FROM: Barbara Hannah, Chief Counsel
SUBJECT: Disability Retirement Application of Flora Adodo
RECOMMENDATION:
title
Approve and adopt the proposed findings and recommendations of the referee regarding the Service-Connected Disability Retirement with Supplemental Retirement Allowance of Flora Adodo - Sheriff - County of San Bernardino.
body
BACKGROUND:
This matter is in closed session because the Applicant failed to meet her burden to prove that her disability retirement is service-connected. The Hearing Officer is recommending the Board deny Applicant’s request for a service-connected disability retirement. Under the Procedures for Disability Retirement and Formal Hearings, Applicant and SBCERA’s Counsel have an opportunity to address the Board in closed session.
Procedural History:
At the January 5, 2023, meeting of the Board of Retirement, the Board granted Applicant a nonservice-connected disability retirement, with an effective date of January 9, 2019, the date of application. The Board further found that Applicant is not capable of gainful employment and therefore, granted the supplemental disability retirement allowance.
On January 20, 2023, Applicant requested to proceed to a Formal Hearing. On October 30, 2023, Deborah Wissley was assigned as the hearing officer. Her jurisdiction to receive all evidence both testimonial and documentary and close the record was set to expire on April 29, 2024. On April 7, 2024, SBCERA received a Notice of Contract Termination from Ms. Wissley, giving SBCERA notice that her contract would terminate effective as of September 30, 2024.
The Formal Hearing was held on April 22, 2024. On July 30, 2024, the Hearing Officer submitted the proposed Summary of Evidence, Suggested Findings of Fact and Conclusions of Law, and Recommendation. On September 26, 2024, SBCERA requested the Hearing Officer clarify statements made in the recommendations in regard to Applicant carrying the burden of proof by a preponderance of evidence to prove why applicant is not entitled to a service-connected disability retirement. Ms. Wissley did not respond to SBCERA’s request.
On November 18, 2024, the parties were served with the Hearing Officer’s Proposed Summary of Evidence, Proposed Findings of Fact and Recommended Decision. Applicant was provided with a redacted copy of the Hearing Officer’s Findings as certain sections of the findings referenced reports containing cautionary admonitions. Therefore, in compliance with SBCERA Board Benefits Policy No. 007 (Release of Cautionary Reports of Psychiatric Evaluations), the sections were redacted.
On November 28, 2024, Applicant submitted her Objections to the Hearing Officer’s Summary of Evidence, Proposed Findings of Facts and Recommended Decision.
Due to the fact that the hearing officer terminated her contract as of September 30, 2024, SBCERA was unable to submit Applicant’s Objections to the Hearing Officer for consideration and this case is brought to the board to consider the hearing officer’s recommendations and Applicant’s objections.
Other Options Available if Staff’s Recommendation is Not Adopted:
Although staff recommends approving the hearing officer’s findings, pursuant to Government Code Section 31534, upon receiving the final proposed findings and recommended decision of the referee, the board may, in the alternative:
(a) Require a transcript or summary of all the testimony, plus all other evidence received by the referee. Upon the receipt thereof the Board shall take such action as in its opinion is indicated by such evidence, or
(b) Refer the matter back with or without instructions and assign to a new referee for further proceedings, or
(c) Set the matter for hearing before itself. At such a hearing, the Board shall hear and decide the matter as if it had not been referred to the referee.
Again, staff recommends approving and adopting the Hearing Officer’s decision to approve the Hearing Officer’s Recommendations to deny Applicant, Flora Adodo, a service-connected disability retirement.
Applicant, In pro per
Attorney for Respondent, SBCERA - Christopher Lockwood, Esq.
STAFF CONTACT:
Barbara Hannah
David Lantzer
ATTACHMENTS:
Exhibit A: Demographic Information
Exhibit B1: Hearing Officer’s Proposed Summary of Evidence, Proposed Findings of Fact and Recommended Decision
Exhibit B2: REDACTED - Hearing Officer’s Proposed Summary of Evidence, Proposed Findings of Fact and Recommended Decision (Redacted copy provided to Applicant)
Exhibit C: SBCERA Letter to Hearing Officer Request for Clarification, dated September 26, 2024
Exhibit D: Applicant’s Objections to Hearing Officer’s Summary of Evidence, Proposed Findings of Facts and Recommended Decision
Exhibit E: Request for Administrative Review of Initial Hearing
Exhibit F: Applicant’s Statement of Facts and Physician’s Report
Exhibit G: Department Statement of Facts
Exhibit H: Job Description, Physical Requirements Questionnaire
Exhibit I: Applicant’s Closing Brief
Exhibit J: Respondent’s Closing Brief
Exhibit K: Applicant’s Reply Brief