Complaint Resolution Process

San Diego Municipal Code § 26.0908

in effect

§26.0908 Complaint Resolution Process (a) Upon any individual or entity filing a complaint with the Commission that an unfair or unlawful practice of discrimination, as defined in Section 26.0904, has occurred, the Executive Director, or his or her designee, following consultation with the Commission Chair, shall undertake an investigation of the complaint. If, upon such investigation, it is found that the individual or entity charged in the complaint has not or is not engaged in any unfair or unlawful practice, such finding shall be set forth in writing and shall be filed with the Commission and the complaint shall be dismissed. It shall be the responsibility of the Executive Director or Commission Chair to notify, in writing, all parties to the complaint of such dismissal. If, upon such investigation, it is found that reasonable cause exists for the allegations made in the complaint, the Chair of the Commission, pursuant to regulations duly adopted by the Commission, shall designate at least two individuals, that may be one or more of the Commissioners, including the Chair, or other qualified individual trained in conciliation or mediation, to endeavor to eliminate the alleged unfair or unlawful practice charged in the complaint by means of conciliation or mediation. In furtherance of such conciliation or mediation, the Commission may make specific recommendations to the parties, but such recommendations shall not constitute a decision, finding of fact, judgment, or order of the Commission, nor shall they be binding upon or admissible in any subsequent proceeding in any court unless allowed by law. (b) In cases where a settlement is reached, all evidence and information given to or obtained by the Commission in any proceedings under the provisions of subsection (a) will be kept in confidence, to the extent allowed by law. (c) A party to this process retains all legal or constitutional privileges and defenses, to the extent allowed by law. (d) If the party committing an alleged unfair or unlawful practice complies with the recommendations of the Commission, the matter shall be deemed settled and terminated, and no other proceedings shall be had or taken by the Commission with regard to that specific complaint. (e) If the Commission is unable to resolve an alleged unfair or unlawful practice, it may refer the aggrieved person or matter in dispute to the City Attorney or other appropriate prosecutorial or regulatory entity for appropriate legal action. The Commission shall, at the time of referring said matter, transmit to the City Attorney or other appropriate prosecutorial or regulatory entity a copy of its investigation, evidence, findings, and recommendations in the case. The City Attorney or other appropriate prosecutorial or regulatory entity, in its discretion, may prosecute or proceed to secure from an appropriate court an order enjoining the defendant(s) from continuing or repeating such practice. If the Commission, prior to commencement of the court proceedings, as a result of its effort finds that the alleged violator no longer engages in the alleged unlawful practice described in the findings and complies with the recommendations of the Commission, the Commission may recommend to the City Attorney or other appropriate prosecutorial or regulatory entity that no such court proceedings be instituted. (“Complaint Resolution Process” added 3–18–1991 by O–17614 N.S.) (Amended 3-27-2013 by O-20244 N.S.; effective 4-26-2013.)

Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter02/Ch02Art06Division09.pdf#page=8Fetched: 10/28/2026