for alternate finds and still is the commissioner of insurance order now as i'm sure you are well aware we are here today discussing whether or not the district court heard in the nine defendant wayne's request for qualified now if we were to look at that document the job description of the plaited we would find that the plaintiff was empowered and required to among other things one developments procedures and make official interpretations of regulations and statues concerning her division to as far as a person on her command she was to implement supervise and evaluate the areas of recruitment selection training development performance and this ability actions three she was she was the deputy commissioner who by plaintiff's own admission is the number two person in the agency hierarchy and by the way the position of deputy commissioner is a trust policy making positions well in this again begin the executor is to look at the job description in the hours that she had to determine whether they are a politically sensitive or not  how far deep into the organizations what it got out before it would be clear that it's a career position it is a career position well but i mean that it's a position that is delve into subjective standards as to what that person actually do or what that person actually believes and that is not what the what the case narcistic is very clear that the courts should stay away from the subjective analysis and concentrate on the objective analysis which again is relevant as to what that person did or did not do it is the only relevance is what a reasonable officer in his shoes or her shoes would have done or not but i think the point is it's in order to lead us to believe that those duties are contained in the profile of the position or rock and open ended so that a reasonable officer would have been mistakenly led to believe that the position was one not protected idea or run it the way that it is it is yeah but when we go to the profile of the position which is contained i mean just one sixty five through one sixty eight of the things we can see that we have to read that in the  the section we're describes who are the position responsibilities are generally what is the degree of responsibility in terms of supervisor supervision which is very consider all the case law obviously then the defendant saying we should look at the skills profile which is in the record and that's it well so you say we go beyond that and that's and and and then are you saying that there are anything actually disputes in this case regarding those elements of the record that we should rely on that go beyond the skills i have to contend that there are no it is it is when when requested to do that it's not a regular position when requested so it could very well never happen and it's something that the officer can control because you have the law created three years like office supervision following instructions off the supervisor and just reported to that supervisor the results of that investigation she did not have any decision making on who to investigate went to  understand if we were to rule against you here today and say well fighting near the applies that would not bar you from obtaining in it and then junction on behalf of your client restoring your client to the position and i assume that would level position where someone would be filling in for someone who would be protected how do we it's how do we keep a rowing from you from essentially a lemonade in damages as realistic mean argument a number of functions that are clearly policy as a matter of fact even the district court in ruling on this issue determined that these were white potentially policy