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DATE: |
November 18, 2025 |
20 |
SUBJECT
Title
ADOPT AN ORDINANCE ADDING ARTICLE LXV OF THE SAN DIEGO COUNTY CODE OF ADMINISTRATIVE ORDINANCES RELATING TO LAW ENFORCEMENT ACCESS TO COUNTY FACILITIES (November 18, 2025- First Reading; December 9, 2025 - Second Reading unless ordinance is modified on second reading) (DISTRICTS: ALL)
Body
OVERVIEW
On October 21, 2025 (17), the San Diego County Board of Supervisors (Board) directed the Chief Administrative Officer (CAO) to draft a Civil Liberties Enforcement and Accountability Rules (CLEAR) Ordinance based upon the Due Process and Safety Ordinance adopted by the City of San Diego City Council on October 21, 2025.
Based on direction from the Board, staff have prepared a draft ordinance that restricts access to non-public areas of County facilities by law enforcement without a judicial warrant or court order. It also directs the posting of clear, multilingual signage in County buildings to inform residents of their rights. Finally, it extends certain requirements to County contractors, grantees, and leaseholders, ensuring consistent and enforceable civil rights safeguards across County partnerships and funded programs.
Today’s recommendation requests that the Board consider the introduction of an ordinance based upon the Due Process and Safety Ordinance adopted by the City of San Diego City Council. If the Board acts as recommended, then on December 9, 2025, the Board is requested to adopt the ordinance (second reading) and take related actions. If the proposed ordinance is altered on December 9, 2025, then on that date, a subsequent meeting date will be selected for the ordinance’s adoption.
RECOMMENDATION(S)
CHIEF ADMINISTRATIVE OFFICER
On November 18, 2025:
1. Consider the recommendation to approve the introduction of the Ordinance (first reading):
AN ORDINANCE ADDING ARTICLE LXV OF THE SAN DIEGO COUNTY CODE OF ADMINISTRATIVE ORDINANCES RELATING TO LAW ENFORCEMENT ACCESS TO COUNTY FACILITIES
If, on November 18, 2025, the Board takes action within recommendation #1 above, then on December 9, 2025:
1. Consider and adopt the Ordinance:
AN ORDINANCE ADDING ARTICLE LXV OF THE SAN DIEGO COUNTY CODE OF ADMINISTRATIVE ORDINANCES RELATING TO LAW ENFORCEMENT ACCESS TO COUNTY FACILITIES
EQUITY IMPACT STATEMENT
The proposed action aims to promote fairness and equal treatment in the justice system by preventing discriminatory practices that disproportionately impact immigrant communities. This approach supports the County's commitment to social justice and inclusion, fostering trust and cooperation between immigrant communities and the County of San Diego, which is essential for effective in keeping all of our communities safe.
SUSTAINABILITY IMPACT STATEMENT
The proposed action supports the County of San Diego’s Sustainability Goal #2 of providing just and equitable access to County services to promote equity, transparency, and community trust. Multilingual signage and clear communication of rights enhance accessibility and civic engagement. Overall, the ordinance supports transparency into County operations and community partnerships.
FISCAL IMPACT
Funds for today’s actions are included in the Fiscal Year 2025-26 Operational Plan based on existing staff time in the Department of Purchasing & Contracting and the County Communications Office based on Charges for Services to client departments and General Purpose Revenue, respectively. There will be no change in net General Fund cost and no additional staff years.
BUSINESS IMPACT STATEMENT
N/A
Details
ADVISORY BOARD STATEMENT
N/A
BACKGROUND
On October 21, 2025 (17), the Board of Supervisors (Board) took action and directed the drafting of the Civil Liberties Enforcement and Accountability Rules (CLEAR) Ordinance based upon the Due Process and Safety Ordinance adopted by the City of San Diego City Council on October 21, 2025.
The action directed that the ordinance provide guardrails to prohibit federal agents from entering non-public areas of County facilities without a judicial warrant or court order. It also directs the posting of clear, multilingual signage in County buildings to inform residents of their rights. Finally, it extends these same requirements to County contractors, grantees, and leaseholders, ensuring consistent and enforceable civil rights safeguards across County partnerships and funded program.
The proposed ordinance would restrict access to non-public areas of County facilities by federal and out of state law enforcement, or private parties acting under color of law, for purposes of law enforcement activities based on a protected characteristic or activity, unless required by law or court order. It would also require the Chief Administrative Officer to report such access to the Board within three business days.
At County facilities providing services to the public, the ordinance would require signage regarding law enforcement access to non-public areas. Agreements to operate those County facilities must include language requiring display of signage. The ordinance also requires County agreements to include compliance with State laws relating to cooperation with law enforcement, and confidentiality of information relating to protected characteristics or activities unless sharing is required by law or required to perform the agreement. For agreements to provide services to County residents or handle personal information, notice must be given to the County within five days of certain requests from law enforcement. The ordinance would not apply to services required to be provided by a federal agency at a County facility, such as Customs and baggage inspection at County airports.
LINKAGE TO THE COUNTY OF SAN DIEGO STRATEGIC PLAN
The recommended actions align with the Strategic Initiatives of Community, Equity and Justice in the County of San Diego’s 2025-2030 Strategic Plan with its focus on opportunities for health, safety, and quality of life by improving and ensuring transparency and safety.
Respectfully submitted,
ebony n. shelton
Chief Administrative Officer
ATTACHMENT(S)
Attachment A: AN ORDINANCE ADDING ARTICLE LXV OF THE SAN DIEGO COUNTY CODE OF ADMINISTRATIVE ORDINANCES RELATING TO LAW ENFORCEMENT ACCESS TO COUNTY FACILITIES (Clean Copy)
Attachment B: AN ORDINANCE ADDING ARTICLE LXV OF THE SAN DIEGO COUNTY CODE OF ADMINISTRATIVE ORDINANCES RELATING TO LAW ENFORCEMENT ACCESS TO COUNTY FACILITIES (Informational Copy)
Attachment C: SUMMARY OF PROPOSED ORDINANCE