FROM: Christina Cintron, Chief of Member Services
SUBJECT: Returning Retiree Certification: Colleen Goggin
RECOMMENDATION:
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Approve the request to extend the employment of Colleen Goggin from March 7, 2026 through September 3, 2027, in accordance with SBCERA Benefits Policy No. 032, Retirees Returning to Work. The request meets the policy criteria for extensions beyond the 18-month employment limit, based on the employer’s demonstration of Extreme Necessity and a defined, time-limited scope of work.
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BACKGROUND:
The California Public Employees’ Pension Reform Act of 2013 (PEPRA) establishes limitations for retirees returning to work in the same retirement system from which they receive a pension. Under SBCERA Benefits Policy No. 032, extensions beyond 18 consecutive months of re-employment must be approved by the Board of Retirement and are permitted only under conditions of Extreme Necessity and for a Limited Duration.
Colleen Goggin retired from the San Bernardino County Office of the District Attorney on March 12, 2019, after over 25 years of service. At the time of her retirement, she was serving as a Deputy District Attorney IV. Her original Returning Retiree Certification covered the period from September 7, 2024 through March 6, 2026, during which she resumed duties in the same classification. This request represents the first extension beyond the initial 18-month certification period.
CURRENT REQUEST:
The employer requests an extension of Ms. Goggin’s Returning Retiree employment from March 7, 2026 through September 3, 2027, continuing in the classification of Deputy District Attorney IV (Extra Help) for the Office of the District Attorney of San Bernardino County.
Extreme Necessity:
The employer reports that Ms. Goggin is assigned to perform filing functions within the District Attorney’s Office, including reviewing evidence and making charging determinations for criminal cases prior to submission to the Superior Court (Exhibit D, page 2). Filing is a non-delegable prosecutorial function that directly impacts liberty interests, victims’ rights, court calendars, and the effective administration of justice (Exhibit D, page 2).
Under California law, individuals who are arrested and detained must be brought before a magistrate within a strict statutory timeframe, generally within 48 hours of arrest, excluding weekends and court holidays. In practice, this creates compressed filing deadlines, particularly for individuals arrested over the weekend who must be reviewed and charged in advance of Tuesday morning court calendars. The employer indicates that detained cases often require charging decisions to be completed by late morning on Tuesday in order to comply with court scheduling requirements and statutory timelines.
Based on her 25 years of experience as a Deputy District Attorney, including extensive prior assignments in filing, Ms. Goggin is able to efficiently review investigative reports, evaluate evidence, and make timely charging determinations within these compressed timeframes. Her experience allows her to exercise independent legal judgment and reach legally sufficient charging decisions expeditiously, without the extended review or consultation that may be required of less experienced attorneys. This level of efficiency and prosecutorial judgment is particularly critical when operating within statutory detention deadlines.
While the absence of Ms. Goggin would not result in a complete stoppage of public business, the employer reports that it would increase the risk of delayed charging decisions for detained individuals and require redistribution of responsibilities to other Deputy District Attorneys who are already managing full caseloads. Such redistribution would place additional strain on prosecutorial operations and increase the risk of delayed charging determinations and impacts to court scheduling (Exhibit D, page 2).
Taken together, these factors demonstrate that Ms. Goggin’s continued limited assignment is necessary to maintain effective prosecutorial operations and to avoid material disruption to the timely administration of justice. As described in the attached correspondence from the Office of the District Attorney, the necessity arises from current operational demands and workload pressures rather than from the retiree’s retirement itself (Exhibit D, Page 1).
Limited Duration / Completion of Work:
The employer indicates that Ms. Goggin’s Returning Retiree appointment remains temporary and is tied directly to a clearly defined and limited scope of work (Exhibit D, page 2). Her primary responsibility is performing filing functions for criminal case intake, including the review and charging of detained cases within compressed statutory timeframes. This assignment is confined to a discrete operational function and does not include broader administrative, supervisory, or long-term programmatic responsibilities within the Office.
Ms. Goggin’s role is structured as a limited support assignment of approximately 15 hours per week, reflecting that the position supplements existing staffing resources and does not function as a permanent or replacement position within filing operations.
