FROM: Barbara Hannah, Chief Counsel
SUBJECT: Disability Retirement Application of Mark S. Martinez
RECOMMENDATION:
title
Approve and adopt the proposed findings and recommendations of the referee regarding the application for a Service-Connected Disability Retirement of Mark S. Martinez - San Bernardino County - Sheriff.
body
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. 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:
At the June 1, 2023, meeting of the Board of Retirement, the Board found that Applicant is not permanently incapacitated for the performance of duties and denied Applicant’s request for a service-connected disability retirement.
On June 21, 2023, Applicant requested to proceed to a Formal Hearing. The Formal Hearing was completed on June 3, 2025.
On September 10, 2025, SBCERA received the Hearing Officer’s Proposed Findings of Fact, Conclusions and Recommendation, dated September 10, 2025. On September 10, 2025, the parties were served with the Hearing Officer’s Proposed Findings of Fact, Conclusions and Recommendations, giving them ten (10) days within which to file objections. No objections were filed by Applicant or Respondent.
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 - Christopher Lockwood, Esq.
STAFF CONTACT:
Barbara Hannah
ATTACHMENTS:
Exhibit A: Demographic Information
Exhibit B: Hearing Officer’s Proposed Findings of Fact Conclusions and Recommendation, dated September 10, 2025
Exhibit C: Applicant’s Closing Brief
Exhibit D: Respondent’s Closing Statement
Exhibit E: Applicant’s Reply Closing Brief
Exhibit F: Request for Administrative Review of Initial Hearing
Exhibit G: Applicant’s Statement of Facts and Physician’s Report
Exhibit H: Department Statement of Facts
Exhibit I: Job Description, Physical Requirements Questionnaire