FROM: Barbara Hannah, Chief Counsel
SUBJECT: Disability Retirement Application of Wendy A. James
RECOMMENDATION:
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Approve and adopt the proposed findings and recommendations of the referee regarding the Service-Connected Disability Retirement with Supplemental Retirement Allowance of Wendy A. James - San Bernardino County - Preschool Services
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BACKGROUND:
This matter is in closed session because the Applicant failed to meet her burden to prove that the effective date for the service-connected disability retirement should be September 28, 2019. The Hearing Officer is recommending the Board approve Applicant’s request for a service-connected disability retirement with an effective date of August 18, 2021, the date of application. Additionally, the Hearing Officer is recommending the Board grant Applicant the supplemental disability retirement allowance, as she is not capable of gainful employment. 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 service-connected disability retirement, with an effective date of August 18, 2021, the date of application. The Board further found that Applicant is capable of gainful employment and therefore, denied the supplemental disability retirement allowance.
On January 23, 2023, Applicant requested to proceed to a Formal Hearing. On June 4, 2024, the parties were served with the Hearing Officer’s Proposed Summary of Evidence, Proposed Findings of Fact and Recommended Decision. On June 6, 2024, Respondent SBCERA submitted its Objections to the Hearing Officer’s Summary of Evidence, Proposed Findings of Facts and Recommended Decision. On June 20 and June 21, 2024, Applicant Wendy James submitted her Responses to Respondent’s Objections to the Hearing Officer’s Findings. On July 15, 2024, the Hearing Officer submitted a Response to Respondent’s Objections and Notice of Final Proposed Findings, requesting the proposed decision as originally submitted be adopted by the Board.
On July 29, 2024, Christopher Lockwood, Counsel for Respondent, notified SBCERA that he would be on vacation and out of state on September 5, 2024, and would not be able to attend the Board Meeting. Mr. Lockwood requested the agenda item be set for the October 3, 2024, Board Meeting.
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 decision to grant Wendy A. James a Service-Connected Disability Retirement, with an effective date of August 18, 2021, the date of application. Additionally, grant Applicant the supplemental disability retirement allowance, as she is not capable of gainful employment.
Applicant, In pro per
Attorney for Respondent, SBCERA - Christopher Lockwood, Esq.
STAFF CONTACT:
Barbara Hannah
David Lantzer
ATTACHMENTS:
Exhibit A: Demographic Information
Exhibit B: Hearing Officer’s Proposed Summary of Evidence, Proposed Findings of Fact and Recommended Decision
Exhibit C: Respondent’s Objections to Hearing Officer’s Summary of Evidence, proposed Findings of Facts and Recommended Decision
Exhibit D: Applicant’s Responses to Respondent’s Objections to Hearing Officer’s Findings
Exhibit E: Hearing Officer’s Response to Respondent’s Objections
Exhibit F: Request for Administrative Review of Initial Hearing
Exhibit G: Applicant’s Statement of Facts and Physician’s Report
Exhibit H: Department Statement of Facts
Exhibit I: Job Description, Physical Requirements Questionnaire
Exhibit J: Applicant’s Closing Brief
Exhibit K: Respondent’s Closing Brief
Exhibit L: Applicant’s Reply Brief