Duties and Authority of the Enforcement Office and Enforcement Officer
San Diego Municipal Code § 310.0108
in effect§310.0108 Duties and Authority of the Enforcement Office and Enforcement Officer
(a) The Enforcement Office has full authority to implement and enforce this Division, consistent with the authority, powers, and procedures of the Enforcement Office, set forth in Chapter 1, Article 2, of the San Diego Municipal Code, as may be amended, and other applicable City ordinances and regulations. This authority includes the power to investigate any possible violations of this Division by an employer, to demand payroll and business records from all employers issued a Traffic Control Permit, to access an employer’s workplace during workplace hours to examine and audit records, and to conduct employee and other worker interviews at a workplace or job site.
(b) Any person may file a written complaint with the Enforcement Office regarding a violation of this Division. The written complaint must describe the alleged violation, including a statement of relevant facts, dates, places, and persons or entities responsible for the alleged violation. Complaints alleging a violation of this Division must be filed with the Enforcement Office within two years of the occurrence of the alleged violation.
(c) To encourage reporting and cooperation with investigations, the Enforcement Office must maintain the confidentiality of any person reporting alleged violations and persons assisting in any investigation, including the name, address, and other identifying information of the person, to the extent permitted by law.
(d) The Enforcement Office must also protect proprietary business information, to the extent permitted by law.
(e) The Enforcement Office may disclose information as necessary to enforce this Division, as required by law, or for other lawful purposes.
(f) The Enforcement Officer may issue subpoenas in accordance with California law and the San Diego Municipal Code.
(g) The Enforcement Officer may conduct an informal settlement conference with the employer to provide an opportunity for the employer to remedy any alleged violations without further administrative enforcement action. The Enforcement Officer has discretion to impose civil penalties in accordance with San Diego Municipal Code section 12.0805, as may be amended, as a condition of settlement of an alleged violation.
(h) The Enforcement Office may promulgate policies, rules, and administrative regulations necessary to implement the purpose, intent, and provisions of this Division, including procedures for handling complaints by employees.
(i) The Enforcement Office must provide a summary report of its activities each year to the City Council by October 1, detailing the enforcement of this Division.
(j) The Enforcement Office may collaborate with, including entering into a contract or contracts with, workers’ rights advocates and community-based organizations to assist in outreach efforts and other governmental agencies to assist in enforcement. Any contract under this subsection is subject to the City’s procurement requirements as set forth in the San Diego Municipal Code.
(k) The City’s failure to investigate an alleged violation or otherwise enforce any of the provisions of this Division does not create any right of action by any person, including an aggrieved employee, to recover damages or other remedies from the City.
(l) Consistent with the provisions of this Division, the Enforcement Office may establish and enforce any additional administrative rules, regulations, and standards determined to be necessary to carry out the purpose and intent of this Division.
(“Enforcement” added 9-18-2023 by O-21723 N.S.; effective 10-18-2023.)
(Renumbered from former Section 310.0106 to Section 310.0108, retitled from “Enforcement” to “Duties and Authority of the Enforcement Office and Enforcement Officer” and amended 10-7-2024 by O-21876 N.S.; effective 11-6-2024. Former Section 310.0108 “No Effect on Higher Wages” renumbered to Section 310.0110.)
(Amended 7-20-2026 by O-22127 N.S.; effective 8-19-2026.)
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/MuniCodeChapter03/Ch03Art10Division01.pdf#page=6Fetched: 10/28/2026