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GREENSBORO - Former Deputy Police Chief Randall Brady should get his full retirement benefits, a federal judge ruled Wednesday.

Brady retired in December 2005 during an investigation into misconduct in the Greensboro Police Department. The city withheld part of his retirement benefits - the remainder is controlled by the state - on the basis that Brady was subject to the misconduct investigation and might have been fired had he not resigned.

But the city's policies do not allow for withholding benefits from officers who could have been fired for misconduct, U.S. District Court Judge N. Carlton Tilley Jr. ruled Wednesday.

Brady met the three basic requirements for the early retirement package for police - 30 years of service in the local government retirement system; younger than 62; and five years as an officer before retirement - Tilley ruled.

"Significantly, Mr. Brady was not terminated from the Greensboro Police Department," Tilley wrote. "Rather, he submitted his application for retirement to the city effective Dec. 1, 2005. Therefore, the city essentially claims not only officers who have been terminated as a result of misconduct are not eligible for the allowance, but that officers who could have been terminated for misconduct are not eligible for the allowance."

Tilley disagreed with that logic and wrote that if the city wanted such a policy in place, then it needed to be done as a resolution. Since no resolution to that effect was in place when Brady retired, the city could not use that as the basis to withhold the retirement package.

Seth Cohen, who represented Brady in the case, said his client was happy .

"Randall is obviously thankful with the resolution," Cohen said Wednesday night. "He's looking forward to getting his retirement from the city, which he deserves. He served the city many years."

Brady retired a few months before his 25th anniversary of joining the department in which he rose to the rank of deputy chief.

Brady's resignation came amidst an internal city investigation into misconduct under David Wray's tenure as chief.

The city could appeal Tilley's ruling .

But unless that court grants a stay, the city must begin paying the retirement benefits.

Efforts to reach the city's attorneys Wednesday night were not successful.

Contact Jonathan Jones at 373-7077, or jjones@news-record.com