FROM: Barbara Hannah, Chief Counsel
SUBJECT: Disability Retirement Application of Rafael A. Rosas
RECOMMENDATION:
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Approve and adopt the proposed findings and recommendations of the referee regarding the application for a Service-Connected Disability Retirement with Supplemental Retirement Allowance of Rafael A. Rosas - Probation - County of San Bernardino.
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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 service-connected disability retirement with a supplemental retirement allowance. Under SBCERA’s Procedures for Disability Retirement and Formal Hearings, Applicant and SBCERA’s counsel will have an opportunity to address the Board in closed session.
Procedural History:
On January 5, 2023, the Board referred this matter to an Administrative Hearing to determine member’s incapacities. On January 13, 2023, Applicant was notified that the Board voted to refer this matter to a hearing officer to provide a recommendation regarding the disability retirement application.
On November 30, 2023, Duane E. Bennett was assigned as the Hearing Officer giving him 180 calendar days, up to and including May 28, 2024, to complete the Formal Hearing proceeding, pursuant to Rule 11, of SBCERA’s Procedures for Disability Retirement Applications and Formal Hearings.
On January 18, 2024, SBCERA received a Notice of Representation of Counsel, naming Michael J. DeNiro as Applicant’s attorney of Record. Thereafter, the parties agreed that the Formal Hearing would be held on May 14, 2024, and deadlines for submission of evidence were set.
On March 20, 2024, SBCERA received a Notice of Withdrawal of Michael J. DeNiro as Applicant’s attorney of record. Because Applicant was in propria persona, it was necessary to conduct a Prehearing Conference hearing, pursuant to Rule 23 of SBCERA’s Procedures.
On April 4, 2024, the Board approved an extension for the hearing officer’s jurisdiction for a period of 120 days up to and including September 25, 2024, to accommodate scheduling of the Prehearing Conference, reschedule the Formal Hearing, and set new deadlines for submission of evidence. A Formal Hearing was scheduled for August 8, 2024; however, it was vacated due to additional issues raised by Respondent SBCERA.
On September 5, 2024, the Board approved a second extension for the jurisdiction of the hearing officer from September 25, 2024, for a period of 180 days up to and including March 24, 2025, to accommodate an additional hearing date. The Formal Hearing was scheduled for a two-day hearing and held on September 16, 2024, and October 22, 2024.
On February 13, 2025, SBCERA received the Hearing Officer’s Proposed Findings of Fact, Conclusions and Recommendation, dated February 12, 2025. On February 20, 2025, the parties were served with the Hearing Officer’s Proposed Findings of Fact, Conclusions and Recommendations.
On February 27, 2025, Applicant Rafael A. Rosas submitted his Request for Appeal (objections) to the Hearing Officer’s Findings. On March 11, 2025, Respondent SBCERA submitted its Reply to Applicant’s Request for Appeal to the Hearing Officer’s Findings.
On March 17, 2025, the Hearing Officer submitted and adopted his final Proposed Findings of Fact, Conclusions and Recommendation, dated March 14, 2025.
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 - Allison C. Callaghan, Esq.
STAFF CONTACT:
Barbara Hannah
David Lantzer
ATTACHMENTS:
Exhibit A: Demographic Information
Exhibit B: Hearing Officer’s Final Proposed Findings of Fact Conclusions and Recommendation, dated March 14, 2025
Exhibit C: Hearing Officers Proposed Findings of Fact, Conclusions and Recommendation, dated February 12, 2025
Exhibit D: Applicant’s Request for Appeal (Objections)
Exhibit E: Respondent’s Reply to Applicant’s Request for Appeal of Hearing Officer’s Findings of Fact
Exhibit F: Applicant’s Closing Statement
Exhibit G: Respondent’s Closing Statement
Exhibit H: Applicant’s Reply Closing Brief
Exhibit I: SBCERA Notice of Referral to Administrative Hearing
Exhibit J: Applicant’s Statement of Facts and Physician’s Report
Exhibit K: Department Statement of Facts
Exhibit L: Job Description, Physical Requirements Questionnaire