Records
San Diego Municipal Code § 26.1109
in effect§26.1109 Records
(a) The Police Department must make available to the Commission its records, within ten calendar days after a written request from the Commission, relating to any matter under investigation, review, or evaluation by the Commission. The Police Department must provide to the Commission all complaints received by the Police Department within five calendar days of receipt regardless of whether there is a written request from the Commission for the complaints. The Commission and the Police Department may develop an operating procedure for the disclosure of Police Department records to the Commission. However, any disclosure of personnel records to the Commission by any City department must be in accordance with all applicable federal and state laws and regulations, including all laws and regulations pertaining to confidential medical information and personnel records. The Commission is required to maintain the confidentiality of all Police Department records and City personnel records, in accordance with applicable laws, and to respond to requests by members of the public for records in the possession of the Commission in a manner consistent with the California Public Records Act and applicable constitutional, statutory, and case law that protects personnel records.
(b) In accordance with City Charter section 57, the Chief of Police retains authority over the records of the Police Department. The Chief of Police must provide records to the Commission in whole and with all information unredacted unless, in the opinion of the Chief of Police, to do so will hinder a criminal investigation or will infringe upon the exercise of the Chief of Police’s right to deliberative process and confidential communications with other law enforcement agencies, the Mayor, or with the subordinate employees of the Police Department regarding matters within the authority of the Chief of Police. Within ten calendar days after a written request from the Commission, the Chief of Police must provide the Commission with Police Department records as specified in this section or a written explanation, setting forth the specific records or reasonably segregable portions of the records being withheld, the reason for the withholding or redactions, and the legal justification supporting the withholding or redactions. If the Commission disagrees with the Chief of Police’s decision to withhold records or redact information, the Commission may seek disclosure through its subpoena power, as defined by the Charter and this Code.
(c) The Commission must retain complaints and any reports or findings relating to complaints for at least five years or any longer period required by state law. These Commission records are considered personnel records and must be managed in accordance with the California Public Records Act, the California Penal Code, the California Public Safety Officers Procedural Bill of Rights Act, California Evidence Code section 1043, and other applicable laws and collective bargaining agreements. The Commission is responsible for compliance with discovery requests for Commission records in a manner consistent with controlling law.
(“Records” added 10-20-2022 by O-21557 N.S.; effective 11-19-2022.)
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/Ch02Art06Division11.pdf#page=15Fetched: 10/28/2026