FROM: Barbara Hannah, Chief Counsel
SUBJECT: Disability Retirement Application of Kenneth Marshall
RECOMMENDATION:
title
Refer the matter back with instructions to the hearing officer for further proceedings regarding the application for a Service-Connected Disability Retirement of Kenneth Marshall - San Bernardino County - Sheriff. Assign a new hearing officer to hear the issues anew as Mr. Terzian no longer serves on the panel.
body
BACKGROUND:
This matter is in closed session to consider whether to refer the matter back with instructions on the basis that the hearing officer failed to determine whether the applicant was permanently incapacitated from substantially performing his usual job duties at the time of his retirement date as opposed to his present state. Under SBCERA's Procedures for Disability Retirement and Formal Hearings, counsel for Applicant and 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.
On May 4, 2024, Applicant requested to proceed to a Formal Hearing. The Formal Hearing was completed on July 29, 2025.
On December 26, 2025, SBCERA received the Hearing Officer's Proposed Summary of Evidence, Proposed Findings of Fact and Recommended Decision, dated December 9, 2025. On January 27, 2026, the Hearing Officer's Proposed Findings and Recommendations were served on the parties, giving them ten (10) days within which to file objections. On February 6, 2026, Respondent SBCERA filed its Objections to the Summary of Evidence, Proposed Findings of Fact and Recommended Decision. On February 17, 2026, Applicant f...
Click here for full text