FROM: Barbara Hannah, Chief Counsel
SUBJECT: Disability Retirement Application of Anthony Friesner
RECOMMENDATION:
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Approve and adopt the proposed findings and the recommendations of the referee regarding the Service-Connected Disability Retirement benefit of Anthony Friesner - San Bernardino County - Sheriff.
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BACKGROUND:
At the September 7, 2023 meeting of the Board of Retirement, the Board denied Applicant's request for a Service-Connected Disability Retirement. On September 27, 2023, Applicant requested to proceed to an Expedited Administrative Review.
On February 5, 2024, Applicant was served with the Hearing Officer's Summary of Evidence, Finding of Fact, Conclusion of Law, and Recommendation After Expedited Administrative Review denying Anthony Freisner a Service-Connected Disability Retirement. On February 6, 2024, SBCERA received Applicant's objections to the Hearing Officer's proposed findings and recommendations.
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 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.
Again, staff recommends approving and adopting the hearing officer's decision to deny Mr. Friesner a Service-Connected Disability Retirement.
Attorney - None
STAFF CONTACT:
Barbara Hannah
David Lantzer
ATTACHMENTS:
Exhibit A: Demographic Information
Exhibit B: Hearing Officer's Summary of Evidence, Finding of Fact, Conclusion of...
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