discrimination against Federally protected characteristics. This environment of disciplining us and having
us suffer repercussions for contacting the DOJ is burdensome.
Your letters demonstrate that PA436 does not allow for elected Board members to exercise the same rights
enjoyed by other U.S. citizens and School Boards to report any suspected misuse, mismanagement or
criminal activity with Federal funds provided for educational purposes or violations of the rights of
citizens in agencies using Federal funds, for their federally protected characteristics. If we do report, it is
our understanding we will continue to be disciplined and suffer repercussions which include:
- we cannot use the Detroit School Board meeting room
- we cannot have the services of a secretary to take minutes
- we will not receive our small stipend of $27 ,which you state is to meet your goal of lifting the district
out of the more than $100 million dollar deficit.
Sir, most humbly and most respectfully to your authority, most Americans enjoy free speech and freedom
of assembly. We understand PA 436 may give you the right to punish us for speaking or meeting outside
of the boundaries you have put forward in Order 2015 EMDE-03, your letters and actions. Moreover,
most Americans enjoy the right to appear as a witness if they are called on to do so, defend themselves as a
Defendant or pursue a legal matter as a Plaintiff without intimidation, and harassment. While we hesitate
to doubt you that the scope of PA 436 to “act for and in the place and stead of” includes in all ways you
may be so inclined, IF you have made a small error here, and if we were to have the same right to sit as
witnesses, Plaintiff’s or defendants in a legal case before a court, like other Americans, then intimidation
of a witness, who is also an elected board member from participation in a legal case, and showing up to
appear in place and instead of us, might be criminal.
Again, Sir, if we have misunderstood, and this is not the case, i.e… if we do have the right to meet to
discuss any knowledge we may have about the district’s compliance with the law, and to agree amongst
ourselves to take the action to exercise our right to communicate our collective concerns to the
Department of Justice - Civil Rights Division – Educational Section, then your actions to deter us have
not been discouragement but intimidation, not disciplinary as you stated in your warning letter dated
January 21, 2015 , at all but harassment. If we are within our right to contact the DOJ, then the
repercussions you have caused us to suffer under PA 436 and Order EMDE – 03 are not discipline, but
retaliation.
Sincerely,
Herman Davis
Detroit School Board President
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