One of the seven Mesa police personnel implicated in a sex-on-duty scandal has been cleared of all charges and will return to work today.

Officer Steven York, 29, learned of the news Thursday in a meeting with Mesa’s Assistant Police Chief Mike Whalen, said his lawyer, David Michael Cantor.

“They told him that the charges against him were unsubstantiated,” Cantor said.

York’s victory leaves three officers facing possible reprimands in the sex scandal, the second to rock the department in a decade. Three other police employees ensnarled by the investigation have resigned.

Cantor said from the start that his married client had a tryst in February with a female police officer but he maintained that the affair occurred during off-duty hours — neither a violation of department policy nor a crime. York has since ended the affair and reconciled with his wife, Cantor said.

A six-year veteran, York had been accused of conduct unbecoming an officer for having sex on duty, and lying to internal affairs investigators when he denied it, the attorney said.

Sgt. Earle Lloyd, a Mesa police spokesman, confirmed that York had been cleared on the sex allegations.

That leaves Officers Mark Rosales-Larkin, Kristopher Grover and Michelle Pohlo awaiting action by Police Chief Jan Strauss.

The three remain suspended with pay until the disciplinary process is completed. They are accused of conduct unbecoming an officer and dereliction of duty, with punishments that may include dismissal.

Officer Cory Hendon was the first of what Cantor calls “the Mesa Seven” to step down. This week, police confirmed that crime technician Kerry Lee Giffin and police recruit David Irvin have also submitted their resignations.

It was a “no-brainer” that Irvin would resign because he was on probationary status as a recruit, Lloyd said.

“Obviously, they thought the case against them was stronger than the case against York,” the spokesman said of Irvin and Giffin.

York’s exoneration does not mean the others will also escape punishment, Lloyd said. He declined to release any reports on York’s case, saying “there’s parts where one is connected to the others.”

An internal investigation has been reviewed by a three-member Disciplinary Review Board, which made disciplinary recommendations to commanders that oversee the various officers, Lloyd said.

York was cleared after authorities determined his accuser had confused the dates of their sexual liaisons several months ago, Cantor said.

“It was back in February. She was confusing two different instances,” Cantor said. “She was melding it together.”

The most serious discipline York now faces is a reprimand for checking out a police car and driving it to lunch, he said. No additional charges have been filed against York as of Thursday, Lloyd said.

During his short career, York has won two Lifesaving awards, including one for rescuing a fellow officer who was choking on his dinner. But York was also placed on disciplinary probation for failing to write police reports.

After the commanders decide whether they concur with the board’s recommendations, the officers will have five days to submit a rebuttal. The matter then goes to Strauss, who will schedule hearings and mete out discipline.

Rosales-Larkin, a Mesa officer for 14 years, has declined to comment. Edmundo Robaina, his attorney, has said Rosales-Larkin’s case differs from the others in that he did not have sex with a fellow officer.

A former detective, Rosales-Larkin was demoted from sergeant to officer for sexual harassment. He is now a patrol officer.

Rosales-Larkin is the only officer involved who was working for the Mesa police when then-Officer Richard Elliget was arrested in 1991. Elliget was convicted in 1993 of sexual exploitation of a minor and sentenced to 14 years in prison.

Unlike the Elliget case, the recent scandal involves only policy violations, rather than potential crimes.

Lloyd said Chief Strauss will take no action this week.

Cantor said York was told that disciplinary action would probably be taken next week, although Lloyd said the case may not be finished next week.

“Number One, having an affair is never a good idea,” Cantor said. “I think the biggest lesson here is anyone can be accused. . . . Once you’re accused, you have to prove you’re innocent.”

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