FROM: Barbara Hannah, Chief Counsel
SUBJECT: Disability Retirement Application of Kenneth Marshall
RECOMMENDATION:
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Approve and adopt the proposed findings and recommendations prepared at the direction of the Board in the Service-Connected Disability Retirement Application of Ken Marshall – San Bernardino County - Sheriff.
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BACKGROUND:
This matter is in closed session for the Board to take such action as the Board deems appropriate based upon the evidence presented in the record, pursuant to Rule 31 of SBCERA’s Procedures for Disability Retirement Applications and Formal Hearings. On September 3, 2026, the Board denied Applicant’s request for a service-connected disability retirement. The Board directed the prevailing party, Respondent SBCERA to prepare the proposed Findings of Fact and Conclusions of law based on the tentative decision.
The issue before the Board is whether to adopt the proposed Findings of Fact and Conclusions of Law, consider any written objections thereto, and adopt such Findings of Fact and Conclusions of Law as the Board deems appropriate. Under SBCERA’s Procedures, counsel for Applicant and Respondent SBCERA will each be given four (4) minutes for oral argument to address the Board in closed session.
Procedural History:
At the May 2, 2024, 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. Applicant requested to proceed to a Formal Hearing, and the hearing was completed on July 29, 2025.
Thereafter, on July 2, 2026, the Board considered the Hearing Officer’s recommended decision. The Board voted to require the preparation of a transcript and summary of the evidence, permit the parties to submit simultaneous written briefs by July 24, ...
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