we have a sheriff who has pled guilty to violating penel code 236.fairly big difference between what happened with mazzola and what we have in front of us. could you address that point. >> thank you. i think the applicability of mazzola to these facts, that's exactly correct, that mazzola, there was no clear violation of a specific statute. but the part of mazzola that's relevant to this case is the part of mazzola that defines what does it mean for a conduct to be official. where the mayor says that mazzola is irrelevant because the voters 1995 amendment to the charter, the standards of decency, good faith and right action clause was not enacted at the time of the mazzola decision so mazzola is irrelevant the standard of decency clause controls here. the standards of decency clause is relevant to what kind of conduct is misconduct it is not relevant to what constitutes something that is official. as we know from mazzola what constitutes something that is official is what occurs in office while in office. yes, it's true that in this case we do have a