Definitions
San Diego Municipal Code § 26.1102
in effect§26.1102 Definitions
In the interpretation and implementation of City Charter section 41.2 and this Code, the following definitions apply to the terms set forth in italics:
Audit means to examine a matter in compliance with an established set of standards.
Commission means the Commission on Police Practices.
Complaint means any communication to the Commission, Police Department, or City that alleges misconduct by a police officer, including, but not limited to, complaints submitted under California Penal Code section 832.5.
Complainant means a person who files a complaint.
Evaluate means to determine the significance or condition of a matter.
Executive Director means the City employee appointed to serve as the director of the Office of the Commission on Police Practices, and having the duties set forth in City Charter section 41.2.
Finding means the determination of the Commission after it has reviewed, investigated, or audited a matter within its authority. Findings must be based on provable facts applying California evidentiary rules applicable to administrative proceedings, based on the preponderance of the evidence standard, which is defined as more likely than not. Findings must be in accordance with California law, including California Penal Code sections 832.5 through 832.8, or any successor California law, binding on the City as a public agency employer of police officers. The possible findings are as follows:
(a) Sustained means the police officer committed all or part of the alleged acts of misconduct;
(b) Not Sustained means the investigation produced insufficient information to clearly prove or disprove the allegations;
(c) Exonerated means the alleged act occurred, but was justified, legal, and proper, or was within policy;
(d) Unfounded means the alleged act did not occur.
Investigation means a gathering of actionable information, including from original sources, regarding a complaint against a police officer or an incident involving a police officer, which is conducted in compliance with applicable laws. Any investigation of a police officer must comply with the California Public Safety Officers Procedural Bill of Rights Act, as set forth in the California Government Code, and other applicable laws. When conducting an investigation, the Commission must gather and consider factual information from original sources, including documents or copies originating from material gathered and generated by the Police Department, witness interviews obtained by the Commission or its staff, and documents or copies gathered or prepared by the Commission or its staff.
Investigatory proceeding means any process, formally set forth in the Commission’s operating procedures and approved by the Council, to investigate, review, or audit a matter, including interviewing witnesses, receiving and reviewing documents, engaging a fact-finding panel, and conducting hearings.
Member means a person appointed to serve on the Commission.
Misconduct means conduct that causes risk or harm to the health and safety of the public, impairs the operation and efficiency of the Police Department, or brings the Police Department into disrepute. Misconduct may involve a violation of any law, including a federal or state statute or local ordinance, a regulation, including a City Administrative Regulation, or a Police Department policy or procedure. Misconduct may also involve a willful act of moral turpitude or an ethical violation. On-duty or off-duty conduct may constitute misconduct.
Original sources mean firsthand testimony or direct evidence concerning a matter under investigation, review, or audit.
Personnel records mean records maintained by the City, including records within the City’s Personnel Department, Risk Management Department, and Police Department, specific to each police officer’s employment, including, but not limited to, performance evaluations, assignments, status changes, imposed discipline, and personal information.
Police Department means the City’s Police Department, including police officers and other City employees.
Police officer means a peace officer, as defined by and with the authority set forth in the California Penal Code, who is employed by the Police Department.
Police misconduct means misconduct alleged in a complaint against a police officer. Police officer misconduct, as used in City Charter section 41.2, has the same meaning as police misconduct.
Receive means to gain knowledge of information from a written or verbal communication or to take physical possession of a document.
Register means to record in writing and maintain the record.
Review means to inspect, consider, and reexamine a matter and reach a conclusion regarding the matter. When reviewing a complaint, the Commission must consider information and documents or copies, originating from material gathered and generated by the Police Department, witness interviews by the Commission or its staff, and information and documents or copies, gathered or prepared by the Commission or its staff.
(“Community Review Board on Police Practices” added 7-20-2018 by O-20961 N.S.; effective 8-19-2018.)
(Retitled from “Community Review Board on Police Practices” to “Definitions” 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=2Fetched: 10/28/2026