Definitions
San Diego Municipal Code § 26.0402
in effect§26.0402 Definitions
Each word or phrase that is defined in this Division appears in the text of this Division in italicized letters. For purposes of this Division, the following definitions shall apply:
Administrative Enforcement Order means a final decision of the Commission containing a finding of a violation of Governmental Ethics Laws.
Administrative Hearing means an administrative hearing, open to the public, following the Commission’s determination that Probable Cause exists to believe that a violation of Governmental Ethics Laws has occurred.
Business day means any day except a Saturday, Sunday, or holiday listed in San Diego Municipal Code section 21.0104, unless otherwise specified.
City means the City of San Diego or any of its organizational subdivisions, agencies, offices, commissions, or boards. City includes corporations wholly owned by the City, such as the San Diego Data Processing Corporation, San Diego Convention Center Corporation, Centre City Development Corporation, Southeast Development Corporation, and any other corporations for which the City is the sole shareholder. City also includes the San Diego Housing Commission. City does not include any joint powers authority in which the City is a member, unless the agreement creating the particular authority requires the joint powers authority to comply with the City’s Governmental Ethics Laws.
Commission means the City of San Diego Ethics Commission created by City of San Diego Ordinance O-18945, codified in Chapter 2, Article 6, Division 4 of the San Diego Municipal Code.
Complainant means a person or entity that makes a complaint alleging violations of Governmental Ethics Laws.
Draft Administrative Complaint means a document prepared by the Executive Director that identifies the Governmental Ethics Laws allegedly violated by the Respondent, the acts or omissions with which the Respondent is charged, and the penalties the Commission is seeking to impose for each violation listed.
Elective governmental office means any city, county, state, or federal elective office. It includes an office held by an individual appointed to fill a vacancy in an elective office. It does not include an elective position on a city neighborhood planning group, planning area committee, town council, business improvement district, or similar group.
Exculpatory Information means information tending to show that the Respondent has not committed the alleged violations.
Executive Director means the Executive Director of the Commission who has been selected by the Commission and confirmed by a majority of the City Council in accordance with Section 26.0411, or the Executive Director’s designee.
Filing Officer means the Clerk of the City of San Diego charged with the duties and responsibilities prescribed in title 2, sections 18110 and 18115 of the California Code of Regulations.
Final Administrative Complaint means a document prepared by the Executive Director that identifies the Governmental Ethics Laws allegedly violated by the Respondent, the acts or omissions with which the Respondent is charged, the penalties the Commission is seeking to impose for each violation listed, and which is consistent with any findings made by the Commission following the Probable Cause Hearing.
Governmental Ethics Laws mean local laws governing campaign contribution limits, campaign contribution disclosure, campaign expenditure disclosure, statements of economic interests, receipt and disclosure of gifts, conflicts of interest, lobbying registration and disclosure, and other matters proposed by the Commission and adopted by a majority of the City Council.
Mitigating Information means information tending to excuse or reduce the significance of the Respondent’s conduct.
Parties means the Commission, through actions of the Petitioner, and the Respondent.
Person means any individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, association, committee, labor union, or any other organization or group of persons acting in concert.
Petitioner means the Executive Director, or any other individual appointed by the Commission, who prepares and presents the case against the Respondent at the Probable Cause Hearing or at the Administrative Hearing.
Preliminary Review means an examination of the facts contained within a complaint for the sole purpose of determining whether the subject of the complaint is appropriate for consideration by the Commission.
Presiding Authority means either one Commissioner, the full Commission, an ad hoc subcommittee of three Commissioners, someone selected by the Commission from a list of pre-qualified individuals, or an administrative law judge, to conduct the Probable Cause Hearing or the Administrative Hearing.
Presiding Authority’s Recommendation means a written report prepared by the individual, administrative law judge, or ad hoc subcommittee conducting the Administrative Hearing that contains findings of fact, a summary of the evidence supporting each finding, a preliminary determination of whether or not the Respondent violated Governmental Ethics Laws, findings to support the preliminary determination, and a recommended penalty for each violation.
Probable Cause means evidence sufficient to lead a person of ordinary caution and prudence to believe or entertain a strong suspicion that a violation of Governmental Ethics Laws has been committed and that the Respondent committed or caused the violation.
Probable Cause Hearing means an administrative hearing, closed to the public unless otherwise requested by the Respondent, for the purpose of ascertaining whether Probable Cause exists.
Probable Cause Recommendation means a written report prepared by the individual or ad hoc subcommittee conducting the Probable Cause Hearing that contains a recommendation to the Commission regarding whether or not Probable Cause exists. Probable Cause Report means a document prepared by the Executive Director following a formal investigation, and containing a summary of law and evidence gathered through the investigation, including any relevant Exculpatory Information and Mitigating Information.
Respondent means a person or entity that is alleged in a complaint to have violated Governmental Ethics Laws.
Subpoena means a written order requiring a witness’s appearance at a Probable Cause Hearing or Administrative Hearing to give testimony.
Subpoena duces tecum means a written order requiring the production of books, papers, records, or other items material to the violation of Governmental Ethics Laws at issue.
(Amended 4-7-2003 by O-19165 N.S.)
(Amended 12-6-2006 by O-19555 N.S.; effective 1-5-2007.)
(Amended 11-13-2008 by O-19797 N.S; effective 12-13-2008.)
(Amended 5-11-2011 by O-20049 N.S.; effective 6-10-2011.)
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/Ch02Art06Division04.pdf#page=1Fetched: 10/28/2026