only part of their duties that this appeal deals with we're not challenging their status when they're assigned to fire fighting engines or trucks that this comes within the cleveland tests i think one of the common between the los angeles and san francisco cases is that neither neither of paramedics are required to volunteer their services when they show up a fire they could be ordered to engage in fire suppression but there would be no discipline if they did not volunteer their services for fire suppression activities obviously a firefighter assigned to an engine or a truck when they show up they can't just sit back they have to volunteer their duties that's what they're there for and i think the city recognizes this because it doesn't argues that they must  the record as as it is and they extend the district court's findings of fact they are challenging the district court's interpretation of the statute specifically the term responsibility however th court is providing did noble review can look at the facts that are undisputed in the record below facts right that under the definition step forth by this court in cleveland the facts in this case show that san francisco's firefighter paramedics are responsible invitation to carve out different responsibilities of san francisco's h three firefighters paramedics the appellant's invite the court just to look at one piece of their job activities in the one paramedics and ambulance personnel to conclude that ambulance personnel are exempt when working on ambulances is contrary to the plain ordinary language of the statute this definite reason two sets of responsibilities and within the past get of responsibilities for higher kind of paramedics either it's an either or provision the provision is that they can be engaged in the prevention control and they and extinguishment acquires or not and or response to emergency situations where life property or the environment is that risk to carve out ambulance personnel when it's expressed a provided for in the statue and to carve out the duties where the h three firefighter paramedics respond to emergency situations where life is at risk would it ignore the statu francisco's firefighter paramedics are responsible to engage in fire suppression because it is part of their job that they do and the record is undisputed that they actually do consider mr weaver i believe so you're on a dirt together are two two reasons why actually three reasons why we were separation does not create a travel issue a fact here number one it's not part of the record on appeal i believe it was the frequency with which ambulances respond to fires and i believe that was a contradiction and any event the court ruled  a declaration a subsequent declaration that contradicts very clear deposition testimony should be disregarded and mr weaver staff edition he acknowledged that ambulances respond to every fire call in the city  he acknowledged that firefighter paramedics have the responsibility to engage in fire suppression he acknowledged the firefighter paramedics routinely engage in fire suppression he acknowledged that his deposition supplemental excerpts of record five thirteen quote do you believe you have the responsibility to engage in fire suppression as an h three firefighter paramedic answer yes page five fourteen he acknowledge one contradiction in this declaration and under ninth circuit authority a contradiction in the declaration can be should be disregarded when it's contradictory to s that in fact they do perform fire suppression activities while assigned to ambulances and that this court should be drawn into a frequency analysis for example as a lawyer i am not called upon to argue in the ninth circuit very often at all this is my second argument ever test good or bad it's nerve racking also you have to in any event it's part of my responsibilities as a lawyer to make arguments on appeal let me angeles to the fire department and i don't know dual function my understanding at least in san francisco it means that you are cross trained to do both fire suppression and paramedic work and that you can  assigned to an ambulance or an engine and so that you can be used however the department feels you need to be used in order to serve the people of san francisco in cleveland there's two groups there's a single function paramedic and a dual function he that are on forty hour work weeks they don't they don't work for the fire department special so in this case we don't we don't have a situation where you have two groups we have one group of people who have a get that includes fire suppression and response to situations where life is at risk if a fire occurs it must be their job to deal with it that's the cleveland definition i just played and you satisfied absolutely honest and the record is is very plain and undisputed on that past year paramedic ambulances carry firefighting equipment breathing apparatus yes they do our firefighters are our firefighter paramedics are required to bring their turnout here and their stuff contained required to perform fire suppression activities and even further than that perform fire suppression activities when they were assigned to ambulances and i can i be happy to provide said citations for the record  clear up some of this with a citation actually to the cleveland matter one of the arguments the city is making is that because of the overall responsibilities of the h three dual trained firefighter paramedic is that they are also assigned to fire fight compensated as fire protection employees otherwise it's not exempt during the periods they work as quality improvement analysis so obviously the quarter's already considered you know we know that they are assigned to fire fighting vehicle sometimes and perform suppression activities the facts does not include them in the exemption for the period of time that they are assigned to the ambulances and that's the same period of time we're claiming for the same period of time  the cleveland matter it ultimately gets down to what do these people do when they show up to a fire they do it is not their job to fight the fire if they  are if they have turnout here and they have breathing apparatus of vailable to them all that really does is put them one step closer to being that they were not required to fight to engage in fire suppression unless ordered to do so what do you when they get to the final well the weaver declaration which is in the record in which the district court considered but not mistakenly that the department will call for another ambulance to take over the primary medical functions so they're not part of the regular they're not considered part of the regular firefighting complement indeed rare rare  an engine or a truck just like the los angeles people no difference there but when you get to have you ever been ordered to engage in fire suppression when assigned to an ambulance there's but a handful of people that did