was amended as recently as twenty ten so in fact there's only one real on point or close to one point case that we have and that's the calvin case which comes out of the first district and involves the city disclosed that they're not exempt the reason why i'm doing today is to point out to you the differences between a c r and as i shall report now a c r completely destroyed as a city of chicago police department was merely a complaint that was made against an officer indicated that a c r and the city of chicago would become exact if it were related to an adjudication now i do want to point out the definitions of adjudication no previously used by the courts and it could be as simple as under but they do not involve formalized legal proceedings and that's an actual quote from that the calton case because there is no formalized legal proceeding at the end of see ours generally speaking see ours are not examples but if there is again the  where the end point the actual order or the actual decision is not exams i think the right way past me made saying well during the education whatever was used has to be exempt because if we were to remove that and say then is somehow used in the creation is over broke our contention is if a document is created for the purpose of the education or is going to be directly related to education  when education is going to take place then at that point it does become exempt now if a document is created by let's say if it could be five years down the line used for education why that's at that present time the city of purity of the municipality would not know that's why they would not though if you were to make an arrest for a criminal case there would be situations where the police departments as part of the investigation were created and complete their investigation and the system he decides charge that he's immediately while the complete investigation would become public however this is attorney decides that they're going to open a case and all those documents when they go to desist from his office it would not be exempt because they are part of an open case so it's a similar now what i do want to point out is the rather difficult but the difficulty in actually meeting the burden for the city of great wounder stand that our our duty was to prove by clear convincing evidence  you would notice that the closing counsel actually spent quite substantial amount of time making arguments and by making those arguments it was a counselor centrally showed that there was enough information where they could adequately or not the person was in fact guilty of i committed a violation so for us that's a legal process that's a decision making authority that he has and not determining whether or not the person is guilty or not guilty for lack of a better information act and reads as follows it applies to quote records relating to public bodies the duty cation at the employee grievances in disciplinary cases the crucial word here is indication in we agree with the city on that point they exemption as all exemptions to the illinois for yet housekeeping their only ride and because of that the few courts that have had an opportunity and to interpret th the investigative phase of the case so the question is whether the special recorded issue here was a wrecked record relating to an adjudication or employee grievance in disciplinary cases judicial body the case here centers around a special report which was which was authored by sergeant hearing day this a police officer in it she accuses her colleagues of misconduct when sergeant davis wrote the special report the city did not have an ongoing investigation and that's just discarded pointed out the city opened investigation because the special report but that means the special report existed independently of in fact prior to the city's investigation of this matter and long before the city decided t standards and vision in his advocate affidavit he swears that he conducted a formal education based on the special report that is prompted by the special report that he conducted the adjudicate the adjudication in that they were conducted pursuant to the city's collective bargaining agreement its police union and under the uniform peace officers disciplinary act now the collective bargaining agreement is not in the record act is a state statute and it's available to this court and we would invite this court to examine that if she did because that's the issue does big clear that it deals with investigations interrogations of police officers facing charges lieutenant green in his office conduct investigations that's what they did here he cannot also be that you didn't hear of any resulting charges and if that was the case our legal systems concept of education which is rooted in constitutional separation of powers principles would be turned on its head so we're pretending green here was an education but even if it was it isn't related this city tries to make much of the fact that the special report here lead to new jersey cation but the fact that the record eventually is used in an adjudication doesn't trigger section one at seventy one and it's simply not enough if that was the pump if that was the case a public body could claim as exempt any bacary that could conceivably end up in litigation and of course any record could eventually end up as part of a lawsuit because the special its burden of proving a clear and convincing evidence that the record is exam so the circuit court a court appropriately ordered the city to turn over the special report and we would ask that this co attorney to be able to do their work and i'll give you an example that i face on a weekly basis the files that i maintain where we either prosecute individuals or zero or even simply litigate against individuals my file can contain a lot of documents from very places however the and citizens would not have the opportunity or it would not have the right i should say just say well open up your file entire while they can definitely is that the state legislature has pacifically set or specifically created scenarios where outside of work product you could eat those documents out and that's if they are related to an employee grievance or disciplin is in the adjudication or used to make the decision ultimately on documents that are related to the education because without those documents it would be an issue and those are my comments and i would hope that this court w