speech was actually protected what speech do you believe was protected i think that there were several several items of speech over the course of several years that were protected in th cases where held to be protected but the trouble i'm having with your presentation is you're sort of lumping everything together in the abstract i think of the moral and if you have instances protected speech as you see it town account balances and she was concerned about the overall management of the division by mr roe your argument there is this was a matter of public concern and therefore protected speech one of the district courts specifically community at large however the case for issues regarding public plans regarding efficient handling of public funds efficient management divisions as a whole within a town within a public agency material fact purely from one's testimony if you look at when one's testimony do you have an independent recollection as you sit here today that she was raising issues of financial impropriety yeah because i pretty strongly remember her talking about mr rose right being in there are pretty sure that was one of the spirit points of why that was brought up your theory of course is she was retaliated against for speaking out in this respect in the one conversation it's our theory of the eight it was outlined in proposed implemented over eighteen months and the fact that she got a notice in june of ninety nine doesn't seem to make any difference the plan was in place along earlier it's my understanding that charles roll was the one who developed that plan and he all of our great for you the case that you just brought to our attention is not referenced in your table with or does it no i don't believe it is i'm sorry i didn't i didn't write it no it's not anywhere in your brief going to a public form and said look you're you're misrepresenting the agreement which is going to affect them around the communication between bargaining it down generally speaking not to mention the fact that you're taking money from us that we agreed would go into th volunteer rose wife is going to be working in finance what is very important again recognizing the context and the form and content is that there was never a suggestion that there was any about well remember that in the history of the town of paradise there had been an independent financial order before and one of the concerns was that only one person was handling both accounts receivable and accounts payable and they wanted to change that so that there were different people involved so that was a step taken in me not be the perfect step but the question really becomes is it one of public concern as to who the person is who the person is not whether there's a division of duties so that there is one person looking at one side of the ledger and one side is the other i think it would be inappropriate particularly in a small town to say that there should be automatic disqualification even if you were an employee just that might be required for a position of your stature the reality is that the question becomes is there an impropriety or even the suggestion of one not the person who was working in an office w well i think it was one of the record reflects that at the town council meeting itself she did not experience any concerns about financial improprieties within the department she was concern at that meeting had to do with the preservation of her own job the number of hours it would take for her to complete her duties her concerns about having to do the w two forms and they were reports which had been part of her duties whether someone else was going to be assigned duties this was an issue of job preservation for her not again an issue of great concern now i will say for instance in troubled times and i know  the state of california addressing it i guess you could say that everybody who ever ever ever spoke out about anything of a public nature or whoever wore a button or up flag on their lapel might be part of a reduction in hours a reduction in staff complained she was back in a dress that was taken care of it was announced as one thing there was a meeting and she got what she wanted she claims that she was given a negative job promotions that were done i she in fact shortly before her voluntary resignation was given a two percent or two and a half percent bonus out of a recognition that she had been doing a good job retaliation if it's connected to the action i also am aware that some of the rich allegation involve reducing her number of hours from thirty six to thirty two well i think she claims that but that was the plan that predated  months first the recognition of that to the point of making any statement about it when did it first appear is part of the plan that her hours her hours would be reduced from thirty six to thirty two but more after the white which number is the number forty eight was the reorganization forty seven forty eight spoke about maine one hundred ninety eight the reorganization plan specifically reducing the financial services analyst position from thirty six to thirty two splitting the financial services corporation and reducing the a time trying to find out what i believe that that was in this meeting it was me aware of in nineteen ninety eight that was presented to the town council and it also goes into page fifty