CCMIN 11162021 - Laserfiche WebLink

In response to Mayor Brown, Chief Swing clarified State law allows for the waiver of legal counsel by minors, but the MOU goes further by requiring it. He stated this amendment was added for clarification. Mayor Brown opened the public hearing. Monith Ilavarasan requested language stating PUSD will prioritize alternatives to SRO involvement such as the use of mental health professionals and counselors. He expressed support for the juvenile clinician position outlined in the earlier crisis response team item. He would like Chief Swing's comment about the clinician being the primary point of contact for the schools to be codified into the MOU. He stated SROs regularly address mental health crises better addressed by trained mental health professionals. John Bauer expressed concerns the MOU has given an expansion of responsibilities to teachers and principals through their ability to make unfounded accusations towards a student. He stated this makes the teachers and administrators an unacceptable extension of law enforcement. He encouraged the Council to vote against the MOU and remove all references to the responsibilities of teachers, principals, and other administrators. Oscar Lopez stated he is an attorney specializing in mental health, school discipline, and special education. He thanked the Council for working with the Grassroots Law Project's students towards an MOU which will protect students' rights. He recommended amending the MOU to indicate calls for mental health concerns should be referred to the juvenile mental health clinician and not SROs. He stated SROs are not school officials and should have no access to student records except for limited exceptions about criminal behavior. He stated the SRO risks exposure of protected disciplinary records protected under the Family Educational Rights and Privacy Act (FERPA) and mental health records protected under HIPAA. He encouraged a revision. He added the MOU says the City will investigate issues with SROs, but he noted PUSD has an independent duty to investigate complaints under contract liability. He corrected Chief Swing by noting legal counsel cannot be waived by a minor. City Attorney Dan Sodergren stated he has reviewed Mr. Lopez's suggested changes. He noted many of the suggestions are policy -related with the exception being the portion about student records. He reported the release of student records is strictly governed by both State and federal law and can only be released to SROs under very limited circumstances. He stated his expectation is the district would consult its legal counsel if an SRO requested records to see if the release standards are met so he does not see cause to revise the MOU for this reason. In response to Mayor Brown, City Attorney Sodergren clarified the release of records is limited to things like kidnapping situations, serious health and safety concerns, and other specific fact -based situations. Holly Fletcher, Vice President of the Grassroots Law Project's Pleasanton Chapter and student at Amador Valley High School, thanked the Council for additions to the MOU which have come from their requests. She stated they wish to ensure the rights of PUSD students will be protected with the MOU. She requested adding a minor must have a consultation with legal counsel before interrogation and the SRO must notify the student that they can have a parent present for the questioning. Chong Wang stated he supports the SRO program as the parent of an Amador Valley High School student. He stated he has never heard of a problem with the program and that it should continue. He does not agree with Mr. Bauer's comments about the fallibility of teachers. Grace Li stated she has two high school-age children. She thanked City Manager Fialho for his service and coaching of her son. She spoke of the positive influence provided by the SROs and expressed support of the MOU. She added this can help prevent school violence. She commended adding the mental health program, particularly in light of the remote learning wrought by the pandemic. City Council Minutes Page 11 of 19 November 16, 2021