ALBANY - Gov. Eliot Spitzer will end the unpaid suspension of a staffer said to be involved in the scandal in which state police were used to track the whereabouts of a political opponent, a spokesman said Monday.

Darren Dopp, Spitzer's longtime communications director, will return to the state payroll on Tuesday, Spitzer spokesman Jeffrey Gordon said.

Gordon said Dopp will use vacation time before resuming work and would not return as communications director Tuesday. Gordon wouldn't comment on what job Dopp would have, or if he would be demoted.

“He'll be using vacation time he has accrued and is entitled to,” Gordon said. He wouldn't say how long Dopp would remain off the job.

Dopp refused comment Monday.

Dopp was accused of being part of a plot to embarrass Senate Republican Majority Leader Joe Bruno this spring.

According to an investigation by Attorney General Andrew Cuomo, Dopp and Spitzer aide William Howard tracked how Bruno used state aircraft and a state police driver. Dopp and Howard, the former assistant deputy for public safety, planned to release the records to a reporter, the report concluded.

They were not accused of violating the law, but the report found policies designed to protect public officials' safety were broken for political gain.

Bruno had used a state helicopter and a state police driver on trips to New York City in which he mixed meetings with lobbyists with republican fund raisers.

On Aug. 13, the state Ethics Commission tightened state travel rules, saying officials now will have to strictly account for their time on state aircraft and reimburse the state for any portion of a trip that isn't for a “bona fide” public purpose.

Dopp was suspended without pay since Cuomo issued his report on July 23. Howard was demoted out of the executive chamber at a reduced salary.

On advice from the governor's counsel, Dopp wouldn't agree to be interviewed by Cuomo.

The state Ethics Commission and Albany County District Attorney David Soares have continued to investigate.

Unlike Cuomo, the Ethics Commission and Soares have subpoena power to compel testimony.

“By returning Darren Dopp to a high paying position within his administration, before the ongoing investigations are completed and the matter is thoroughly resolved, Governor Spitzer would be making another poor decision and further compromise both the integrity of his administration and the public trust,” said Republican Sen. Dean Skelos, of Nassau County.

Albany County Republican Chairman Peter Kermani said returning Dopp to the payroll is a “Shocking disappointment to the people.”

“Richard Nixon was forced to resign from office for utilizing public resources for his own personal, political gain,” Kermani said. “Governor Spitzer appears to have done the same thing, including a failed cover up attempt. As a result, people's faith in the Spitzer administration has been shaken.”

Spitzer had immediately apologized to Bruno and said Dopp and Howard operated alone and out of a zeal to reform abuse of state aircraft, which has been a longtime concern.