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Board attorney outlines disability hearing process and schedules review for April meeting
Summary
Board attorney Pedro Herrera updated trustees on a pending disability application, described differences between informal and formal hearings (including public deliberation and HIPAA implications), and trustees agreed to plan for the matter at the April 10, 2025 quarterly meeting with additional review time for materials.
Board attorney Pedro Herrera briefed trustees on the next steps for a pending disability application for a member (identified in the meeting as Mr. Claudio) and described the procedural options the board may use to resolve the claim.
Herrera said the member underwent an independent medical exam (IME) and that the board will wait for that physician report before scheduling either an informal hearing or a formal administrative hearing. "The informal hearing... it's not any less meaningful or impactful or final," Herrera said, explaining that an informal proceeding is typically used for efficiency but that a formal hearing is more like a trial with a court reporter, potential depositions and special counsel if necessary.
He explained privacy and public-access tradeoffs: the member signs a HIPAA release and a waiver acknowledging that deliberations occur at a publicly noticed meeting, and medical records provided for the hearing are not open for public inspection outside the proceeding. "During the hearing itself, technically speaking, anybody could walk in and listen," Herrera said, while also noting the board can request additional records or continue the hearing if clarifications are required.
Scheduling and review: trustees discussed the amount of time they would need to review medical and other records; one trustee recommended waiting 30 days after materials are provided. The board tentatively agreed to consider the matter at its next quarterly meeting on April 10, 2025, and to move that meeting start time to 1:00 p.m. (pending city approval) to allow additional time for the hearing.
Next steps: Herrera said the IME report is expected soon (often within 7–14 days after the exam) and that staff and counsel will circulate records to trustees in advance; trustees asked staff to confirm logistics and ensure adequate review time before any hearing.
