Determination Following Investigation
San Diego Municipal Code § 26.0425
in effect§ 26.0425 Determination Following Investigation
(a) At the conclusion of the formal investigation, the Executive Director shall present to the Commission all relevant evidence obtained during the course of the investigation. The presentation shall be made in closed session pursuant to Section 54956.9 of the California Government Code.
(b) Based on a review of the evidence presented by the Executive Director, the Commission shall, by a concurring vote of at least four members, determine whether there is cause to believe that the Respondent violated Governmental Ethics Laws; and, if so, whether to pursue administrative remedies against the Respondent.
(1) If the Commission determines there is no cause to believe that the Respondent violated Governmental Ethics Laws, then the Commission shall take no further action in the matter, except that the Commission may refer the matter to another agency for appropriate action.
(2) If the Commission determines there is cause to believe that the Respondent violated Governmental Ethics Laws, but decides not to pursue administrative remedies against the Respondent, the Commission shall take no further action in the matter, except that the Commission may refer the matter to another agency for appropriate action.
(3) If the Commission determines there is cause to believe that the Respondent violated Governmental Ethics Laws and also decides to pursue administrative remedies against the Respondent, the Commission shall order that a Probable Cause Hearing be conducted.
(c) Notwithstanding the provisions of Section 26.0425(b), the Commission shall not order that a Probable Cause Hearing be conducted and shall not refer the matter to another agency if it is presented with clear and convincing evidence that, prior to the alleged violation:
(1) The Respondent had requested and obtained a formal written opinion from the Commission or its staff; and
(2) The Respondent, in requesting the opinion, disclosed truthfully all the material facts pertinent to the case; and
(3) The Commission or its staff issued a formal, written opinion; and
(4) The Respondent committed the acts or violations alleged in the complaint in good faith reliance upon the formal, written opinion of the Commission or its staff.
(d) If the Commission determines that it will take no further action on the complaint, it shall instruct the Executive Director to issue, within five business days of the Commission’s determination, a letter to the Complainant and Respondent indicating the basis for its determination. A letter from the Executive Director indicating that no administrative remedies will be pursued by the Commission is not a conclusive finding and is not intended to be used as evidence in any enforcement action initiated by another government agency.
(e) Public disclosure of Commission investigatory records is subject to the provisions of Section 26.0455.
(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=19Fetched: 10/28/2026