roll call. >> commissioner finlev. >> no. chair lee >> this it is a motion to reject this and sends it back. >> i'm rejecting that motion i think we will be back and do this over again. >> chair lee. >> aye. >> commissioner romano. >> aye >> mechanically i think we should try to approve it, will be rejected and the stipulation is rejected this is proper and coming back. gi was trying i know get to the same place i don't want to be on record rejecting i would approve this. i think it is cloner if the motion to approve fails. the same place. that is the right place i move to accept the proposed stipulation presented by enforcement. and if no second we will land up in the same place. >> i will second. why it fine. okay. i will not second it then. why motion fails and we are done. >> okay. >> is this right >> minutes reflect commissioner finlev's position. >> let's go to regular. item 12. proposed stipulation decision in the matter of david millwany. >> this was on the calendar in the because a commissioner pull today because of