FROM: Christina Cintron, Chief of Member Services
SUBJECT: Returning Retiree Certification: Michael Dowd
RECOMMENDATION:
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Approve the request to extend the employment of Michael Dowd from May 6, 2025, to November 5, 2026, due to an extreme necessity to continue his employment beyond the 18-month limit. The request meets the criteria set forth in SBCERA Benefits Policy No. 032 “Retirees Returning to Work”.
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BACKGROUND:
The California Public Employees’ Pension Reform Act of 2013 (“PEPRA”) imposes specific restrictions on retirees returning to work for an employer within the same public retirement system from which they receive benefits. The San Bernardino County Employees’ Retirement Association (SBCERA) Board of Retirement (“the Board”) policy on “Retirees Returning to Work” outlines the criteria for such re-employment in compliance with PEPRA. Under this policy, any request to employ an SBCERA retiree beyond 18 consecutive months requires Board approval.
Michael Dowd retired on October 1, 2022, as a Supervising District Attorney for the San Bernardino County District Attorney’s Office. He was certified to return to work under SBCERA Benefits Policy No. 032 from November 6, 2022, through December 27, 2024. The department subsequently requested and received staff approval for an extension through May 5, 2025, as it remained within the 18-consecutive-month limit.
The District Attorney’s Office is now requesting an extension of Mr. Dowd’s employment from May 6, 2025, through November 5, 2026-beyond the 18-month limit-due to an ongoing and extreme necessity for his continued service.
Mr. Dowd currently serves as a Recurrent Deputy District Attorney IV. His responsibilities include reviewing Officer-Involved Shooting (OIS) cases and providing findings to the Assistant District Attorney. He is also tasked with reviewing pending cases to determine whether to file charges and, if so, which charges are appropriate. With over 26 years of experience in criminal law and trial proceedings, Mr. Dowd possesses significant expertise in evaluating cases across the full spectrum of criminal offenses, from misdemeanors to the most serious felonies.
Despite ongoing recruitment efforts, the District Attorney’s Office currently has approximately 30 vacant Deputy District Attorney positions. While recruitment is active, newly hired attorneys require time and experience to develop the judgment necessary for complex filing decisions. The department asserts that Mr. Dowd’s continued service is critical to preventing a backlog of unreviewed cases, which would otherwise result in delays that negatively affect the criminal justice system-including the courts, law enforcement, and victims of crime.
As detailed in Sections 5 and 6 of the attached certification (Exhibit B), the department emphasizes that the continued shortage of qualified attorneys limits its capacity to conduct timely case reviews. Without approval of this certification, the backlog of unreviewed cases is expected to increase, further impacting the efficiency of the criminal justice system and the administration of justice in San Bernardino County.
LEGAL AND POLICY CONSIDERATIONS:
Under SBCERA policy and PEPRA, when reviewing a request to extend a retiree’s employment beyond the 18-month limit, the Board must evaluate whether the following conditions are met:
1. Extreme Necessity - Re-employment must be necessary for the employer to continue effective operations due to genuinely extreme circumstances that were unavoidable or could not have been anticipated. A retiree's initial retirement does not automatically create this necessity.
2. Limited Duration - The re-employment must be limited to completing a specific, discrete amount of work, expected to be completed within a foreseeable timeframe, or related to a special project.
CONCLUSION:
Based on the justification provided, staff recommends that the Board approve the request to extend Michael Dowd’s employment beyond the 18-month limit in accordance with PEPRA and SBCERA Board Benefits Policy No. 032.
BUDGET IMPACT:
None.
STRATEGIC PLANNING GOAL/OBJECTIVE:
Operational Excellence & Efficiency
STAFF CONTACT:
Christina Cintron
ATTACHMENTS:
Exhibit A: Board Summary Worksheet
Exhibit B: Certification Form
Exhibit C: Prior Certification Forms