and in this case they didn't get bylaws there is a bylaw that allows for the removal of the superintendent if there is a vote at a meeting of there are bylaws that deal with changing the bylaws and some of the some of these disputes revolve around one by law if they were given the complete autonomy whether they had to send a member or nonmember but i think the larger question in this case is let's say that that's the case let's say that the station prohibits the v c from having and i think the overarching question of this case there's no evidence that they have excluded anyone after the time of the stipulation they certainly have one of the membership and languished because there's been no funding and vested in the v s e once there is a central commission then the county funds the commission and does not have to fund all the individual chapters and posts i think of the chapters and posts will have to agree to abuse its discretion by appointing and some of the cases i've cited when i discuss what a state's attorney has the authority to do which i think is there be a conflict before you appoint a special state's attorney and in this case the state's attorney all emotion and this isn't a common law of record his two sixty three to sixty four saying he still exists but the point i was trying to make in purpose of my playing is almost pieces are states attorneys representing individuals or private interests that are being filed against government entities to either  pay for their order in the civil war movies as you well to to appoint someone to represent an issue that is of great public interest and importance and to address the phone literally of an elected position whether or not a superintendent is a superintendent versus claims being made by third parties that same decision i think is different than a very private cause of action accounting versus private individuals for whatever reason there is no right to not unless the civil case includes some kind of criminal health not as a constitutional right but the state's attorney has the right to intervene in matters of local governments to see that the laws being followed and to see that people that have been properly le positions are able to circles physicians which is why i think the appointment was appropriate in this case delicate delegates the whole purpose of the ac under the act is to provide a collective endeavor of the various heads in the chapters to appoint delegates manage all of the posts and the chapters and give everybody a say in what's disapprove of any of the delicate sent by various those on the survey or raises the point that the first e c wasn't requiring any specific delegates to be sent that may be trill but it was saying delegates weren't allowed to skate in the election and i think that's efficient for this for the child court to found that the cause of that i e x a legal status was extinguished i think it's important allow all of the pows to have one voice to batter and that's exactly what it wasn't doing so this isn't just a case where i they're doing something that maybe some of the post don't lie or that can be done differently or maybe some ice eating their this point where our son three years past the time when the conduct occurred when delegates weren't a lot of his faith and i don't see any evidence in the record that there's been even attempts to change the dialogues so this point the bylaws that are currently in effect with the first maybe i don't i don't certainly know the answer to that thank you and just with my at last he seconds i do want to address the stipulation that was raised by mr geiger that i think that we properly cited cases demonstrating that the stipulation was not necessarily conclusive the the court is not required to follow the stimulation the situation only indicated that the v a c existed and was formed under the veterans assistance act as that may be certain there was no stipulation as to its legal status under the employees it maintains some sort of bought an operation at home but whether it had the legal status under the act and i think that's the distinction that it was a factual stipulation on the parties can't stipulate as to what the illegal act was and they didn't stipulate its legal i think that's a position of public interest as to who would be who has the right to vote in and in an entity that is a who can take and the amount the money to be paid are the counties issues but how do we know who to pay i believe the court court is in that i think the trial work it was very good guidance and i think this court and its prior decision what i call months and one from biden very good guidance for what happens if a the a c is not complying with the statute and that in fact it can extinguish itself for failure to do so that this did not have to do well he does have the of the actual formation this was a declaratory action as to who was the you see that was about that's how we were brought into this action and that's why we're here aren't because we were brought to the discharge backrooms is provided one step to the other is who is to receive the benefit from the organisation but the organization itself and its component members there is no reference in the statute to be in or not only just charge provision from what i mean appropriate and well within well founded within the record the record supports finding the order and for that reason the findings in the order of the trial court should be affirm that i'm now going to move to the cross  only in july of two thousand and thirteen that the petitioner monson at all filed a petition for appointment of a specialist the state's attorney objection was filed by the county on fo prosecutor to fund matters on behalf of an organization or an entity or person in order for there to be a need for appointment of this but of a special prosecutor this court specifically addressed that issue in the case of hasan versus county if your it's a case that deals with the veterans assistance commission issue and which the county and veterans assistance commission were in dispute over an issue in that case the the issue i believe was there were a couple of issues but the one that i recall is that it was dealt with a tax levy regarding why i'm on a money should be let me under that and the tax levy or the b c under specific provisions of the revenue code in that case this court found in looking at both oh the stand you respect and interpret the them for order of the court was made in august of two thousand and twelve i believe i know mr gardner provided invoices during the proceedings and i believe that everything was paid up until the order of the existence i point to the court's ruling monson one as support of that that position and that in that anyone's in one the court specifically said that if it is found that the the the a c is not acting as a cohesive unit then it is extinguished its existence that is exactly what the trial court and in this case and therefore that existence was this thing which as i'm as the court found back in december of two thousand and eleven and the petition for pointless special prosecutor didn't munson and i would also point to the case of people versus wilkinson in which this court held that a person has a right to hire a private attorney even if they're a public official acting in a public passkey but if they do so and they signed which said i then paying me they were not waiving their right to appeal the decision of the appointment which i would have raised prior to today's date if i believed they had waived their ability to appeal my appointment but i signed something saying no i'm not i'm not going to pl know gotcha and say on your first check now you can't contest that i was properly appointed so that was the agreement that i signed it's not a record but i have now is that it  mr mulally argued that the v c may only make rules regarding employers or how to spend model i don't think that that narrow reconstruction should be accepted by the court i believe a body of government can make the rules necessary to function which would if your previous opinion justice is taken literally and you must have all chapters and post participating to ever be a c then there really isn't one i think everyone's acknowledged that they're divided you