
P.O. Box 83720
Boise, Idaho 83720-0010

And the school superintendent and his assistent were also mailed.
I wait anxiously for a response and hope he does because we dont need to prolong this any further than necessary, either at my expense or that of the tax payer!

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