. >> api i take ityou can't find a willful violation because the department was not involved so option 3 whether the department head had instituted a sunshine ordinance if he or she had not institute that sunshine policy that will mitigate in terms of a more egresses violation this should be a yes or no. >> if the vice president head yeah. correct. >> and if had had not okay - i guess my personal view because i think it probable could be crafted in a way that makes it useful but - i'm struggling andy did you want to say something. >> only to clarify and just to following up on the gentleman's comment the 3 instances identified would be a willful violation and my absorption no way for a violation only if the department head was directly involved only a non-violation on 2 and not 3 i actually think if you changed 3 whether or not the department head had instituted the sunshine policies it is a little bit clear. >> okay. >> yeah. yes. yes. but those are not deemed willful because the department head was not directly involved with the request. >> doesn't this tie our hands more couldn't we