FROM: Christina Cintron, Chief of Member Services
SUBJECT: Returning Retiree Certification: Allan Sinclair
RECOMMENDATION:
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Approve the request to extend the employment of Allan Sinclair from July 13, 2025, through July 16, 2027, due to an extreme necessity to continue his employment beyond the 18-month limit. The request meets the criteria set forth in SBCERA Benefits Policy No. 032 “Retirees Returning to Work”.
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BACKGROUND:
The California Public Employees’ Pension Reform Act of 2013 (“PEPRA”) imposes specific restrictions on retirees who return to work with an employer in the same public retirement system from which they receive benefits. SBCERA’s Board of Retirement (“the Board”) policy on “Retirees Returning to Work” governs the criteria for re-employing retirees in compliance with PEPRA. When an employer seeks to re-employ an SBCERA retiree beyond 18 consecutive months, the request is subject to Board approval.
Allan Sinclair retired from the San Bernardino County Sheriff’s Department on March 12, 2022, where he served as a Deputy Sheriff. In accordance with SBCERA Benefits Policy No. 032, “Retirees Returning to Work,” he was approved by staff to return to limited-duration employment for an initial 18-month period, spanning from July 16, 2022, to January 12, 2024. Following this, the department requested - and the Board approved at its February 1, 2024 meeting - an additional 18-month extension through July 13, 2025. The Sheriff’s Department is now requesting a further 18-month extension of Mr. Sinclair’s limited-duration employment through July 16, 2027, citing the extreme necessity of his continued service.
Mr. Sinclair is currently serving as a POST-certified Deputy Sheriff assigned to Desert/Mountain Court Services. In this capacity, he performs essential courtroom and security duties, including providing judicial officer protection, arresting defendants remanded into custody, escorting inmates throughout the courthouse and in the holding area, applying and removing restraints, maintaining order within holding areas, and ensuring overall courthouse security in both public and restricted spaces. Each courtroom requires a dedicated Deputy Sheriff to maintain operational safety and continuity.
As noted in Exhibit B, Sections 5 and 6, Mr. Sinclair possesses the specialized certification, training, and experience required for the performance of these duties. His continued re-employment is necessary due to several vacancies in the Deputy Sheriff classification and persistent staffing shortages within Court Services. Although the department actively recruits for these positions through postings on the County employment website, social media, participation in job fairs, and outreach through a designated recruitment group, the demand for qualified, POST-certified personnel remains high. Certification requires at least one year of service, limiting the number of immediate replacements available.
If Mr. Sinclair is not retained, the department would attempt to fill the role using overtime deputies from other stations or divisions. However, overtime resources are not guaranteed, as patrol and corrections functions are given higher priority due to public safety concerns. While his absence would not entirely halt public operations, it could result in delays or interruptions in certain courtroom functions if safety and security requirements are not met.
This request is presented in alignment with the requirements of SBCERA Benefits Policy No. 032:
• Extreme Necessity: The need for Mr. Sinclair’s continued employment arises from an unavoidable and ongoing staffing shortage that could not have been fully anticipated.
• Limited Duration: The request is limited in scope and duration, supporting the continuity of courtroom safety operations until permanent, POST-certified staff can be recruited, trained, and placed.
CONCLUSION:
Based on the justification provided, staff recommends that the Board approve the request to extend Allan Sinclair’s employment beyond the 18-month limit in accordance with PEPRA and SBCERA Benefits Policy No. 032.
BUDGET IMPACT:
None.
STRATEGIC PLANNING GOAL/OBJECTIVE:
Operational Excellence & Efficiency
STAFF CONTACT:
Christina Cintron
ATTACHMENTS:
Exhibit A: Board Summary Worksheet
Exhibit B: Certification Form
Exhibit C: Prior Certification Forms