FROM: Barbara Hannah, Chief Counsel
SUBJECT: Disability Retirement Application of Jeffrey Bohner
RECOMMENDATION:
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Approve and adopt the proposed findings and recommendations of the referee regarding the Service-Connected Disability Retirement of Jeffrey Bohner - San Bernardino County - Sheriff
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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 to the Board to deny Applicant’s application for a service-connected disability retirement. Under the Procedures For Disability Retirement and Formal Hearings, Applicant’s Counsel and SBCERA’s Counsel have an opportunity to address the Board in closed session.
Procedural Background:
At the July 7, 2022, meeting of the Board of Retirement, the Board denied Applicant’s request for a Service-Connected Disability Retirement. On July 21, 2022, Applicant requested to proceed to a Formal Hearing. On February 12, 2024, the parties were served with the Hearing Officer’s Proposed Findings of Fact, Conclusions of Law and Recommended Decision, dated January 26, 2024. On February 21, 2024, Applicant submitted his Objections to Proposed Findings of Fact, Conclusions of Law and Recommended Decision. On February 28, 2024, Respondent submitted its Reply to Applicant’s Objections. On March 5, 2024, the Hearing Officer submitted a Response to Applicant’s Objections, requesting the proposed decision [dated January 26, 2024] be forwarded to the Board of Retirement as the final report.
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 as 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.
Attorney for Applicant - Jane Oatman, Esq.
Attorney for Respondent, SBCERA - Ashley Dunning, Esq.
STAFF CONTACT:
Barbara Hannah
David Lantzer
ATTACHMENTS:
Exhibit A: Demographic Information
Exhibit B: Hearing Officer’s Proposed Findings of Fact, Conclusions of Law and Recommended Decision
Exhibit C: Applicant’s Objections to Proposed Findings of Fact, Conclusions of Law and Recommended Decision
Exhibit D: Respondent’s Reply to Applicant’s Objections to Proposed Findings of Fact, Conclusions of Law and Recommended Decision
Exhibit E: Hearing Officer’s Response to Applicant’s Objections
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
Exhibit J: Applicant’s Closing Brief
Exhibit K: Respondent’s Closing Brief
Exhibit L: Applicant’s Notice of Errata
Exhibit M: Applicant’s Reply Brief