the first is whether the board's finding that mr francona reentered active service while employed is the chief administrator of the district on november first two thousand and nine to march eighteenth two thousand and ten was clearly of this court is to look at the facts whole record before the board and to determine whether the board's decision is clearly erroneous and we submit it is not because there is more than sufficient factual evidence justifying the board's conclusion that there was a reentry the first and most significant but by no means the only evidence is the department of insurance is advisory opinions on the matter now we have to actions and activities the department of insurance in this case reviewed the job description of the fire chief that mr kronk prior to his retirement and the job description for the chief administrative position which was the role he was employed  and talked about the considerations that issue and what what the board's what the department of insurance told the board is we don't just look to see if it's a civilian position or sworn position and we don't just look to see if there's actual activity these that were actually performed not the label of civilian versus school and but the with the department of the truth is they say what are the activities and responsibilities and the department of insurance says if this man factors was a new person appointed as fire chief in this instance no is this man going to be acting as head of the fire department in order brain or personnel going to be reporting to him in this instance ye and that's really what the key is it's not that they just look at the job descriptions it's what is in the alice is that was performed and this is the department of insurance is an analysis based upon its experience not just in this case with this man looking at these issues through the course of historically which is which the department references across a variety of positions because remember this isn't necessarily just going to be about fire chief there's other fire department personnel that they're going to look at do they qualify charged with being respond before all of the fire department activities other than on site fire suppression he testified during the administrative proceedings that he performed those concrete duties to the best of his ability by district resolution number two designated as the highest ranking member of the fire department while responsible for proper and efficient management administration supervision in control of the daily operations of this trip he was identified again in section he didn't receive a paved boost he said i can't recall if i had any additional duties after this purported retirement in changing role from chief of fire department to chief administrator certainly he mr there was no is actually a very narrow construction of who's qualifying as a firefighter and that's one of the key concerns of the department of insurance expressed they said people who are doing these other jobs they're not on the scene fighting fires for whatever reason whether it's a disability or just historically their role doesn't require that they didn't participate in this fund for decades and then receiving those pension benefits and the department of insurance as if you adopt the position that mr promises fast you're going to cut these people out of the and i am a referee to reach the same conclusion of the department of insurance and the board here is that he's performing fire protection duties you should be under the firefighters and she quote he doesn't qualify for i am our participation firefighters pension because he's performing firefighter protection duties even though he's not sworn in he's not doing the honors by firefighting so he has there is some evidence where they say he wasn't overseeing daily operations he wasn't responding to fire balls he wasn't doing investigations and he wasn't sworn but number one the department of insurance says you don't need to have at the first district case they relied on in their initial opinions as you don't need to have overpayments the board in that case ordered repayment just as the board did here and you know i submit that that is a correct interpretation otherwise there would be no reason for this case to go back and all the these proceedings to be h regardless of who that was in the district thought that was the problem was in the best position to fill that administrative position you've been doing it for some thirty odd years now there was nothing fierce about the way the district went about doing day basis when in fact that was a system firefighter suppression denise's a significant part of his job duties while he was cheap became administrator in a civilian capacity after he retired and he no longer had the benefits of any pension for do you related injury mind you so if if the district is going to accommodate somebody like the capacity and in some administrative passion the time temporary basis and it's only because it's a duty related thing it falls charge of the department and in trying to fire personnel is the problem's going to handle the day to day administrative functions of the department when you look at your statutory construction argument which is what our argument was before the circuit board in saying here exact date i assume it was november first of two thousand and nine when mr problem retired he became acting chief and he said is around that they couldn't be sure so clearly there was a change in the structure of the department this wasn't just that in title only personnel and things of the nature of the truth than have all the information they base it simply on two written documents that they reviewed and quite frankly they got it wrong when you look at it stripped of playing ordinary application of the statutes in this case so he certainly should have known i am rough as a civilian employee who wasn't performing fire suppression test the fake admits it shouldn't be part of this case is really a red herring because he should have been in that in that i think their decision has been no legal bearing whatsoever they should have found that he had re entered an active service based on a strict reading of the statute and simply hiring the chief in his i submit as i indicated my proof what that really does a from the analysis standpoint to say ok if they're hiring the chief he's taking on this wasn't these were asked that were done that in some remote time theory two weeks before the retirement the hornet retirement the district in mr conne home entered into an employment contract which specifically stated that kronk home who's going to keep all it mistreated responsibilities he was going to do correct all of the operations of the fire department it says other than onsite fire suppression he's responsible for planning directing and it is that exact in the alice is that the department of insurance said this is what we're looking at to determine whether he's a firefighter or not the department of insurance the civically sec the fact that you don't go out to the fire scene and and he could be if he was before me all of these other activities that the department of insurance identified as what the walls are logs that and the stack he doesn't require no where does it say he's got to be sworn it does not say be sworn member and see that's where some of the hang up is here it doesn't say he's got to be sworn and that's where that case that the department of insurance from i don't the first district case that you don't go by the label civilian are sworn to look at what are the actions that they're is there civilian or sworn you look at what they're doing if they hired a civilian fire chief right now and he do run a blackboard and said this is the way you fight fires at the scene but he never goes to the scene he's going to be a firefighter he's qualified for that pension and let's call it what it is here is retire aaron it was done so that mr kronk home could collect his retirement benefits and also collect the salary as the chief administrator his contract said he's going to be the leader of the district and destress policy in the intervals that he's the leader of the district the resolution that the district passed that he's the leader of the district mr score eak he's the head he's in the chain of command everybody reports up to him and when the department of insurance when they then changed that description said no are inaccurate those are contradicted by the written submissions the district's policy manual the district's resolution and the attic the employment contract that mr conne home in the district entered into two weeks before his retirement that he's in charge he's doing all of these things he's just not going to go on to the scene of the year and he doesn't have to go to the scene of the fire your question just to schmidt if you're sitting at your desk and you say i want twelve firefighters at the scene of this fire you're to wrack and you're performing firefighter duties were to wrecking those firefighting activities even if you haven't gone down to the scene and said we need twelve firefighters on scene if he's doing it at his office he's doing it is that he's a firefighter covered by the pension