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added the MOU complies with existing laws. He noted the mental health clinician will not be hired until the next school year. Councilmember Arkin made a substitute motion to accept the MOU with an amendment calling for a mental health clinician to be contacted before the SRO if possible if there is a mental health crisis and also an amendment specifying FERPA and HIPAA compliance. In response to Mayor Brown, Councilmember Arkin stated this could also be a friendly amendment to the motion. In response to Councilmember Narum, Councilmember Arkin clarified her proposed amendment calls for a mental health clinician to be contacted, if available, before an SRO in a time of mental health crisis. Councilmember Testa stated she would support the amendment. In response to Councilmember Balch, Councilmember Arkin clarified a mental health professional should evaluate the student before law enforcement if it is possible. Councilmember Balch stated he could not support the amendment because of varying legal definitions of"if possible" in a time of crisis which could hold the City liable. In response to Councilmember Narum, Chief Swing stated the challenge with inserting a licensed clinician is the uncertainty of the program at this time. He stated he cannot confirm the alternate response program will be operational by the start of the school year. He stated inserting "a member of the City's alternate response program" could work and get to where Councilmember Arkin is going. Councilmember Narum stated she is struggling because they just approved the program and anticipate having trouble hiring the positions. She supports adding this in when the program is operational. She noted it will be a simple modification they all seem to agree on once the program is running. Councilmember Arkin stated some kids will be in crisis between now and when the program is running. She requested some language akin to what Chief Swing suggested. Councilmember Narum stated a program that does not exist yet cannot be included. Councilmember Arkin retracted her friendly amendment. Councilmember Testa believes saying "whenever possible" states it is not possible right now but defines a laudable and important goal. Mayor Brown stated she struggles with what happens if the mental health professional is at one school and needed urgently in another school completely across the City. She also expressed concerns about how to define "if possible." She stated she sees the intent of the amendment but supports the living document concept. Councilmember Arkin stated "if possible" appears several times in the MOU and gives the City flexibility. In response to Councilmember Narum, Councilmember Arkin stated her other friendly amendment was specifying FERPA and HIPAA compliance. Councilmember Narum stated they have been following those laws but if it makes people happy she will accept it. City Council Minutes Page 13 of 19 November 16, 2021