Angela Oswalt, the Police Bureau desk clerk who has been on paid administrative leave since April 2007 following her role in the Foxworth scandal, may keep her job, after all, following an employment relations judge’s ruling on Friday.

Administrative Law Judge Larry Witherell says the the city is trying to fire Oswalt because of her refusal to answer questions about her union activities during an internal affairs investigation into Foxworth’s behavior. “We conclude that Oswalt was engaged in protected activity and that the City engaged in adverse action against her because of her protected activity,” wrote Witherell—”protected activity” meaning union activity.

Witherell’s proposed order, which the city can still appeal, orders the city to rescind its action against Oswalt, based on her union work. Oswalt is unavailable for interviews, but the union has been asking media to use a new photograph of her, when writing about the story. The Mercury wonders why:

OSWALT: Before and after 12 months paid leave…