San Bernardino County Employees Retirement Association
File #: 24-379.1    Name:
Type: Consent Item
File created: 4/22/2025 In control: BOARD OF RETIREMENT
On agenda: 5/1/2025 Final action:
Title: Approve and adopt the proposed findings and recommendations of the referee regarding the Disability Retirement of Alethea C. Randolph-Johnson - San Bernardino County - Probation.
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
No records to display.

FROM:                                          Barbara Hannah, Chief Counsel

 

SUBJECT:                                          Disability Retirement Application of Alethea C. Randolph-Johnson

                                                                                                                         

RECOMMENDATION:

title

Approve and adopt the proposed findings and recommendations of the referee regarding the Disability Retirement of Alethea C. Randolph-Johnson - San Bernardino County - Probation.

body

 

BACKGROUND:

This matter is on consent calendar because the Applicant met her burden of proof to show that her permanent incapacity is service-connected.  The Hearing Officer is recommending the Board approve the Applicant’s request for a service-connected disability retirement.

 

Procedural History:

 

At the October 3, 2024, meeting of the Board of Retirement, the Board determined that the applicant was not incapacitated for the performance of duties and denied the disability retirement. 

 

On October 25, 2024, the applicant requested to proceed to an Expedited Administrative Review. 

 

On January 22, 2025, Richard Terzian was assigned as the hearing officer in the Expedited Administrative Review proceeding.  Respondent SBCERA submitted its Documentary Evidence on February 6, 2025.  Applicant submitted her Documentary Evidence on February 20, 2025.

 

On April 21, 2025, SBCERA received the Hearing Officer’s Summary of Evidence, Proposed Findings of Fact and Recommended Decision and found that applicant’s disability retirement is service-connected.  On April 22, 2025, the parties were served with the Hearing Officer’s findings and recommendations. 

 

Other Options Available if Staff’s Recommendation is Not Adopted:

 

Although staff recommends approving the hearing officer’s amended 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 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.

 

Again, staff recommends approving and adopting the Hearing Officer’s decision to grant Alethea C. Randolph-Johnson a Service-Connected Disability Retirement.

 

Applicant in Pro Per

 

STAFF CONTACT:

Barbara Hannah

David Lantzer

 

ATTACHMENTS:

Exhibit A:                     Demographic Information

Exhibit B:                     Hearing Officer’s Summary of Evidence, Proposed Finding of Fact and Recommended Decision

Exhibit C:                     Request for Administrative Review of Initial Hearing

Exhibit D:                     Applicant’s Statement of Facts and Physician’s Report

Exhibit E:                     Department Statement of Facts

Exhibit F:                     Job Description, Physical Requirements Questionnaire