LITTLETON, Colo. -- Embattled Arapahoe County Clerk and Recorder Tracy Baker said he plans to sue the state and county for libel and slander for investigating him and calling for his resignation.

Meanwhile, commissioners on Monday sent a letter to Baker demanding he fire Leesa Sale, his assistant chief deputy. Baker, who is married, has said Sale is his girlfriend.

Commissioners said a document obtained from Sale's former employer -- Ellis Armistead & Associates Legal Investigations -- said she embezzled more than $25,000 from the company when she worked there.

"A review of Ms. Sale's two job applications with Arapahoe County indicates deception, if not outright lying, concerning the reasons she left her previous employment," the letter said. "Such dishonesty is also grounds for termination."

Sale declined comment when reached by The Denver Post Monday.

"The commissioners should just let the county clerk do his job, and quit dropping these bombs on him," Baker's lawyer, William Buckley, said.

Commissioners have asked Baker to resign after a county investigation alleged he created a hostile work environment and misused public money and property by having an affair with Sale. It also accused him of sexual misconduct.

Baker, who cannot be fired because he is an elected official, was reelected Nov. 5. The Republican won with 65 percent of the votes to Libertarian Margaret Alia Denny's 35 percent. No Democrat ran.

Baker's attorneys have filed a notice of intent-to-sue, the first step in filing a lawsuit against a government entity in Colorado.

The actions of the Board of County Commissioners have held Baker "up to ridicule in the media and in his personal contacts with his co-employees," the notice said.

The paperwork was sent to the officers of Gov. Bill Owens, Secretary of State Donneta Davidson, Attorney General Ken Salazar and to each of the five Arapahoe County commissioners.

"I am shocked that Mr. Baker found a lawyer that would sue for this," said Commissioner John Brackney. "A superficial review of this (shows) there isn't anything about this that isn't frivolous ... It's one further indicator of his unfitness for office."

The commissioners have already asked Baker to give up his county vehicle and his assigned parking space. They said Baker had nearly tripled the assistant's salary and traveled with her to conferences, billing the county for upgraded hotel accommodations.

They also accuse Baker of using county computers and pagers to exchange hundreds of sexually explicit and romantic e-mails with Sale.

A judge will hear arguments next month on whether those sexually explicit e-mails can be made public. Baker argues that it's an invasion of his privacy, the Arapahoe County Commissioners said that it is public property.

The affair was discovered by private investigator hired by the county. The investigation began July 30 after another employee in Baker's office complained of sexual harassment and a hostile work environment. The county is negotiating a settlement with her.

Baker earns $63,203. The assistant's salary is $63,300, although investigators also found she collected an additional $18,000 in overtime and a $1,000 bonus this year.