FORT LAUDERDALE (CBSMiami) – A Broward Sheriff’s deputy who was fired for his inaction on the day of the Marjory Stoneman Douglas High School shooting is getting his job back.

The union representing him said an arbitrator decided to reinstate Sergeant Brian Miller with full back pay.

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The MSD Safety Commission found Miller, the first supervisor on the scene, arrived at the school as the shooting was still going on but he took up a position on the road near the north end of campus and did not move for ten minutes.

The commission also found that he never moved even when officers and deputies were going into the building.

According to the union, the arbitrator ruled that the sheriff’s office violated Miller’s Constitutional due process rights and improperly terminated him.

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The General Counsel for the sheriff’s office stood by their termination of Miller.

“The arbitrator ruled on the case without conducting any evidentiary hearing whatsoever and without taking the testimony of a single witness. The decision was based upon a technicality that we believe was wrongly decided. The arbitrator ruled on a procedural issue that BSO allegedly took too long to conduct the investigation, which is the exact opposite finding of an arbitrator that addressed this same issue in an earlier case. The Broward Sheriff’s Office is exploring all legal options to address this erroneous decision.”

The Broward Sheriff’s Office released the following statement:

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“The arbitrator did not address the conduct of Sergeant Miller on the day children and adults were massacred at Marjory Stoneman Douglas High School while he stood by. Nowhere in the decision is he vindicated for his lack of action on that day.”