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Date: |
September 1, 2026 and September 15, 2026 |
06 |
Title
Adopt an Ordinance to Amend Rules and Duties for the Citizens’ Law Enforcement Review Board and Approve Updated Rules and Regulations (September 1, 2026- First Reading; September 15, 2026- Second Reading Unless Ordinance is Modified on Second Reading) (Districts: All)
End
Overview
The San Diego County Board of Supervisors (Board) established the Citizens’ Law Enforcement Review Board (CLERB) in 1990 to advise the Board, the Sheriff, and the Chief Probation Officer in the handling of citizen complaints concerning the performance of peace officers and custodial officers employed by the Sheriff’s Office and Probation Department.
CLERB’s Rules and Regulations, Section 4.4.e, require that CLERB review the Rules and Regulations governing it every four years, with the last such review occurring in May 2021. During the May 2021 review, pursuant to CLERB Rules and Regulations, Section 3.7.i., CLERB created an Ad Hoc Rules Committee. This Board letter is a result of the work that the Ad Hoc Rules Committee undertook to review, simplify, and modernize CLERB’s Rules and Regulations.
As a result of the Ad Hoc Committee’s recommendations regarding changes to its Rules and Regulations, CLERB approved amendments thereof on August 6, 2026. These amendments now require the Board to approve three changes to the San Diego County Code of Administrative Ordinances Article XVIII, Citizens Law Enforcement Review Board, Sections 340.7 and 340.9.
Additionally, CLERB approved changes to its Rules and Regulations that concern minor variances from existing language. Pursuant to Admin Code Section 340.9(f), the Board must also approve such changes. These changes concern grammar; formatting; adopting gender-neutral terms; removal of duplicative statements; updating technological advances in filing complaints; and updating references to state law, including with regard to peace officer personnel records.
Today, the Board is being asked to approve the introduction of the amendments to sections 340.7 and 340.9 of the County Code of Administrative Ordinances and approve CLERB’s amended Rules and Regulations. If the Board takes action as recommended, then on September 15, 2026, staff recommends the Board adopt the ordinance (second reading). If the proposed ordinance is altered on September 15, 2026, then on that date a subsequent meeting date will be selected for the adoption of the ordinances.
Body
Recommendation by Chief Administrative Officer:
On September 1, 2026:
1. Approve the introduction of the Ordinance (first reading):
AN ORDINANCE AMENDING SECTIONS 340.7 AND 340.9 OF THE SAN DIEGO CODE OF ADMINISTRATIVE ORDINANCES PERTAINING TO THE ORGANIZATION AND DUTIES OF THE CITIZENS’ LAW ENFORCEMENT REVIEW BOARD
If, on September 1, 2026, the Board takes action within recommendation #1 above, then on September 15, 2026:
1. Consider and adopt the Ordinance (second reading):
AN ORDINANCE AMENDING SECTIONS 340.7 AND 340.9 OF THE SAN DIEGO CODE OF ADMINISTRATIVE ORDINANCES PERTAINING TO THE ORGANIZATION AND DUTIES OF THE CITIZENS’ LAW ENFORCEMENT REVIEW BOARD
2. Approve the sunset review date of December 31, 2033 for this ordinance
3. Pursuant to subparagraph (b) of section 340.7 of the San Diego Code of Administrative Ordinances, approve the August 6, 2026 amendments to the Citizens’ Law Enforcement Review Board’s Rules and Regulations.
End
Equity Impact Statement
The requested action supports the County of San Diego’s Strategic Initiatives of Community and Justice, by protecting San Diegans, especially those disproportionately at risk of law enforcement interaction, which increase transparency and accessibility in civilian law enforcement oversight and fostering better relationships between law enforcement and the communities they serve.
Sustainability Impact Statement
The proposed action supports the County of San Diego’s (County) Sustainability Goal #2 of providing just and equitable access to County services, by using data-driven and analytical analysis of civilian oversight to not only protect the health and well-being of our incarcerated community, but to protect the economic sustainability of the County.
Fiscal Impact
There is no fiscal impact associated with this request to amend the Citizens’ Law Enforcement
Review Board regulations. There will be no change in net General Fund costs and no additional staff years.
Business Impact Statement
N/A
Advisory Board Statement
N/A
Background
In 1990, voters in San Diego County enacted a ballot measure to amend the County of San Diego (County) Charter requiring the San Diego County Board of Supervisors (Board) to establish the “Citizens’ Law Enforcement Review Board” (CLERB) to independently investigate complaints against officers employed by the Sheriff’s Office and Probation Department. CLERB is composed of eleven volunteers from San Diego County’s five supervisorial districts: two from each district and one serving at-large. CLERB is supported by a full-time staff of thirteen (13) County employees, including an Executive Officer.
Article XVIII, Citizens Law Enforcement Review Board, Section 340 of the San Diego County Code of Administrative Ordinances (Administrative Code) governing CLERB contains a purpose statement which states that CLERB is established “to receive and investigate specified citizen complaints and investigate deaths arising out of or in connection with activities of any peace officer, custodial officer employee or contractor working under the direction of the Sheriff or Probation, including contracted health care providers.” In addition, CLERB is responsible for making “appropriate recommendations relating to matters within its jurisdiction,” “report[ing] its activities,” and “provid[ing] data in respect to the disposition of citizen complaints received by the Citizens Law Enforcement Review Board.” Id. CLERB lacks authority to set policy or impose discipline against officers or County employees in the Sheriff’s Office and Probation Department.
