great, let's start with the first aassignment of cases with reference to the patrol barry, >> ashley waren appearing on behalf of the department. >> is barry present this evening? >> for the record, that patrol special officer i don't know barry is not present, have you had conversation with his counsel. >> i have not but i was spoken with officer brown. >> officer brown who is the special officer, could you please come forward? >> good evening, officer brown was barry to be here this evening for the charges? >> he was notified. >> and he is not here. >> he chose not to. >> chose not to be here. >> okay. >> well, who is next in order for this case? >> it would be you commissioner. >> okay great, thank you. >> careful what you hope for. >> okay, we orderly do when both sides for the public, these officers are not peace officers, they do not have the same protection and those they matters are held in public. so, what we have here before us is a unique situation which is a failure to appear at a hearing that the officer has been ordered to appear at and under the general rules and procedures