moved to the fourth case this morning illinois versus the city of chicago police in relying on assurances from the attorney general's office to protect its interests your honor could you please repeat the question i didn't hear the first i'm wondering if you and we wrote four or five pages including a reference to a case that this court decided called right in which assurances were indicated so the answer is we didn't specifically say there were unusual circumstances that would they sit down and talk about this the answer was yes and so those meetings start as early as september and the assurances that came from the attorney general were on october  talking about the answer was no did you see a copy of the cancer proposed consent decree all we wanted was first published on july twenty seventh one after the intervention the intervention was on june numerous surance and with respects of broad well it's broader not to tell the lodge you have something to worry about of course your collective bargaining agreement is going to be infringed it didn't go considered whether intervention will do it the way or prejudiced the adjudication so when they talked about before the judge and when the judge talked about nine months of the sessions meetings with experts meetings with the spite the fact that it knew that the state sought a consent decree to change the many areas of police practice and numerator to the complaint fop waited nine months before seeking to intervene during this time the state and the city expended vast resources conducting discovery and negotiating a long and complex consent decree at the same time that c actually in the consent decree it did not need to see a completed degree to have any reason to know that its interests may be affected that the clear holding of this court's decisions in socal and aren't what the state within a day fops president made a public statement that there should be no consent decree on august thirty first twenty seventy the parties jointly filed a motion to stay proceedings in the district court that was goes rights absolutely direct wrote or the fop has an extensive state administrative apparatus in which it can pursue its rights the fop close by an unfair labor practice claim with the illinois labor relations board state was engaging in these negotiations with the city it was not reasonable in those circumstances for the fop to make the strategic to participate from the sidelines and then end and then highly confidential but they certainly involve the paternal order of police and fraternal order had the opportunity to seek to intervene to get a seat at the people early on because it knew and the union have collective bargaining obligations recognize that our collective bargaining agreements and they specifically say that nothing in this consent decree will be construed to require any party to  the circumstances but there were unusual circumstances here they never invoked that element it is not the case that the specter must be addressed in every intervention case where a party asking leave doesn't try to ask that it be applied the unusual circumstances element is similar to a minute greeting or aggravating circumstances or there are unusual circumstances in this case and i mean simply the difference between the two department of justice positions in fact the are an unusual level of possible harm but those are unusual circumstances that justified the laying the attempt to intervene that's what the unusual circumstance are supposed to be an  has been very consistent off more factors have to be considered your intervention your little twenty four it with respect to whether there are other state agencies where we can find one for labor practices there are no unfair labor e gave them provisions we have twenty two points of discussion we gave them in september and october that's not sitting on the sidelines that's not having our head in the sand we wanted to deal with them for the purpose of having something that makes sense even though on the outside the cases taken under advisement