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Chief Swing stated the language in this section was changed by PUSD in consultation with its legal counsel. City Attorney Sodergren stated the State law provisions also incorporate FERPA and HIPAA by reference, so it is all tied together. He added they are reflected in State Education Code (Ed Code). Councilmember Balch noted the last sentence of the section includes the phrase "as allowed by law" so he questioned why they have to reference all of the laws. Councilmember Arkin stated there was public input on this and she felt it was important enough but if there is not enough support she would drop the request. Councilmember Arkin thanked staff and PPD for incorporating much of her input into the MOU. She stated it is a good starting point and this is a living document they can modify later. She thanked the community members for their input. Councilmember Arkin stated one of her core values is being pro -kid and wants to keep the kids, school staff, and officers safe. She expressed concerns about the school -to -prison pipeline. She stated kids should be accountable for their mistakes but get on a positive path to successful adulthood and wants this embedded in this MOU. She added school shootings are the biggest horrors and they happen in split seconds with officers outgunned. Mental health supports are critical to prevent these incidences. Councilmember Arkin expressed pleasure that the MOU includes extra training on implicit bias, restorative justice, the Diversion Program, sensitivity around Lesbian, Bisexual, Gay, Transsexual, and Queer (LBGTQ) students, and students with special needs. She added the reduction of 5150 holds is a goal the MOU addresses. She added reevaluating this at a future date is also important. She thanked the staff for having as much as she asked for incorporated. Councilmember Balch called for a point of order to confirm Councilmember Arkin's substitute motion died for lack of a second. Mayor Brown confirmed she withdrew the motion and Councilmember Narum did not adjust her motion. Councilmember Narum stated she is willing to modify her motion requesting Chief Swing to return when the crisis response team is operational to assess how to incorporate it. Mayor Brown noted he comes back every six months regardless and this can be done outside of the motion. In response to Councilmember Testa, Chief Swing clarified if an off -campus incident occurred and they could not locate the student they could interview students at school as witnesses if it were a last resort. He added the law does not allow this for the suspect. He clarified it is a custodial interview as a suspect in a crime, but the law allows for interviews of victims and witnesses without consulting an attorney. He stated he would not entertain language a student cannot be questioned on campus because he did not want to tie the hands of officers if they needed to interview someone on campus instead of tracking them down elsewhere. He stated if a serious crime was committed and they needed to interview someone at school he did not want this to be a hindrance to community safety. Councilmember Testa stated there is a different feeling with how the Ed Code is dealing with these issues on campus where Ed Code is trying to ensure campuses do not become the center of the law enforcement process for young people. She stated the MOU is very law enforcement -focused. She noted there is a lot of language about SROs and administrators sharing information where she feels it is contrary to Ed Code. Councilmember Testa stated the process of the MOU is a good one because they became aware of things that should not be happening with SROs becoming the disciplinarians for the administrators. She stated students were receiving criminal consequences for things that should not have been the responsibility of SROs. She commented the City's 5150s are too high and this program and the crisis City Council Minutes Page 14 of 19 November 16, 2021