agency in this case the department of perjury which in light of mystical or outstanding twenty five year career as a federal employee and the agency's history of leniency and tolerance  i think the first thing i want to point to is the problem with the evidence in the state a fact a minute by the n s p being miserable or was the only individual who actually worked on a bible and you actually made  course title training source of litigation date of courses search with a yes or no that's a template right you know i'm gathering that was an electronic employee correct and i gather that when for example mr austin who went to of for  that any argument on that that's right but we do not admit to it i think you're on your honor the question we didn't admit to it in the hearing which is what i understood your question to be the board found against us and we didn't appeal we didn't believe we had enough evidence appeal  no individual decision mullin citing official you wouldn't know your client would have been removed on any one of the trojans correct i don't believe she made i mean you should know that because if there had been a finding that there would have been a removal based on say the they're a that that and again that is fair a penalty which is an entirely different argument because we believe that this is really a large part of that that that william sterling should have been considered a similarly situated something much less than a removal and if i may i have now left almost two minutes for a bottle so if you don't mind please take it from the go different electronic system missing were set up because she hadn't been told how to keep these records and i think the agency has admitted that she was in charge or she was free to create whatever system she want to do your view is that she  thousand and eleven so in the hearing that with admitted by mistake our own and as the administrative judge also found if the if the electronic records had been kept up to date they would have been able to simply print off the record that have the completed files ready for the period of you in on page sixty four of the appendix that it outlines the standard that they are such a follow in order with regard to maintaining training records and she's supposed to timely and accurately maintain all the employee training records collecting the agency was on notice that it was happening in two thousand and eleven the agency had been preparing for about a year out beforehand to the more general questions and pleasanter alluded to this when he was talking to your friend which is we had a run of the cases a few years ago and i haven't seen it of the record it he consider all three charges together and we were respect i submit that the neglect of duty charge should be sustained because the performance i am clearly states that medical are supposed to maintain the file up to a ninety percent rate of accuracy and if that is on page sixty four of the appendix your honor to receive a fully successful rating the employment ensure that training records and employed personnel folders are at least ninety percent incident and who was going to call him and he did testify your honor it's in the appendix at eight fifty forty eight fifty six he was in the office on the day of the incident and testified about what he saw and heard regarding mr sterling's actions and neither of the two proffered witnesses were actually present in the meeting so this is just what the other two witnesses heard in the office that day as well so there's really no reason that he was a i'm sorry to right now your honor but this is a misconduct charge under chapter seventy five so there's no requirement for notice or an opportunity to improve that would be required for performance a charge under chapter forty five so this is this is considered  neglect of duty charge is not the only charge at issue here is an effective duty charge in addition to the insubordination and a professional conduct and if they had been counseled previously in april of two thousand and ten regarding unprofessional conduct toward her six months in preparation for the yearly mid year and yearly performance evaluation because then you had to go through what people needed and what courses they should be taking with professional development she had the paper files organized but they were organized by training course not by individual because she was tracking them and this is testimony from the quote grades and herself she had the paper indexed and categorized so that she could have who had taken courses and who had given her sipek it so again it was a practical usage and then she had the she also did update the employee personnel files their visual personnel files which had a section for training in  certificates those are the ones that will corp fire by the treasury and cia g i e whatever those are required by all the forty agents and there is no suggestion that those were out of date let's be clear that now if i can turn next to mr everton twice and whether they were witnesses or not they they are testifying to what they actually heard mr phillips was very clear in his testimony that he left the building before the incident happened and didn't hear anything so i don't he said he didn't know anything and couldn't hear anything whereas mr ever tries was in the