The POST Commission on Sept. 19 took testimony from the estate's representatives in an appeal contesting the commission staff's denial of a line-of-duty (LOD) death benefit for the late officer Randy Dale and voted to table the appeal for 30 days so the Montgomery County sheriff can be available to answer questions.

Counsel explained that the staff denied the LOD application because it lacked a required affidavit from the lead law-enforcement official at the decedent’s agency. Counsel described the statutory filing requirements: the commission must receive an affidavit from the agency lead, a death certificate, a letter requesting payment, and letters appointing an estate administrator. "We had everything except for the affidavit, but ultimately [we] denied the line of duty death application based off of not having the form affidavit from the sheriff," counsel said.

Miss Phillips, an attorney representing the estate, told the commission the situation is atypical because the decedent suffered a line-of-duty injury in April 2020, later developed complications from a traumatic brain injury, and died in August 2021. Phillips said the sheriff was uncomfortable signing the specific affidavit language because it includes a statement that the decedent "was current in required training and physical exams at the time of death," and the sheriff felt he could not make medical causation statements. Phillips said a court later found the death to be a line-of-duty death in a declaratory-judgment proceeding and that a medical examiner’s autopsy supported the estate’s position.

Commissioners said they wanted the sheriff available to answer a limited set of questions on the record before making a final determination. A motion to table the appeal for 30 days carried after a second from Commissioner Green. The commission directed staff to place the item on the next meeting agenda and to notify the parties of a date when the sheriff could appear by video.

The transcript records the potential benefit amount discussed by commissioners: $50,000 a year for five years (total $250,000). The commission did not decide on the underlying merits on Sept. 19 but postponed final action to allow the sheriff's participation.