Preparation for Probable Cause Hearing
San Diego Municipal Code § 26.0430
in effect§26.0430 Preparation for Probable Cause Hearing
(a) Concurrent with ordering that a Probable Cause Hearing be conducted, the Commission shall:
(1) Direct the Executive Director to schedule a Probable Cause Hearing on a date no later than ninety calendar days from the date the Commission ordered the hearing, however such date may be extended beyond ninety calendar days upon a showing of good cause by either Party and the approval by the Presiding Authority.
(2) Direct the Executive Director to prepare a Probable Cause Report and a Draft Administrative Complaint. The Probable Cause Report shall contain sufficient information to justify the issuance of a Draft Administrative Complaint.
(b) As soon as practicable, but no later than thirty calendar days after ordering that a Probable Cause Hearing be conducted, the Commission shall take the following action:
(1) Appoint a Petitioner to prepare and present the case against the Respondent to be heard at the Probable Cause Hearing. The Executive Director shall serve as the Petitioner unless the Commission, at its discretion, selects someone else from a list of pre-qualified individuals retained to serve as Petitioners.
(2) Appoint a Presiding Authority to conduct the Probable Cause Hearing. At the discretion of the Commission, the Presiding Authority shall be one of the following:
(A) One Commissioner; or
(B) An ad hoc subcommittee composed of three Commissioners; or
(C) An individual selected from a list of volunteers who have been pre-qualified to meet or exceed minimum qualification criteria for training and experience as established by the Commission.
(c) The Executive Director shall cause the Respondent to be served with the following materials at least sixty calendar days prior to the date of the Probable Cause Hearing:
(1) A copy of the Probable Cause Report; and
(2) A copy of the Draft Administrative Complaint; and
(3) Written notice of the date, time, and location of the Probable Cause Hearing. The notice shall be in substantially the following form:
“You are hereby notified that a hearing will be held before a Presiding Authority appointed by the City of San Diego Ethics Commission on the ____ day of _____, 20____, at the hour of _____, at (location), upon the allegations made in the Draft Administrative Complaint.
You have a right to attend the hearing, and may be represented by legal counsel or any other representative of your choosing. You may present any relevant evidence, including the testimony of witnesses, and will be given an opportunity to cross-examine all witnesses testifying against you. The hearing shall be closed to the public unless each person named as a Respondent in the Probable Cause Report requests in writing that the hearing be open to the public.”
(4) Written notice that the Respondent has the right to respond in writing to the Probable Cause Report; and
(5) Written notice that the Respondent has a right to attend the Probable Cause Hearing and be represented by legal counsel or any representative of his or her choosing.
(6) These materials may be served in accordance with the provisions set forth in Section 26.0443.
(d) The Respondent may submit a written response to the Probable Cause Report. The response may contain legal arguments, a summary of evidence, and any Exculpatory Information or Mitigating Information. Each response must be filed with the Executive Director and served on all other Respondents listed in the Probable Cause Report, at least twenty-one calendar days prior to the date of the Probable Cause Hearing.
(e) The Petitioner may collect evidence to refute statements made in the Respondent’s response, and may submit a written rebuttal to the Respondent’s response. The Respondent shall be served with a copy of such rebuttal at least ten calendar days prior to the date of the Probable Cause Hearing.
(f) The Petitioner and Respondent may seek a Subpoena or Subpoena duces tecum in connection with the Probable Cause Hearing pursuant to the provisions of Section 26.0445. Procedures for issuing, serving, objecting to, or enforcing a Subpoena or Subpoena duces tecum in connection with the Probable Cause Hearing shall be as set forth in Section 26.0445.
(g) At the Presiding Authority’s discretion, additional material may be submitted as part of the response or rebuttal.
(h) The time limitations of this section may be extended or shortened by the Presiding Authority for good cause shown.
(i) The Petitioner or Respondent may request that preliminary matters, not related to the merits of the hearing, be heard by the Presiding Authority prior to a Probable Cause Hearing in accordance with Section 26.0447.
(Amended 4-7-2003 by O-19165 N.S.)
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=20Fetched: 10/28/2026