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Form a Business

Conduct of Hearing

San Diego Municipal Code § 22.1025
in effect
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§22.1025 Conduct of Hearing The proceedings shall be as informal as is compatible with the requirements of justice. The hearing officer need not be bound by the common law or statutory rules of evidence and procedure, but may make inquiry into the matter in the manner which is best calculated to make a just factual determination. The sole responsibility of the hearing officer shall be to determine whether or not the charges are supported by the evidence presented. If the hearing officer finds that it is not possible to resolve the factual issues presented, absent the resolution of a question of law, such legal issue shall be referred to the City Attorney for guidance. The appointing authority’s representative shall present evidence in support of the charges. The employee shall then present such evidence as he or she may wish to offer in defense. The testimony taken at the hearing shall be under oath and shall be recorded by a reporter. The hearing officer(s) shall have the power to subpoena and require the attendance of witnesses and the protection of pertinent documents. The hearing may be continued from time to time; however, the hearing should proceed as expeditiously as possible. Prima Facie Case: The appointing authority shall have established a prima facie case that the employee participated in a strike upon a showing that: (a) a strike or job action occurred. (b) the employee was absent, without department head authorization, during any part of the period of time the strike occurred. Such a showing shall shift the burden to the employee to offer evidence in defense. Report: At the conclusion of the hearing, the hearing officer(s) shall report his or her findings to the City Manager or other appointing authority. The hearing officer(s) shall determine if the charges against the employee are supported by the evidence and report those factual findings made in support of such determination. (“Conduct of Hearing” added 8–2–1982 by O–15789 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/Ch02Art02Division10.pdf#page=12Fetched: 10/28/2026

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22.1025 | Corpus