Clayton County Police Chief Greg Porter has returned to work even though he remains under investigation for alleged theft of federal grant money, his attorney confirmed Wednesday.

“It is our understanding that the chief has been reinstated and is back at work, ” Porter’s attorney, Manny Arora, said in a prepared statement.

The allegation of criminal misconduct stems from work Porter was doing before becoming police chief in 2010.

Porter was deputy police chief in 2009, but he also had a part-time job monitoring enrol lees in the court-ordered DUI program. He had to make sure the probationers were home by curfew. He also did random alcohol tests. The job passed to Porter’s brother, Robert, when he was named chief in September 2010.

Allegations that the Porters weren’t performing their duties began to surface about a year ago.The job was funded with federal grant money. Porter has said the DUI program was a financial and administrative mess and there may have been some overpayment and missed payments.

The allegations became public a year ago, but the previous county administration chose to leave Porter in his job while the GBI investigated. In July of this year, however, the current administration, led by commission chairman Jeff Turner, decided to suspend Porter without pay. Turner could not be reached for comment.