Removal of Commission Members
San Diego Municipal Code § 26.1106
in effect§26.1106 Removal of Commission Members
(a) A member may resign prior to the expiration of their term with written notice to the Council President. Upon this notification, the Council President must consider the position vacant and eligible for the Council to appoint a new member to serve for the remainder of the vacating member’s term. If a member resigns from a designated seat, the Council must appoint a new member who meets the qualifications to serve in that designated seat.
(b) A member must immediately notify the Council President and cease any further participation on the Commission, pending a vote by the Council to formally remove and replace the member, if any of the following circumstances occur during the member’s term: (1) the member is incarcerated in any jail or prison and unable to serve or (2) the member is convicted during the member’s term of (i) malfeasance in office and their civil rights have not been restored; (ii) a felony; (iii) a felony or misdemeanor where they are required to register as a sex offender pursuant to California Penal Code section 290; (iv) criminal violation of state or local conflict of interest laws; or (v) a violent crime against a government employee or official. For purposes of this subsection, government employee or official means a person who is employed by the United States government, the State of California, or any city, county, city and county, special district, or political subdivision of the State of California. The Council’s consideration of the removal and replacement of the member must occur within 60 days following the Council President’s receipt of notice under this subsection. The member may waive a Council hearing on removal, but the Council must consider replacement of the member within the 60 days following the Council President’s notice of the conviction.
(c) The Commission, by a two-thirds vote of its members, may recommend to the Council, by written notice to the Council President, that a member be removed for good cause other than a criminal conviction, for the following reasons:
(1) misuse of their position for personal interests;
(2) misuse of records, including Police Department or Commission records;
(3) violation of federal or state laws relating to confidentiality or City employee privacy;
(4) conduct that impedes a member’s ability to serve impartially and independently;
(5) unexcused absences from at least three consecutive meetings of the full Commission. Prior notification to the Commission’s chairperson of a member’s absence from a meeting of the full Commission is considered an excused absence;
(6) failure to complete case review as assigned by the Executive Director;
(7) violation of the Code of Ethics of the National Association for Civilian Oversight of Law Enforcement (NACOLE) or the Commission’s adopted code of ethics; or
(8) any other cause that impacts the Commission’s effective operations, standing, or independence.
(d) Upon receipt of a written recommendation by the Commission to remove a member for good cause other than a criminal conviction, as specified in subsection (c) of this section, the Council President must schedule a public hearing of the Council to occur within 60 days following receipt of the recommendation.
(e) If a member voluntarily resigns before a required public hearing of the Council on removal, the member waives their right to the hearing on removal. The Council President may suspend a member’s participation on the Commission by written notice to the member, pending a Council hearing on removal.
(f) The Council President may notice a public hearing for Council determination on removal of a member for good cause other than a criminal conviction, as specified in subsection (c) of this section, regardless of whether a recommendation is made by the Commission.
(g) The Council must act, by majority vote, to remove a member if the member does not voluntarily resign.
(“Duties and Functions” added 7-20-2018 by O-20961 N.S.; effective 8-19-2018.)
(Retitled from “Duties and Functions” to “Removal of Commission Members” and amended 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=8Fetched: 10/28/2026