and assignment of disciplinary charges filed against patrol special officer john fitzinger file number alwiad case number 2013-0169 to an individual commissioner for taking of evidence on a date to be determined by the commissioner. >> 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