his resignation in may of two thousand and nine and thereafter at that time there was a promotional list that existed that listed three persons as to eligible to be promoted duty of doing the promotions within the police department there is no the description of a process for doing promotions with the police department other than he is required of the police and fire commission but they make did they ever adopt any counter resolution or say now there's only one of them and that's the process by which it's described in their own ordinances that the belief board determines the base of the the required about the answer is yes i believe there is that there is only because of the villages own actions ok but my question is was there is there any rule or ordinance realized that the village was two hundred seventy thousand dollars in the hole and needed to make up that at least a portion of that that that that he talked to the police chief chief koyo put recently the modern t chief from the  responsibilities the parameters of anyone in the position of the ten there still was a lieutenant's position after mr hapless retirement there was just one tenet as opposed to two i'm mr barbour's claiming that the village wasn't didn't take the requisite patches to eliminate that second position that second position of lieutenant but that's not the case i mean if you look at that first of all if you look at the historical practice of the village yes much indeed made a either certainly there are multiple cases there are multiple instances where a resignation may take place and for budgetary reasons management style reasons a village or a any manager may just like you know what we're not going  from that position right now maybe we're going to look and see how are you know whether we can operate without without that second lieutenants position so even if that week we submit that the welcome the money was not there the money in the budget was for m even if this were to find that the money with there there's nothing that compelled the village to fulfil that position we've talked about the budget deficit there they could have sat on it for six months sat on it for eight months if there is an appropriation made just because there is appropriation made doesn't mean that position must be fails and in fact we would submit that that if such a requirement were to exist then that would take take the discretion of the hands of the legislative body you pillage board in the mayor to determine whether that was an appropriate thing for him in his her budgetary reasons for the for the the employer in this case which is the city the other the other issue that position when that resignation took place but that's not the case because if you read the police and fire the fire police commission act as a whole you'll see that statutorily the village is required to keep up and constantly have a promotional one instance doesn't mean that mr barbour was entitled to deposition it only means that he would have been one of three people who would have been titled the type that mission were in other cases if he goes so far to say that with there's only two people on the vacancy here the element is in the code is not the source of a property right to an appointment the village understands mr barber must be disappointed when he realised that he was number one on the list but that list wasn't being that but that second lieutenants position was a big felt over his disappointment does not hurt the rejection of the budgetary process that the village went through the legislative body with blue and that in the municipal code and dozens of cases project the theory that three that have standing to request that list should not be scripted and tell you build the basis back to the question that just her ask him the village not fill the position absolutely they cannot fill the position they can choose to do that but that would be if simple remedy your past record is saying there's only one lieutenant from this point on that's a simple remedy they could choose to do that they didn't want to do that then wanted to keep to  and they chose not to do it it tells of type later and here we are saying well ok if you want to keep this is a no but i'm sure if you want to keep the position you have to follow the statute the promotional statute that said the list gets