FROM: Barbara Hannah, Chief Counsel
SUBJECT: Disability Retirement Application of Kenneth Marshall
RECOMMENDATION:
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Approve and adopt the proposed findings and recommendations prepared at the direction of the Board in the Service-Connected Disability Retirement Application of Ken Marshall - San Bernardino County - Sheriff.
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BACKGROUND:
This matter is in closed session for the Board to take such action as the Board deems appropriate based upon the evidence presented in the record, pursuant to Rule 31 of SBCERA’s Procedures for Disability Retirement Applications and Formal Hearings. On September 3, 2026, the Board denied Applicant’s request for a service-connected disability retirement. The Board directed the prevailing party, Respondent SBCERA to prepare the proposed Findings of Fact and Conclusions of law based on the tentative decision.
The issue before the Board is whether to adopt the proposed Findings of Fact and Conclusions of Law, consider any written objections thereto, and adopt such Findings of Fact and Conclusions of Law as the Board deems appropriate. Under SBCERA’s Procedures, counsel for Applicant and Respondent SBCERA will each be given four (4) minutes for oral argument 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 permanently incapacitated for the performance of duties and denied Applicant’s request for a service-connected disability retirement. Applicant requested to proceed to a Formal Hearing, and the hearing was completed on July 29, 2025.
Thereafter, on July 2, 2026, the Board considered the Hearing Officer’s recommended decision. The Board voted to require the preparation of a transcript and summary of the evidence, permit the parties to submit simultaneous written briefs by July 24, 2026, and provide the transcript, summary of evidence, written briefs, and related materials to the Board in advance of the September 3, 2026, Board meeting. That motion passed unanimously.
At the September 3, 2026, Board meeting, under Rule 31 of SBCERA’s Procedures, after review of the transcript or summary of all testimony, supplemental briefs, and all other evidence received by the Hearing Officer, the Board adopted the tentative decision finding that Applicant was not permanently incapacitated for the performance of the duties of his position at the time of his discontinuance of service and, therefore, denied his application for disability retirement.
Pursuant to Rule 31, the Board also directed the prevailing party, Respondent SBCERA, to prepare proposed Findings of Fact and Conclusions of Law consistent with the Board’s tentative decision.
Respondent SBCERA was directed to serve the proposed Findings of Fact and Conclusions of Law on Applicant’s counsel no later than September 13, 2026. The Board advised Applicant that he would be given ten (10) days from the date of service of the Proposed Findings of Fact and Conclusions of Law to file written objections, if any, and serve them on Respondent SBCERA no later than September 23, 2026.
Lastly, the Board informed the parties that the matter would be returned to the Board at its October 1, 2026, meeting for consideration of the proposed Findings of Fact and Conclusions of Law, any objections thereto, and adoption of a final decision.
Upon completion of the proceedings and the Board’s issuance of its final decision, all additional pleadings, supplemental briefing, proposed findings, including any alternative proposed findings, if applicable, objections thereto, Board decisions, agendas, minutes and any other documents filed, submitted, or considered in connection with this proceeding, shall be incorporated into and constitute part of the Official Administrative Record previously prepared.
Submitted Documents:
On September 13, 2026, Respondent submitted its Proposed Findings of Facts for the Board’s consideration. As of the close of business on September 23, 2026, counsel for Applicant had not submitted any written objections for the Board’s consideration.
Attorney for Applicant - Michael Treger, Esq. (Straussner / Sherman Lawyers)
Attorney for Respondent - Allison C. Callaghan (Nossaman LLP)
STAFF CONTACT:
Barbara Hannah
ATTACHMENTS:
Exhibit A: [Proposed] Findings of Fact and Conclusions of Law