FROM: Barbara Hannah, Chief Counsel
SUBJECT: Disability Retirement Application of Ray Cervantes
RECOMMENDATION:
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Approve and adopt the proposed findings and recommendations of the referee regarding the Nonservice-Connected Disability Retirement with Supplemental Retirement Allowance of Ray Cervantes - San Bernardino County - Purchasing
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BACKGROUND:
This matter is in closed session because the Applicant failed to meet his burden that he is permanently incapacitated and therefore, the hearing officer is recommending the Board deny Applicant’s application for a nonservice-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 September 1, 2022, meeting of the Board of Retirement, the Board denied Applicant’s request for a Nonservice-Connected Disability Retirement. On September 25, 2022, Applicant requested to proceed to a Formal Hearing. On February 12, 2024, the parties were served with the Hearing Officer’s Proposed Summary of Evidence and Suggested Findings of Fact and Conclusions of Law, dated January 20, 2024. On February 20, 2024, Applicant submitted his Objections to the proposed Findings of Fact and Conclusions of Law. Respondent SBCERA did not file a response to Applicant’s Objections. On March 2, 2024, the Hearing Officer submitted a Response to Applicant’s Objections and Notice of Final Proposed Findings, requesting the proposed decision be adopted by the Board without alteration.
On April 2, 2024, Christopher Lockwood, Counsel for Respondent, notified SBCERA that he had a calendar conflict on April 4, 2024, due to a scheduled Court appearance and would not be able to attend the Board Meeting. Mr. Lockwood requested the agenda item be continued to the May 2, 2024, Board Meeting. On April 4, 2024, the Board granted Respondent’s request and continued the matter to May 2, 2024, so an appearance can be made.
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.
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 and Suggested Findings of Fact and Conclusions of Law
Exhibit C: Applicant’s Objections to Proposed Findings of Fact, Conclusions of Law, and Recommended Decision
Exhibit D: Hearing Officer’s Response to Applicant’s Objections
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: Respondent’s Closing Brief