Common use of Violation of Officer’s Rights Clause in Contracts

Violation of Officer’s Rights. 38 If the Department or any investigator violates any of the provisions of this Article or of 39 Section 143.312 of the Texas Local Government Code while conducting an investigation, the 40 violation may be considered by the Civil Service Commission or a Hearing Examiner in any 41 disciplinary appeal hearing if the violation substantially impaired the Officer’s ability to defend 42 against the allegations of misconduct. 43

Violation of Officer’s Rights. 38 If the Department or any investigator violates any of the provisions of this Article or of 39 Section 143.312 of the Texas Local Government Code while conducting an investigation, the 40 violation may be considered by the Civil Service Commission or a Hearing Examiner in any 41 disciplinary appeal hearing if the violation substantially impaired the Officer’s ability to defend 42 against the allegations of misconduct. 43.

Violation of Officer’s Rights. 38 If the Department or any investigator investigator, or any civilian granted access to the investigative process pursuant to this AGREEMENT violates any of the provisions of this Article or of 39 Section 143.312 of the Texas Local Government Code while conducting an investigation, the 40 violation may be considered by the Civil Service Commission or a Hearing Examiner in any 41 disciplinary appeal hearing if the violation substantially impaired the Officer’s ability to defend 42 against the allegations of misconduct. 43.

Violation of Officer’s Rights. 38 If the Department or any investigator violates any of the provisions of this Article or of 39 Section 143.312 of the Texas Local Government Code while conducting an investigation, the 40 Department shall reverse any punitive action which depends upon evidence resulting from a violation may be considered by the Civil Service Commission or of this agreement; including a Hearing Examiner reprimand, and in any 41 appeal, evidence resulting from a violation of this agreement shall be specifically excluded from introduction into evidence in any proceeding against the officer, including any disciplinary appeal hearing. The hearing if examiner or arbitrator may make such other evidentiary rulings as are just and fair, after consideration of the violation substantially impaired circumstances of the Officer’s ability to defend 42 against the allegations of misconduct. 43violation.