An MTO worker has been cleared to return to work after he was charged for an indecent act in Welland five years ago.

Jeffrey Richard, a transportation enforcement officer, was busted in 2008 after he was spotted naked and masturbating near an all girls school in Welland.  He was arrested and charged with four counts of performing an indecent act.

In 2010, he pleaded guilty to two counts, placed on probation for three years and given a conditional discharge, meaning if he stayed out of trouble, he'd have no criminal record.

The MTO fired Richard but he filed a grievance with the Ministry and last month, the grievance settlement board sided with Richard, ordering he be allowed to return to his former job at the Vineland weigh station.  In its decision, the board cites his willingness to work with a therapist and two psychological evalutions indicating he has a low to moderate chance of reoffending.

According to reports, the MTO is seeking a judicial review of the board's decision.