FROM: Barbara Hannah, Chief Counsel
SUBJECT: Disability Retirement Application of Ralph Noriega, Jr.
RECOMMENDATION:
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Dismiss with prejudice the appeal of the Disability Retirement Application of Ralph Noriega, Jr. - San Bernardino County - Sheriff, due to Applicant’s noncooperation to complete the Formal Hearing record pursuant to SBCERA Procedures for Disability Retirement Applications and Formal Hearing, Rule 33(c) and (k) - Dismissal for Lack of Prosecution.
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BACKGROUND:
On February 6, 2024, Applicant, Ralph Noriega, Jr., applied for a service-connected disability retirement. On May 10, 2024, Mr. Noriega’s Disability Retirement Application was rejected on the grounds that he had voluntarily resigned in lieu of termination, effective February 7, 2022, and therefore is 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 May 10, 2024, 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 August 28, 2025, Charles Scolastico was assigned as the hearing officer in the Formal Hearing proceeding. On October 9, 2025, the Prehearing Conference was held, and all parties appeared. At the Prehearing Conference the Hearing Officer reviewed SBCERA’s Procedures, discussed the requirements for submitting evidence, and established the deadlines for all documents to be submitted prior to the Formal Hearing scheduled for December 15, 2025. SBCERA served its Prehearing Statement on the parties on October 15, 2025. Applicant’s Prehearing Statement was due on October 31, 2025; however, Applicant did not submit a Prehearing Statement.
On October 31, 2025, Applicant contacted SBCERA and informed staff that he no longer wished to pursue his appeal. Thereafter, Applicant e-mailed SBCERA to confirm the telephone conversation and requested that any further action in this proceeding be terminated. On October 31, 2025, SBCERA sent to Applicant the form Request to Withdraw from Formal Hearing proceeding providing instructions that he execute the form in order to close the appeal and return it to SBCERA by November 7, 2025.
Applicant did not provide the executed Request to Withdraw form by the due date of November 7, 2025. Based on Applicant’s statement that he wished to withdraw his appeal, SBCERA issued a notice on November 17, 2025, vacating the Formal Hearing date of December 15, 2025; terminating the jurisdiction of the Hearing Officer, Charles Scolastico; and, advising the parties the matter would be returned to the Board to consider dismissal with prejudice for failure to pursue the appeal, pursuant to Rule 33, subsections (c) and (k) of SBCERA’s Procedures.
Lastly, as of the date of preparation of this Board Agenda item, no response has been received from the Applicant.
Therefore, staff recommends the Board dismiss with prejudice the appeal of Applicant’s Disability Retirement Application in its entirety for noncooperation by the Applicant to complete the Formal Hearing proceeding, pursuant to Rule 33(c) and (k) of SBCERA’s Procedures.
Applicant In Pro Per
Attorney for Respondent - Christopher Lockwood, Esq.
STAFF CONTACT:
Barbara Hannah
ATTACHMENTS:
Exhibit A: SBCERA Letter Notice of Setting Prehearing Conference and Formal Hearing, dated September 18, 2025
Exhibit B: Email from Applicant Requesting Termination of Appeal, dated October 31, 2025
Exhibit C: SBCERA Letter to Applicant re Request to Withdraw from Formal Hearing Proceeding, dated October 31, 2025
Exhibit D: SBCERA Letter Notice to Vacate Formal Hearing Date, Notice of Termination of Hearing Officer’s Jurisdiction and Notice to Return to Board Per Rule 33 - Dismissal for Lack of Prosecution, dated November 17, 2025
Exhibit E: Notice of Rejection of Disability Retirement Application, dated May 10, 2024
Exhibit F: Applicant’s Statement of Facts
Exhibit G: Department’s Statement of Facts
Exhibit H: Job Description, Physical Requirements Questionnaire