Probable Cause Determination
San Diego Municipal Code § 26.0432
in effect§26.0432 Probable Cause Determination
(a) As soon as practicable following the Probable Cause Hearing and the receipt of any Probable Cause Recommendation, the Commission shall make a Probable Cause determination.
(1) The determination shall be made in closed session pursuant to California Government Code section 54956.9 by a concurring vote of at least four Commissioners.
(2) If an individual was selected from a pre-qualified list to serve as Presiding Authority pursuant to Section 26.0430(b)(2)(C), the Commission may request that such individual attend the closed session meeting to discuss any issue relevant to the Probable Cause Hearing.
(3) The Commission shall find that Probable Cause exists only if it determines that the evidence is sufficient to lead a person of ordinary caution and prudence to believe that a violation has been committed and that the Respondent may have committed or caused the violation.
(4) Any member of the Commission may be disqualified from participating in the Probable Cause determination in accordance with the provisions set forth in Section 26.0447(b).
(5) A determination by the Commission regarding the existence of Probable Cause shall be based on the entire record of the proceedings. Each Commissioner who participates in the determination shall state for the record that he or she personally heard or read the testimony (either in person or by listening to a recording or by reading a transcript prepared by a court reporter) and reviewed the evidence, or otherwise reviewed the entire record.
(6) The Commission may elect to remand the matter to the Presiding Authority for further proceedings.
(b) If the Commission determines that Probable Cause does not exist, the Commission shall take no further action on the complaint and the Executive Director shall notify each Complainant and Respondent in writing of the Commission’s decision within five business days of the decision.
(c) If the Commission determines that Probable Cause exists, the Commission shall announce in open session that it has determined there is Probable Cause to believe that the Respondent may have violated a Governmental Ethics Law and that the matter shall be heard at a public Administrative Hearing. The announcement shall contain a summary of the allegations and a cautionary statement that the Respondent is presumed to be innocent unless and until such time that the allegations are proven to be a violation at the Administrative Hearing.
(d) Public disclosure of records relating to the Probable Cause Hearing is subject to the provisions of Section 26.0455.
(“Probable Cause Determination” added 2-11-2002 by O-19034 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=24Fetched: 10/28/2026