POST Commission accepts two-year suspension settlement in Albert Smith case, with training conditions

The POST Commission on Aug. 29 accepted a settlement in the disciplinary matter concerning Albert Smith, approving a negotiated two-year suspension retroactive to Dec. 21, 2022, and attaching conditions for reinstatement consideration.

Steven Leffler, attorney for Smith, presented a counterproposal the commission accepted. Under the settlement Smith will serve a two-year suspension retroactive to his December 2022 separation from the Tennessee Highway Patrol. As conditions the commission recorded on the public motion, Smith must complete 2024 and 2025 in-service training hours and attend transition-school training at the law enforcement training academy. Staff said Smith had completed 32 hours of in-service training in 2024 and expected to finish 2025 hours by year’s end.

Legal counsel and commissioners discussed investigative records and a prior administrative-law-judge file. Counsel noted the Shelby County criminal investigation found no grounds for prosecution and the complainant did not pursue further civil remedies. The proposed settlement was described on the record as double the original one-year proposal previously offered in 2024.

Commissioners asked whether the settlement would be filed with prejudice; legal staff clarified that the settlement’s disposition and suspension would remain in POST records and be reported to national databases as appropriate, and that future separate misconduct by Smith could prompt new proceedings. After questions, the commission voted to accept the settlement; the motion carried by voice vote.

Smith’s attorney said the arrangement would permit Smith to pursue transitional training and, upon completing stated conditions, allow any prospective hiring agency to petition POST for consideration of certification. The settlement will be memorialized in a final order in the administrative record.