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APD officer resigns in face of termination

ALBANY -- An Albany Police Department corporal has tendered his resignation rather than be fired, city documents show.

Sherman Battle sent in his resignation letter effective Oct. 27 rather than fight the termination notification's findings of unethical conduct.

"It was our intention to fire Battle. He elected to resign before we did (complete the firing process)," said Wes Smith, assistant city manager.

Police Chief John Proctor accepted the resignation the day it was submitted, according to a police memorandum.

The notice of contemplated termination outlined infractions of police standards, proper conduct and ethics by Battle.

The infractions included, but were not limited to, gambling while on duty, associating with men charged with illegal narcotics selling, and borrowing money that could have been profits from the illegal drug business.

The termination was subject to appeal, but would take effect on Oct. 27 if no hearing were requested. As part of his resignation, Battle withdrew a previous letter seeking a hearing to appeal the dismissal.

Battle could not be reached for comment Thursday night. Police spokeswoman Phyllis Banks referred all personnel matters to the city manager.

All that is left as far as the city is concerned is that Battle return his police equipment, Smith said. The city will also file a form with the Police Officers Standards Training organization indicating the Battle voluntarily resigned.

"If there are any further actions taken on his (Battle's) police certification, it will be up to them," Smith said. "Chief Proctor is making his best efforts to improve the police force standards. Once in awhile someone will forget their duty and we will take the appropriate action."