SBCERA Benefits Policy No. 032 provides that a position may be considered limited in duration if the retiree is temporarily filling a hard-to-recruit position and the employer demonstrates ongoing recruitment efforts with an anticipated endpoint. The District Attorney’s Office has represented that filing assignments require a level of prosecutorial experience and institutional familiarity that is not readily replicated within the current staffing structure, further supporting the temporary and specialized nature of this assignment (Exhibit D, page 2).
By their assertion in the letter provided to SBCERA, the role is not structured to provide indefinite stopgap coverage or to create the functional equivalent of a permanent part-time position (Exhibit D, page 1). Rather, it is a narrowly confined support assignment limited to specific filing functions during a defined operational period and is expected to conclude upon stabilization of filing operations through permanent staffing, consistent with the employer’s representation that the role is not intended to provide ongoing or indefinite coverage.
Because the work is narrowly defined, limited in scope and hours, and connected to an foreseeable operational endpoint, the employer has identified a limited and time-bound body of work consistent with the Hard-to-Recruit and Limited Duration standards set forth in Policy No. 032. These factors collectively satisfy the Limited Duration requirement.
Recruitment Efforts:
The employer reports that recruitment for Deputy District Attorney classifications is ongoing and conducted in coordination with County Human Resources. Hiring efforts include continuous recruitment, testing, and interviewing in order to address attrition and maintain adequate staffing levels.
As stated in the employer’s correspondence, the Office currently has 223 authorized Deputy District Attorney positions, of which 168 are filled and 26 remain vacant, representing an approximate 11.7% vacancy rate (Exhibit D, page 1). The employer indicates that hiring has not kept pace with attrition and workload demands, resulting in sustained vacancies within the Office (Exhibit D, page 1).
The employer further explains that filing assignments, particularly those requiring multi-division experience and institutional familiarity, are difficult to fill (Exhibit D, page 2). Ms. Goggin began her service with the Office in 1989 and, after becoming a licensed attorney in 1995, served for many years as a filing deputy across multiple geographic divisions. In total, she accumulated well over fifteen years directly assigned to filing functions (Exhibit D, page 2). The employer represents that few attorneys possess a comparable breadth of experience in this specialized area (Exhibit D, page 2).
The District Attorney further explains that attorneys newly hired into the classification require time to develop the independent judgment and operational efficiency necessary to manage complex filing determinations within compressed statutory detention timelines (Exhibit D, page 2). As a result, individuals with comparable filing experience are not readily available within the current applicant pool.
Based on the information provided and the documentation submitted, staff finds that the employer has demonstrated documented and ongoing recruitment efforts and has established that the filing assignment reflects the type of hard-to-recruit position contemplated under SBCERA Benefits Policy No. 032.
LEGAL AND POLICY CONSIDERATIONS:
Pursuant to SBCERA Benefits Policy No. 032 and applicable PEPRA provisions, Board approval for re-employment beyond 18 consecutive months requires that the request satisfy both of the following conditions:
1. Extreme Necessity - The employer must demonstrate that the re-employment is essential to maintain effective operations due to genuinely unforeseen or unavoidable circumstances; and
2. Limited Duration / Completion of Work - The re-employment must relate to the completion of a specific, time-bound task or project, or meet one of the limited-duration conditions defined in Policy No. 032.
• Hard-to-Recruit Positions - Temporary placement in a classification requiring specialized skills, certifications, or qualifications that are difficult to recruit for in the labor market, supported by documented and ongoing recruitment efforts; or
• Stoppage of Public Business - Re-employment necessary to prevent interruption of essential government functions where such interruption would directly compromise public safety, security, welfare, or the effective administration of justice.
Based on the employer’s statements and the supporting documentation submitted, staff finds that the request satisfies the Extreme Necessity and Limited Duration requirements set forth in SBCERA Benefits Policy No. 032.
CONCLUSION:
Based on the justification provided and the supporting documentation submitted, staff recommends that the Board approve the Returning Retiree extension request for Colleen Goggin in accordance with SBCERA Benefits Policy No. 032 and applicable PEPRA provisions.
BUDGET IMPACT:
None.
STRATEGIC PLANNING GOAL/OBJECTIVE:
Operational Excellence & Efficiency
STAFF CONTACT:
Christina Cintron
ATTACHMENTS:
Exhibit A: Board Summary Worksheet
Exhibit B: Certification Extension Request
Exhibit C: Prior Certification Request
Exhibit D: Addendum in Support of Extension Request (Employer Provided)