this retraining session with the taking over of steps with the first step in the process was a thorough retraining through the police training us into the new one on the sheriff has absolute and complete authority to number of factors including the length of time which he was off the department the fact of his illness that kept him off the department its effects of three panic attacks while working as a sheriff's deputy the fact curriculum do you require all candidates in you don't distinguish between people that are unusual candidates who are hiring in the discipline county police department across the state or are people being retrained you don't distinguish they require your submission to this and we believe it isn't the reason we believe it is because the sheriff again has to right to determine what created his people need and if it in this case is now force twelve you need to fly with whatever debilitating trauma to the head i'm not aware the judge or the lawyer he ever decides practice squad is required to pass the bar here and that's what this case seems to me to be similar to if he's already passed the bar once why is he required to passive voice and especially why should this one individual be required to pass the bar a long time to be away from your job if you knew you were away from your draft two plus years you would need some kind of retraining i would presume and that's what the sheriff felt was necessary here was retraining that's really titian but the kind of courses that were available to you're terminated for cause it's more or less dishonorable discharge would let's forget labels lists are sacred liberties probabilities if an officer is terminated for cause with that then  police officers i don't think we want to put police officers out of the street was if there's any doubt i think some call the p d just there can be no doubt of their ability to do the job and in this case the power test revealed that for whatever reason and there's how should we put it on just because there may be problems with health care reform or health care doesn't mean that you have to socialize there are other means to solve the problem and sometimes the best action is no action and so my problem with your arguments is that you are weaving the inability of this officer e doesn't necessarily follow from this problem the facts to correct or deny their switching around the point is that it's my understanding that the arguments were made by the appellants are slightly different and they are different to the extent they're one i think goes more to whether or not the trial court misinterpreted factions opposed to whether or not the trial court determined whether or not cause or sure harm more strict more onerous and they don't comply is that but the appropriate basis for finding cause for discharge were let's say the sheriff or takes a different tack and makes two of the points i think i have to address number one p t i was the only possibility p t s who was the only possibility to do what the sheriff wanted to do in all of those require the power test for admission police officer had a physical disability in p t i wouldn't accept him for the program unless he passed the psychological  test that raises a number of questions the easy answer is will we have to see what happens if you pass the psychological test all i've done is flip the facts here we have a situation where the person has a mental problem doesn't have a problem he was sure did have a mental problem that's correct and he's now being disqualified because of a physical noncompliance ory noncompliance with a physical test what's the difference between that and the situation that i just related where he supposedly has a physical disability but now he won't be allowed to go to for ten p t i because he's failed a psychological test because well first of all again i think i go back to just this moment point i don't think we're focusing on feeling the physical test is just feeling a physical test it's bigger than any around it is bigger than yes well why wouldn't it be bigger than in my scenario and it could be i think you would have to take a psychological test if you didn't take the past psychological test and and if the scenario is only applied to one police officer or one sheriff's deputy then does it appear that to cause as defined by this one instance become