from time to time temporarily details to another location but when he was detailed to work in the administrative services unit he was still rendering service to the department you know was on he was to work in that position as a desk job that his duties and responsibilities were consisted with the medical findings of the functional capacity of the nation that it performed on him so if he can be  filed first pension application the day before he returned to the active duty and investigations then went to his doctor and said i have to drive to watching it which is roughly half the distance he drives to and from home every day peterson and so forth but you also look at the fire fire fire basis which peters it was they talking about service to the heartland including things other than being a firefighter or her met being somebody who works in the in one of the videos coming to him from the police station using a cane officer barry hill worked in the investigations division for several years and he and used a cane to go to work he was not somebody who was capable of  and tackling somebody to make a harassed when that's not the definition of a police officer the police officer definition within the pension code is one who it is sworn as a police officer and  proceed and if there is impropriety and it's going to change the nature of this proceeding it should be don't lead at the front end issues it's brought to the body's attention and here the board felt that it didn't have  statutory creation of the board it is and so we're in there do i find that you believe for them to make such rulings or to do any of the things respectfully that you suggest well i  conduct across a division those are the two examples that came out of the cases that have been decided there is actually isn't there a big stretch though between limiting cost examination or we're going to knock off at five and disqualifying an attorney well i mean i appreciate your argument but would you agree that that's a that's a big leap i would submit to you that if they're going to do it then where else in the process does it get done where else in this process i mean this is a process that's been created by the legislature and the pension board is going to end up here we have an obligation we believe under the rules of professional responsibility as well as just basic common courtesy to raise this of the earl really dates to question the point here is this you know duty to the village by virtue of serving in that role he could not then have either he or his partner adopt a diametrically opposed unity on behalf of private  or but in the end accord failed they even though he was not directly involved in dealing with workers compensation matters i've we have the city of chicago there was nevertheless a conflict of interest because he had happy with the outcome of a disability pension application and we have a pension trying to feels the proper decision has been made but you know we have an inner being here who is very unhappy with him with the situation  the pension money empowers the font to conduct the hearings and establish procedures and during those hearings now it's important to keep in mind this is not to be an adversarial proceeding the pension fund serves a beneficence purpose proceeding tempted to allow all the parties to be heard without making a circus out of the matter and they in doing so feels that it rendered a very fair any of the pension proceedings began and in fact the mistresses nowitzki was happy with his services and continued on with him and became his personal physician so the village was actually the initial connection between dr levin can't work eight hours he tells me he can only work four hours and he was asked something like well you know do you just take them out as worry being said well and and most of it and you know no i don't take my this word there is corroborative medical evidence own it with with all of the case in there it is the position that is offered is a guaranteed permanent position written in stone that is never going to go away for this gentleman than it and he's capable of doing that position then sure he is he can do that position he can serve in the police department but that and and maybe to that and i'm your comment about the differentiation between the facts in a lot and maybe that's wh proceedings relative to others work in the investigation well certainly there is a collective bargaining agreement that provide certain due process and procedure is handy and certainly i would  officer defined as being one who's been sworn in and who is empowered to make groups yes and so if you please officer is excused for making arrests does it mean that he's lost  investigation position who is you know arguably moved up the ranks because it is a it is a plant is ition it still has to according to the job description in the village of vernon hills investigator still has all the duties of patrol but that's not what we had here we had a gentleman who was simply an assigned to that position but yet can do all the duties of control even though it's part of the job description can't make an arrest even though it's part of the job description and it can work a full eight hour day even though it's part of the job description so in what manner connection women perform that job description that it's not service if he cannot perform the job description and that's where the work came from on this and if he is working part time you cumulate credits for it and ship it does not appear that that's the case and it the  testimony from the police chief was that once he ran out of sick leave for vacation time or whatever crew time he had he would only be paid for four hours a day  and then he would only be paid four hours a day now obviously that's not the full benefits that he had been receiving and according to the pension code that would be considered a part time police i think that what the delusions attempting to do here is turn the ministry of hearing which is supposed to be a fair playing inquiry into whether somebody is disabled in the full fledged trials such that  as motions to disqualify a member of the board or yourself what's your response to the concept of how far the board's inherent authority goes in other words assuming that the motion had the there is no evidence in the record that shows a dead person there's responded as was investigator the fact that happened this night and investigators only work during the day so it wasn't an investigator spotted it was a patrol officer who happened to meet even the dispatch area at the time assisted walked in the decision on what is the proper service or what is service to the department respectfully submit day specifically said you know what given the fact that there's a limitation on his role that he has a desk job this is not being required to go make arrests as the chief clearly pointed out in the march twenty first memo when he says it will be essentially assigned into a desk position within the investigation session given your present condition i would expect that all of your duties and responsibilities would be performed actual jest so the two later revision issued medical condition basic tension i think that exists between the present situation and the villages allegations of the americans with disabilities act which would raise that this kind of the area of the village has an affirmative obligation to assist an employee  why not remove from the job description those things which this individual cannot do because the job description exists in a general sense and the obligation of the americans with disabilities  is to then say ok what is your job is it that you're capable of doing and do you require any specific time a nation in the foundation a village gave him unlike other officers who might be rotated through investigations as part of their overall training and development as police officers the village said you can have this job perfectly and for so long if you're medically prohibited from going on effectuating arrests you don't have to do that we have enough other work for you to do following up on cyber crime internet crime fraud cases where you can call in to interview people by phone by doing investigative work on the computer and reading reports we have enough work to keep you busy eight hours a day the fundamental problem this is and this came up i think in response to your question just to say i wish that  attorney to address the professional obligations not to the other side to bring it up we did bring it up as soon as we learned about the issue in terms of the briscoe conflict we know that this situation was not merely because the president of the board briscoe said the poor rattner because of his role as a sergeant and a first line supervisor overseeing officers naseem during the three or four separate time periods half of the evidence all the video exhibits never never even considered or referenced any of the medical testimony through the depositions the group reliable paper and they apply the standard of whether or not he could be continued to be