FROM: Barbara Hannah, Chief Counsel
SUBJECT: Disability Retirement Application of Brian M. Barrie
RECOMMENDATION:
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Approve the dismissal with prejudice the Disability Retirement Application of Brian M. Barrie - San Bernardino County - Sheriff, due to Applicant’s noncooperation to complete the Formal Hearing proceeding pursuant to SBCERA Procedures for Disability Retirement Applications and Formal Hearing, Rule 33(c) - Dismissal for Lack of Prosecution.
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BACKGROUND:
On June 12, 2023, Applicant, Brian M. Barrie applied for a service-connected disability retirement. On January 4, 2024, the Board found that Applicant is not permanently incapacitated for the performance of duties and denied the disability retirement.
On January 31, 2024, Applicant requested to proceed to a Formal Hearing proceeding.
On January 6, 2025, Michael Reiter was assigned as the hearing officer in the Formal Hearing proceeding. On January 23, 2025, SBCERA reached out to Applicant to obtain his availability to schedule the hearings. On February 3, 2025, Applicant verbally informed SBCERA that he did not wish to pursue his appeal any further. During the phone conversation Applicant was informed that he would need to complete a withdrawal form in order to close the appeal. Applicant stated that he would execute it upon receipt.
On February 3, 2025, a letter was sent to the Applicant enclosing the Request to Withdraw from Formal Hearing providing instructions to execute the form and return it to SBCERA in order to terminate the appeal. It was requested that he return the form no later than February 18, 2025. Applicant was informed should the form not be returned, SBCERA would proceed in scheduling the hearings. No response was received from Applicant by the due date. On February 21, 2025, SBCERA attempted to reach Applicant by e-mail to request he provide an update if he wished to continue with his appeal. Additionally, Applicant was informed that should SBCERA not receive a response by February 28, 2025, SBCERA would proceed in scheduling the hearings. Having received no response from the Applicant, on March 4, 2025, a Notice of Setting Prehearing Conference and Formal Hearing was sent out to the parties scheduling the hearings.
On March 7, 2025, the Prehearing Conference was held; however, Applicant did not appear at the hearing. On March 17, 2025, SBCERA again reached out to Applicant requesting he provide a status update if he wished to continue with his appeal. SBCERA did not receive a response from the Applicant.
On March 19, 2025, SBCERA sent out its Notice of Suspension of Administrative Appeal to the parties giving notice that the Formal Hearing was suspended. Additionally, Applicant was advised that this matter would be sent back to the Board to consider dismissal of the application, with prejudice pursuant to Rule 33, subsection (c) of SBCERA’s Procedures, for failure to pursue the appeal.
On April 4, 2025, SBCERA mailed a letter to the Applicant in a last attempt to resolve the matter and requested Applicant advise if he did or did not wish to pursue his appeal. 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 Applicant’s Disability Retirement Application in its entirety with prejudice, due to noncooperation by the Applicant, pursuant to Rule 33(c) of SBCERA’s Procedures.
STAFF CONTACT:
Barbara Hannah
ATTACHMENTS:
Exhibit A: SBCERA Letter dated February 3, 2025
Exhibit B: Email to Applicant dated February 21, 2025
Exhibit C: SBCERA Letter dated March 4, 2025
Exhibit D: SBCERA letter dated March 19, 2025
Exhibit E: SBCERA letter dated April 4, 2025
Exhibit F: Request for Administrative Review
Exhibit G: Applicant’s Statement of Facts
Exhibit H: Department’s Statement of Facts
Exhibit I: Job Description, Physical Requirements Questionnaire