mr. tachihara used current identification to do this work. it was falsely testified that he took an ibm and copy both sides. if you look at it, it is not true. the expert witness said it is not true. you cannot sustain an allegation based on his testimony if it is not true. >> do you still have time reserved? >> i think i have about a minute left. >> do you want to use it? do you want to ask any questions? >> i think it is important to remember this is a businessman of 24 years. he said he would never put his business license and business at risk for the sale of one firearm, of which he makes little profit off of that. i think it is important to remember the business card, the application signed under penalty of perjury. the assistant control special officer had so many opportunities to correct mr. handy and explain he was not a patrol -- not a police officer in tired to -- entitled to purchase the firearm. he was told why city arms could not sell him the firearms. instead of accepting that as true, or coming to someone in the apartment and s

mr. tachihara is guilty of specifications one and three. i am interested in what others think on specification two. >> i agree that it seems like there is enough evidence to meet the standard, specifically because, in the dealer record of sale, a peace officer is at the top of the page. it is hard to miss, even if it is a long document. it does not seem like that, taken together with the other things patrol specialist tachihara did, he is misleading the gun dealers to think he is a police officer. the fact that he is doing this further and further out said the city, a month apart -- he has already ignited the first time. he does it again a few weeks later. he is purposefully not identifying himself in order to get an off-list record. i wanted to hear more about the hearing itself, and testimony how it came across. i read the relevant portions of the transcript over and over again, to figure it out. sometimes, he does not recall. other times, he says, "i did see tachihara across the room in civilian clothes, with the gun exposed." it was a l

mr. tachihara appointment. i am also mindful of that and i believe it is appropriate and the fact that the other incidents may be considered here. i do not need to consider them but i think they are also illustrate of -- illustrative of another issue. the totality is troubling to me and i am appointed for a specific purpose. that purpose is to ensure public safety. i am concerned of the tubing incident -- two incidents that they form a public safety issue. i do not want to and anybody career but there are larger considerations to think about. >> i have to say, i also appreciate your arguments and i believe in progressive discipline but i am aware of other incidents where they were not supposed to follow a car, pull people out of the car, and even if it proceeds it, he may not have done it in uniform but he has been in the store in uniform and you're on papers say they make an assumption he was a police officer. i believe that is accurate. he led them to believe that he was a police officer and he did not dissua

mr. tachihara, [inaudible] >> your secretary will calendar the matter. >> ok. thank you. president mazzucco: the matter is concluded. i call line item number7. public comment on all matters pertaining to item nine. closed session, including public comment on a vote whether to hold item nine in closed session. ladies and gentlemen, going into closed session, any public comment? any public comment on this item? on number seven? yes, sir. >> hello, commissioners. i wanted to make sure, sometimes these are routine and i wanted to make sure we are actually deciding this matter based upon not to the fact there is a criminal case decided on misconduct but whether we can reveal information regarding the settlements. inspection 67 says we can only have these matters in closed session when it would likely prejudiced the city. i want to make sure that will actually be happening tonight in closed session. if not, i would appreciate it if it were open. president mazzucco: further public comment? item number8. >> whether to hold item nine in closed session, including whether to assert