FROM: Barbara Hannah, Chief Counsel
SUBJECT: Disability Retirement Application of Christopher A. Hayes
RECOMMENDATION:
title
Dismiss with prejudice the appeal of the Disability Retirement Application of Christopher A. Hayes - San Bernardino County - County Fire, 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) - Dismissal for Lack of Prosecution.
body
BACKGROUND:
On March 31, 2023, Applicant, Christopher A. Hayes applied for a service-connected disability retirement. On August 1, 2024, the Board found that Applicant is not permanently incapacitated for the performance of duties and denied the disability retirement.
On August 27, 2024, Applicant requested to proceed to a Formal Hearing proceeding. However, after review of the appeal by Legal Services, it was determined that the claimed injuries listed on the appeal form were not the same injuries as presented to the Board; therefore, on February 26, 2025, Applicant completed a revised form to correct and list only the injury that was considered by the Board.
On May 29, 2025, Michael Reiter was assigned as the hearing officer in the Formal Hearing proceeding. On July 23, July 30, August 12 and August 18, 2025, SBCERA attempted to reach out to Applicant via e-mail to obtain his availability to schedule a prehearing conference and formal hearing. On August 18, 2025, SBCERA also attempted to reach Applicant by telephone at the phone number on file and left a detailed message in regard to the dates selected for the hearings. On August 19, 2025, SBCERA received a reply e-mail from Applicant's e-mail address, however no written response was provided in the e-mail.
Having received no written or verbal response from the Applicant, on August 20, 2025, SBCERA mailed...
Click here for full text