In 2026, CLERB initiated a Rules and Regulations Ad Hoc Committee which included Board Members (including the Chair), Executive Officer, and CLERB’s counsel. The Ad Hoc Committee was tasked with reviewing the existing Rules and Regulations, as well as Administrative Code Sections 340.7 and 340.9, codifying CLERB’s mission and responsibilities.
As a result of the Ad Hoc Committee’s recommendations regarding changes to CLERB’s Rules and Regulations, and CLERB’s approval of the recommended changes on August 6, 2026, CLERB now requires the Board to approve changes to Sections 340.7 and 340.9 of the Administrative Code, as follows:
1. 340.7.c: Amend voting rules to allow for a motion or proposal to be passed by a quorum of Board Members in attendance;
2. 340.9.f: Change “Establish necessary rules and regulations …” to “Establish, review and modify these rules and regulations for the conduct of its business, subject to approval of the Board of Supervisors.”
3. 340.9.h: Add “In the absence of authority or jurisdiction of another agency, CLERB may” annually inspect County adult detention facilities.
1. 340.7 Voting
The existing rule stated: “A majority of members currently appointed to the Review Board shall be required to carry any motion or proposal” and amended to “number of votes required to take action on a motion is a majority of the quorum.”
First, the amended voting rule conforms to Robert’s Rules of Order, Fully Updated 3rd Edition, Chapter 8.A. Second, CLERB has always been required by the Peace Officer Bill of Rights to notice intent of discipline within one year of discovery of misconduct. In meetings in which a bare quorum is present (six members), it would require a unanimous vote on every motion. At times this would require CLERB to defer the investigation for another month. The amended voting measure would allow CLERB to conduct its business without unanimous approval and in conformance with accepted parliamentary procedures.
2. 340.9.f: Change “Establish necessary rules and regulations …” to “Review and modify these rules and regulations for the conduct of its business, subject to approval of the Board of Supervisors.”
This proposed change is intended to modernize the wording as the Rules and Regulations have been established for over thirty years and to remind CLERB to regularly review and modify these rules.
3. 340.9.h: Amending inspection of adult facilities.
Pursuant to the Ordinance, one of CLERB’s “duties and responsibilities” is to “[a]nnually inspect County adult detention facilities and annually file a report of such visitations together with pertinent recommendations with the Board of Supervisors. During the year, CLERB visits and receives a guided tour of adult detention facilities on a regular basis. This includes CLERB staff, including the Executive Officer along with Board Members who are regularly invited to participate in the tours. For example, over the last year, CLERB has been provided with tours various detention facilities including the Vista Detention Facility, San Diego Central Jail, South Bay Detention Facility, and George Bailey Detention Facility. CLERB already documents those visitations in the annual report that is public and presented to the Board.
However, there are significant limitations on CLERB’s ability to conduct “inspections” of facilities rather than visitations. First, there is no definition of what constitutes an inspection or guidance regarding the scope and parameters of such an inspection, including whether inspections are to be conducted by CLERB staff or Board members. Second, CLERB does not have the authority to mandate a full inspection of a facility with unfettered access.
There are multiple state and local agencies with expertise, institutional knowledge, and resources to conduct unfettered detention inspections. The Board of State and Community Corrections is mandated to conduct comprehensive inspections of local adult and juvenile detention facilities. Locally, the San Diego County Grand Jury may also inspect and report on local detention facilities. While the Grand Jury’s recommendations are not mandatory, CLERB may be mandated to testify to the Grand Jury.
CLERB will continue to annually report on detention visits. However, because other agencies already hold primary oversight responsibilities, CLERB cannot expand its role without Board direction and additional resources. As such, it is recommended that the following language be added to the Ordinance: “In the absence of authority or jurisdiction of another agency, CLERB may” annually inspect County adult detention facilities.
Additionally, CLERB made changes to its Rules and Regulations that do not require amendment of the Administrative Code, however, these minor changes require Board approval under Section 340.9(f). These minor changes are for grammar; formatting; adopting gender-neutral terms; removal of duplicative statements; updating technological advances in filing complaints; and updating references to state law, including peace officer personnel records.
Today’s item requests that the Board approve the introduction of the amendments to sections 340.7 and 340.9 of the County Code of Administrative Ordinances and approve CLERB’s amended Rules and Regulations. If the Board takes action as recommended, then on September 1, 2026, staff recommends that the Board adopt the ordinance (second reading). If the proposed ordinance is altered on September, 15 2026, then on that date a subsequent meeting date will be selected for the adoption of the ordinance.
Linkage To The County Of San Diego Strategic Plan
Today’s proposed action aligns with the Equity and Empower Strategic Initiatives in the County of San Diego’s 2026-2031 Strategic Plan.
Respectfully submitted,
Ebony N. Shelton
Chief Administrative Officer
Attachment(s)
Attachment A- CLERB Ordinance (Clean Copy)
Attachment B: CLERB Ordinance (Informational Copy)
Attachment C: Summary of Ordinance
Attachment D: CLERB Rules and Regulations (Clean Copy)
Attachment E: CLERB Rules and Regulations (Informational Copy)