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San Bernardino County Employees Retirement Association
File #: 24-092.1    Name:
Type: Closed Session
File created: 11/17/2024 In control: BOARD OF RETIREMENT
On agenda: 12/5/2024 Final action: 12/5/2024
Title: Approve and adopt the proposed findings and recommendations of the referee regarding the Service-Connected Disability Retirement of Shelisa Williams - San Bernardino County - Sheriff.

FROM:                                          Barbara Hannah, Chief Counsel

 

SUBJECT:                                          Disability Retirement Application of Shelisa Williams

                                                                                                                         

RECOMMENDATION:

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Approve and adopt the proposed findings and recommendations of the referee regarding the Service-Connected Disability Retirement of Shelisa Williams - San Bernardino County - Sheriff.

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BACKGROUND:

This matter is in closed session because the Applicant failed to meet her burden to prove that she is permanently incapacitated for the performance of her usual duties.  The Hearing Officer recommends the Board maintain its initial decision to deny Applicant’s request for a service-connected disability retirement because the applicant is not permanently incapacitated for the performance of her usual duties.  Under the Procedures for Disability Retirement and Formal Hearings, Applicant will have an opportunity to address the Board in closed session.

 

Procedural History:

At the May 2, 2024, meeting of the Board of Retirement, the Board found that Applicant is not incapacitated for the performance of her usual duties, and therefore, denied Applicant’s request for a service-connected disability retirement.

 

On May 29, 2024, Applicant requested an Expedited Administrative Review to appeal the Board’s initial decision to deny a service-connected disability retirement.  On September 12, 2024, applicant was served with the Hearing Officer’s Proposed Findings of Fact and Recommended Decision.  Applicant did not submit an objection to the Hearing Officer’s findings and recommendations.

 

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 to the 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 recommendation to maintain the Board’s initial decision to deny Applicant Shelisa Williams’ request for a service-connected disability retirement. 

 

Applicant, In pro per.

 

STAFF CONTACT:

Barbara Hannah

David Lantzer

 

ATTACHMENTS:

Exhibit A:                     Demographic Information

Exhibit B:                     Hearing Officer’s Proposed Findings of Fact and Recommended Decision

Exhibit C:                     Request for Administrative Review of Initial Hearing

Exhibit D:                     Applicant’s Statement of Facts and Physician’s Report

Exhibit E:                     Department Statement of Facts

Exhibit F:                     Job Description, Physical Requirements Questionnaire