Sept. 17--The widow of a Marin County sheriff's deputy slain in Petaluma last year is in line for tax free, service-connected disability pension benefits even though the deputy wasn't on the job, but the matter will be aired in public before she's added to the pension payroll.
Although the Marin County pension board voted to approve service-connected benefits for Cynthia Mathiesen, widow of 49-year-old sheriff's deputy Jim Mathiesen, the panel will meet again in public next month to consider the case anew.
Deputy Mathiesen, who was on worker's compensation leave, was killed July 19, 2011 in a tragic off-duty confrontation when he came to the aid of a friend in Petaluma and tried to protect her from her ex-boyfriend, Thomas Halloran of Novato. Halloran, 28, gunned down Mathiesen, and in turn was shot to death by the woman's brother.
A service death benefit is more generous than a nonservice award and though not yet calculated, could amount to about $50,000 a year, along with lifetime health coverage. Most if not all of the payment would be tax free.
County finance chief Roy Given, who serves on the pension board, dissented in the 5-2 vote, joining board president Maya Gladstern. "I voted the way I did based on the information presented," Given said.
The board's reconsideration of the matter in public will be aimed at knotting legal loose ends after an Independent Journal inquiry about the propriety of holding a closed session on a matter
involving philosophical and legal arguments of public interest -- rather than a personnel matter involving medical records that raise privacy issues.
Although the pension board for years met in public to consider all disability benefit applications, it now chooses to meet privately, saying that matters involving medical details should remain confidential. Citing a 2005 attorney general's interpretation of the Ralph M. Brown Act, the state's anti-secrecy law, the panel does not disclose information about circumstances prompting disability applications.
After a conversation with a reporter about Wednesday's closed meeting, pension chief Jeff Wickman consulted with aides including legal counsel, then issued a brief statement indicating a second session will be held on the matter, this time in public.
He said in an interview it was a "unique case" because it involved a service-connected death benefit instead of the more usual disability retirement. "I believe this is the first service-connected death benefit application involving the murder of a county deputy sheriff that has come before any of the current members of the board," he added.
"Typically the closed sessions conducted by the board are for disability retirement applications where medical evidence is weighed to determine if permanent incapacity exists and whether the applicant's job substantially contributed to the incapacity," Wickman said, noting the panel believes it is allowed to meet privately to evaluate medical records.
But, he added, "In re-looking at the Mathiesen case, the board feels that the 'personnel exception' would not apply, and to address any potential concern, the service-connected death benefit application will be agendized for new consideration and action in open public session. ... The board is committed to operating in an open public environment that builds trust in its operations and demonstrates its commitment to transparent government operations."
The deputy's slaying stunned the sheriff's office, where the beloved Mathiesen was known for a vigorous work ethic, relentless energy, good humor and an eagerness to help people in need. A training room was named in Mathiesen's honor last summer at a ceremony in which top officials wore aloha shirts in a salute to the garb the fun-loving deputy favored.
Cynthia Mathiesen's attorney, Craig Dykman, a veteran worker's compensation lawyer, said after the pension board deliberated that his client qualified for a service-connected death benefit because peace officers are on duty around the clock regardless of whether they are on the job at work.
"Even though he was off duty and not in uniform, and even though he was out on work comp, when you are a deputy sheriff, you are a peace officer 24/7 in California," Dykman said. "It was a very emotional day. I made a very emotional pitch," the attorney said about Wednesday's closed-door session, adding the law indicates that if an off-duty officer is in "imminent danger ... he's acting as a peace officer in the state of California."
Patrick Richardson, a county lawyer who represented the retirement association at the session, but not the pension board, argued that the service-connected benefit was inappropriate. He noted Mathiesen was not on the clock, not in uniform and not following procedure. "I can't comment on the facts," Richardson said Friday, declining to discuss the case.
Mathiesen, who graduated from Petaluma High School in 1980 and spent 25 years working for Hermsmeyer Construction before joining law enforcement at the age of 40, was called "grandpa" by younger recruits.
He is survived by his wife and two children.
Contact Nels Johnson via email at [email protected]. Follow him at twitter.com/nelsjohnsonnews
Copyright 2012 - The Marin Independent Journal, Novato, Calif.
