you suggesting that the manager of the overall transportation system has no right to manage or to change policy or to use the appointment authority to develop policy along the lines that the overall manager wants to pursue is that they further nurse him from this position card problem for you over time problem yes was any mention made of an affair to hold employment at the same rate of pay benefits social service classification who fails to offer evidence that the employer publicized the allegedly stigmatizing charges outside he was reduced back to sort of a base model is that correct he was yesterday after the court granted summary judgment there is no evidence in the record  rodriguez was reduced to a lower rate of pay after the court granted summary judgment in january two thousand and three more than two years after these events took place sometime between then and i don't know the exact  e there were lights off that muni related to the budget crisis mr rodriguez held a provisional appointment he had no permanent civil service rights and mr rodriguez along with many other muni employees a new class that mr rodriguez was a candidate for this but for which mr rodriguez was never selected for that new class and despite what mr greenough stated the position that mr rodriguez held the time that these events took place was a provisional point and it was not a permanent appointment it was not one that he secured through any competitive civil service merit based competition  provisional appointment under the san francisco charter is temporary in nature and it does not carry with it any of the other ingestion of a property interest that a permanent civil service classification would hold who was the supervisor who was a supervisor the took the actions in this case listed out again the performance issues that she had discussed with mr rodriguez in late november and said i'm not i don't believe that you're entitled to a due process hearing with respect to these issues but nonetheless we will offer you one she offered the naming and the phone number of a nother deputy general manager muni and informed mr reno that if mr rodriguez watch proceed with contesting the charges because he was contesting that he should contact that information individual thereafter there was some communication between the city and mr rodriguez because mr rodriguez was not satisfied with that particular individual we offered him other people who he might have an opportunity to discuss the claims against him and ultimately another well how long was that after that he was french for that was in mid january and the transfer of that transfer from one function to another occurred i believe the correct and as to the initial removal of the functions he had no due process pre implementation rights with respect that again he held  a provisional appointment there was no removal from that appointment he was holding that was simply a change in his job duties and under the circumstances there was no obligation to give him a due process moreover with respect t liberty interest the communication in the publication was only between ms meehan seanie and mr rodriguez that does not satisfy the publication requirement that might have entitled him to either a pre implementation or a post implementation due process hearing with respect to the liberty interest the publication needs to be certainly to somebody other than just the plaintiff's lawyer in the case it mentions that there were a lot of rumors around responsibility for the decision here the record i believe quite clearly indicates that mr rodriguez conceded that he was not aware of ms lewinsky ever saying either to him or anyone else  hind card fraud or that he had had some inappropriate relationship with his secretary it appears that there were rumors but there was no link of those rumors and what did not say in fact shortly after her november meeting with mr rodriguez she not with the other managers in the light rail division at muni and during that meeting she advised the managers there that mr rodriguez going to was going to be removed as the general superintendent and given other duties when the employees asked why and the record is absolutely clear on this the declaration from numerous managers who were there is all that   some inappropriate sexual relation but more importantly i think the case law makes clear that the publication has to be publication to the outside world not simply publication within the employer's workplace otherwise it would be unworkable because obviously when you transfer someone of mr rodriguez's standing within uni people are going to hear about that people are going to have questions an employer has to have an ability to address those questions in the workplace the issue for for publication for liberty interested the publication needs to go to the outside world and there's there's no evidence here that any of the individuals who are apparently in this case ms manstein or any of the other managers published these statements whatever the statements may have been suspension being sufficient for liberty interest in the context of discussing the underlying merits of a liberty interest claim i believe they discussed it in the context of analyzing whether or not individual managers were entitled to qualified immunity with respect to such city and county lost their job they were they were denied rehire and in conjunction with that denial of rehire in other words the loss of the job and the right to return to that job there was also a what they term was an adverse action report he was a doctor and that adverse action report indicated that he had resigned under threat of an investigation for misconduct and that a continuing long term effect on his ability to find a job as a doctor not only in the city but perhaps anywhere in the united states and so in that basis there are very different cases there was an actual loss of status or right here there has been absolutely none and there are no cases that i'm aware of in which an employee who is who retains the same classification thing pay same benefits