Mades said his action regarding McCall's employment is within the guidelines of the Law Enforcement Officers' Bill of Rights, which is state law.
"McCall was charged with a misdemeanor, not a felony, and was convicted but got no jail time," Mades said.
On March 18, McCall pleaded guilty in Allegany County District Court to a misdemeanor count of misconduct in office.
Allegany County District Court Judge Timothy Finan sentenced McCall to a one-year suspended jail sentence, fined him $500 and placed him on unsupervised probation for three years.
Under such circumstances, the Bill of Rights provides for reinstatement of a deputy pending an administrative hearing, which hasn't yet been held in McCall's case, Mades said.
Allegany County State's Attorney Lawrence Kelly had said in court that he wanted the conviction in order to assure that McCall would no longer work in law enforcement. Mades said he doesn't think there is anything in the law mandating that.
Finan also commented on McCall's future during the hearing, saying the guilty verdict should preclude McCall from ever again working as a police officer.
"For him to say that makes this all that much more confusing," Mades said.
Contacted Thursday, Finan said the issue of McCall's job status is between him and his employer, the sheriff.
"But it was represented to me that McCall was going to lose his job," Finan said.
Mades said his department's attorney, Roger Schlossberg, is looking into all aspects of the case.
With his guilty plea, McCall admitted he had sex with a confidential drug informant in her Allegany County home on a number of occasions between November 1996 and January 1997, according to authorities.
He used his unmarked Narcotics Task Force car and was under the influence of alcohol on those occasions, Kelly said.
McCall, of Clear Spring, had been suspended with pay from his duties since Jan. 31, when the 27-year-old woman made the allegations.
The woman's name did not appear in court documents because she is an informant.
A deputy in Washington County since 1992, McCall was previously a police officer in Mercersburg, Pa., and Washington Township, Pa.