Huckel, who was laid off along with three of her colleagues in July 2003, has filed a court injunction that seeks to have her reinstated.

The injunction was filed at Middlesex Superior Court at the end of October.

In her brief, Huckel's attorney, Susan V. Wallace of Middletown, charges the Old Saybrook Police Commission with violating its seniority rule and with keeping Officer Ryan Walsh on the staff under false pretenses. Walsh, who was hired under a federal COPS in Schools grant in 2002, remained with the department the following year even while four officers senior to him were dismissed.

Wallace demands either that Huckel replace Walsh in his current job or that she be awarded another position which Officer Mike Gardner is reported to be vacating. In addition, the statement asks that Huckel be reimbursed for back pay, benefits and attorney's fees.

"From my perspective as a business person, what would make the most sense is to replace the position that Gardner left," said Huckel. "My hope is that we'll have a hearing before they can give his position to someone else."

About the possibility of her removing Walsh, Huckel noted, "I have no intention of hurting anyone's feelings and I don't want to see that happen, but at the same time, that's what happened to me."

Whether either Gardner's or Walsh's positions will be open in the near future is uncertain. Although Huckel's injunction makes frequent reference to Gardner's resignation, Commission Chairman Tim Conklin said the veteran officer was officially "on vacation" and had not filed formal resignation papers. First Selectman Mike Pace and others have stated that they would prefer to keep Gardner's position empty to make up for recent legal costs.

Walsh, the most junior officer on the department, was hired in January 2002 through a COPS grant, awarded in September 2001, which provided $125,000 for a replacement patrolman after Officer Michael Spera began work as a school resource officer. According to the town, Walsh's federal funding prevented his being discharged.

The memorandum that Police Chief Edmund Mosca gave to the four dismissed officers on June 17, 2003, reads in part, "The individuals chosen for the layoff have been the least senior employees in the Department, with one exception of an officer hired under the terms of a federal grant."

Huckel's injunction disputes that Walsh had any such protection.

"If they can make him another position and also give my client a position, that's fine," Wallace said, "but if his position is the only available one, he should be bumped in favor of her."

Attorney Miguel Escalera of Hartford, who represented the Police Department in this year's labor board hearings, said Walsh was retained on the force legitimately and that the commission had no obligation to replace him.

"I think Officer Huckel's complaint both misstates the facts and doesn't show understanding of how the grant works," Escalera said. "There is a general provision that says when all other considerations are equal, seniority will prevail. In this case, all considerations were not equal."

Escalera cited the fact that Huckel was hired by the department before the COPS grant, which made her higher than entry level at the time of Walsh's hiring, and thus, ineligible for the newly funded position. In addition, he noted that there is no precedent for an officer being forced to abdicate for another.

"There is no recall right under the collective bargaining agreement," Escalera said. "She would have no right, after being laid off, to come back and bump someone from the force."