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 h...
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