before the court the public employee disability act or peta and the public safety employee benefits act or the c p both statutes use the term wrong person officer but neither statute define the purposes or the functions of the officer of the correctional officer in that case and that is what the law states that's what at the very end of section one ear piece and when comparing the purposes of county correctional officers there were also arguing that because he was in fact certified that we're not relying on them on the certification from the defendant is the one that necessarily controls or he was and it independently from in addition a police officer in the traditional employers that so the ultra vires defense for life but this is another way to get into that same house where there's a front door the back it's all the same issue lawful authority of the employer certain area it's supposed to be this very statues that doing the same says you subject matter should be construed consistently with one another so from our point of view there's not really different analysis under the perceiver as compared even if it doesn't you think that his other status as a truant officer satisfies a lawful authority requirement of the employer and there's enough there in the truancy statute which talks being conservators of peace so keep the same suppressed rights routes ready fighting breaches of the peace and prevent crime and may arrest offenders on you and cause them to be brought before proper officials for trial  authority to employ a law enforcement officer my client is a school district is a school board the government school district school board is a creature of stature specifically in this case the school code school code authorizes school district to do many things for in furtherance of students education what it does not authorize is for our district or any other school district in the state of illinois to hire or oil on force officer there has to be some enabling statute somewhere in illinois law that authorizes the governing entity of primary and secondary schools to hire its own law enforcement officer or police officer that doesn't exist plaintiff has pointed to the truancy statute which is found in the school code section twenty six that the true is used provision doesn't authorize the school district to hire anything other than a truancy officer and the provision specifically says that in the course of his or her duties as a truly oxer the truancy person may investigate truancy enforce the truancy provisions in the compulsory attendance provisions of the school code and in that capacity maybe a conservator of the peace and so on so the conservator of the peace language and and the following language is confining necessarily limited by the preceding clause which is in the course of that person's duty as a truancy officer and if you look at the school code following the truancy officer provision in twenty six five if it goes on to talk about what those duties look like and so for instance you have truancy officer asked to send written notice to students guardian if the student is not in school then the school can follow by taking the ministry of action to perform a new ministry of hearing with the school board to determine whether or not the at the provision of the police training act which defines law enforcement officer it speaks very broadly of someone who is authorized to enforce the criminal code to prevent crime investigate crime in force the highway laws enforced traffic laws that's not a so nowhere in the school code does the legislature grants to the school district or the truant officer or our law enforcement authorization that would be required if a school had law enforcement  so if you look to the police training act and the definition of law enforcement officer that is the fine and in that statute it talks about a long force an officer having general crime prevention duties general obligations to investigate deter truant officers don't have the authority to say to make an arrest for a violation of the general criminal law they don't have the power to go out on patrol the highways in the streets and you know make a drug arrest or arrest for you know a traffic light violation those are the types of functions that are consistent with a law enforcement officer as it's invision by the police trained that i don't want to draw too strict of boundaries around what a truancy officer may or may not encounter in the performance of those duties i think what is is clear is that in order to consider a law enforcement officer or to have law enforcement powers in the evenings that you asked you specifically so provide so if you look at the statute that authorizes say the state of illinois supported colleges or universities by the university of illinois or northern illinois university those enabling statutes very clearly grant the authority to the university or to the college to employ peace officers and they very clearly say as a peace officer this person as the authority similar to municipal code and is part of the school board's mandate and mission which is education is also consistent with the idea that the school district has the authority to to hire a full blown law enforcement officer  room that's correct but a school board that operates prior in secondary schools like we do is a very different environment than a community college or university which is not as confined it doesn't involve students who are a secondary school or primary school or school district is the type of organization to which the police training at applied it does this it would mention again i was in universities so there's a consistency there as to what's included expletive and you just don't see any reference to the type of statutory authority that would be required for a school district to have its own police force or its own law enforcement officers and this case is very similar in your hono the our supreme court looked at the statutory authority that existed that could possibly enable these special investigative systems to go out and perform these law enforcement functions and it didn't exist and the quote this organ also the supreme court basically said you cannot take the limited statutory basis that in down the special investigative assistance with limited powers such as serving subpoenas serving process and assisting states attorneys extrapolate from that this is the lone law enforcement authority and it's very similar to what's so what's at issue in this case we can't take the truth supervision and extrapolate from that some type of further and broad law enforcement mandate such as the type that all these universities have and apply it to a school district otherwise we have i think there's over six hundred school districts in this state we could potentially have six hundred police forces operated by six hundred different school boards doesn't make any sense it's an absurd result of those leisure had they wanted to in ten school districts to have the authority to maintain their own law enforcement officers would have sense oh but this is not new school code and it's not any other provision that we've been able to at this is a case mentioned by counsel for the proposition that in that case the court simply won't look at the functions being performed by the employee who was a sheriff's deputy who was assigned to a correctional facility but that's not just what the court looked at and yes he is examined the historic old statutory common law basis all sheriff deputies and what those sources of authority work and from that concluded that sheriffs traditionally in their debt use were on force and officers because they could perform law enforcement functions the mere fact that a deputy was assigned to a used to whom the statute applies so there are things like correctional officers etc and then it goes on to have the catch all and law enforcement officers and firefighters we think the only reasonable reading of perceive it is that it involves an employer who already has the legal authority to employ and hire law enforcement officers and again you have the problem otherwise there's the of search results in which an employer who employs someone who happens to perform some type thing i want to be specific about that it was a requirement of his employment that he obtained p t i i don't know if i can tell you for sure it is a requirement of his employer is it