FROM: Barbara Hannah, Chief Counsel
SUBJECT: Disability Retirement Application of Khalid Alsuwadi
RECOMMENDATION:
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Approve and adopt the proposed findings and recommendations of the referee regarding the application for Service-Connected Disability Retirement of Khalid Alsuwadi - San Bernardino County - Sheriff.
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BACKGROUND:
This matter is in closed session because the Applicant failed to meet his burden of proving that there is substantial evidence of a mature claim for a disability retirement prior to his voluntary resignation in lieu of termination, effective January 13, 2021. Therefore, the Hearing Officer is recommending the Board reject Applicant’s disability retirement application, as Applicant is not eligible to apply for a disability retirement.
On July 26, 2023, Applicant, Khalid Alsuwadi, applied for a service-connected disability retirement. On September 6, 2023, Applicant’s Disability Retirement Application was rejected on the grounds that he had voluntarily resigned in lieu of termination, effective January 13, 2021, and therefore was ineligible to apply for a disability retirement.
Pursuant to Rule 6 of SBCERA’s Procedures for Disability Retirement Applications and Formal Hearings, when an applicant resigns in lieu of termination, the applicant is not eligible to apply for a disability retirement. Therefore, on September 6, 2023, the matter was referred to an Administrative Review to determine if there is substantial evidence of a mature claim for disability prior to the termination for cause or resignation in lieu of termination; and, if there is substantial evidence that the termination for cause or resignation in lieu of termination was related to any mature claim for disability.
On January 3, 2025, Irene P. Ayala was assigned as the Hearing Officer, giving her 180 calendar days, up to and including July 2, 2025, to complete the Formal Hearing proceeding and close the record, pursuant to Rule 11 of SBCERA’s Procedures.
The Formal Hearing was held on June 23, 2025 (Day 1) and July 15, 2025 (Day 2).
On June 26, 2026, Barbara Hannah, Chief Counsel of SBCERA submitted to Debby Cherney, CEO of SBCERA, a request for Extension of Hearing Officer’s Jurisdiction for a period of 180 days from July 2, 2025 up to and including December 29, 2025, to accommodate Day Two of the Formal Hearing scheduled for July 15, 2025, pursuant to Rule 11(c) of the Procedures for Disability Retirement Applications and Formal Hearings (Procedures). On June 27, 2025, the CEO granted the request and extended the Hearing Officer’s jurisdiction up to and including December 29, 2025.
On January 5, 2026, SBCERA received the Hearing Officer’s Proposed Findings of Fact, Conclusions of Law and Recommended Decision. On January 12, 2026, the parties were served with the Hearing Officer’s Proposed Findings of Fact, Conclusions of Law and Recommended Decision. On January 20, 2026, Applicant submitted his Written Objections to the Hearing Officer’s proposed findings. On February 2, 2026, Respondent filed its reply to Applicant’s Objections to the Hearing Officer’s Proposed findings.
On February 3, 2026, SBCERA received the Hearing Officer’s response to Applicant’s objections and reaffirmed the initial Proposed Findings of Fact, Conclusions and Recommended Decision as her final report.
Therefore, staff recommends the Board adopt the Hearing Officer’s Proposed Findings of Fact, Conclusions and Recommended Decision to reject Applicant’s disability retirement application, as Applicant is not eligible to apply for a disability retirement, based on the facts that there is no substantial evidence of a mature claim for a disability retirement prior to his voluntary resignation in lieu of termination, effective January 13, 2021.
Applicant In Pro Per
Attorney for Respondent - Allison Callaghan, Esq. (Nossaman LLP)
STAFF CONTACT:
Barbara Hannah
ATTACHMENTS:
Exhibit A: Demographics
Exhibit B: Hearing Officer’s Proposed Findings of Fact, Conclusions of Law, and Recommendations
Exhibit C: Applicant’s Written Objections to Hearing Officer’s Proposed Findings
Exhibit D: Respondent’s Reply to Applicant’s Objections to Proposed Findings of Fact, Conclusions of Law and Recommended Decision
Exhibit E: Hearing Officer’s Response to Applicant’s Objections to Proposed Findings of Fact, Conclusions of Law and Recommended Decision
Exhibit F: Applicant’s Closing Brief
Exhibit G: Respondent’s Closing Brief
Exhibit H: Applicant’s Reply Brief
Exhibit I: Notice of Rejection of Disability Retirement Application, dated September 6, 2023
Exhibit J: Applicant’s Statement of Facts
Exhibit K: Department Statement of Facts