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Baker Not Sworn In; May Have To Leave Office

Companies Refusing To Bond Elected Clerk And Recorder

POSTED: 5:16 p.m. MST January 14, 2003
UPDATED: 7:25 p.m. MST January 14, 2003

Tracy Baker, the embattled Arapahoe County clerk and recorder, wasn't sworn in Tuesday night with the other elected county officials and may not be sworn in at all.

Tracy Baker

Baker (pictured, left) was supposed to have his own swearing-in ceremony because he wasn't invited to the public swearing-in ceremony for county officials.

But, before he can be sworn in and allowed to take office, he has to secure a public official bond. So far, no insurance company is willing to bond him at $250,000.

Baker had a $10,000 bond during his last term, but the Board of County Commissioners upped his bond to $250,000 because of the recent allegations of misconduct and misuse of taxpayer money and property.

"The County's crime policy includes an exclusion for any claims involving an employee who is known to have committed prior dishonest acts. The County carries a $1 million limit of liability on its crime coverage, so the Board believed that a $250,000 bond was a reasonable amount to request," the county said in a press release.

A public official bond protects the fiduciary interests of the county, and also ensures an elected official will "faithfully perform the duties" of his or her office. The bond protects the county in the event there is a theft of money, property or other securities, the county said.

All of the insurance companies approached by the county -- CNA Insurance, RLI Insurance, Hartford, Old Republic and Traveler's Insurance -- refused to bond Baker at $250,000 because of the current allegations of wrongdoing.

If a bond is not obtained within 30 days, the office becomes vacant and the commissioners may appoint someone else to fill the position -- which is exactly what they want.

"Given the incidents of the past year, the Board of County Commissioners does not trust Mr. Baker to faithfully perform the duties of his office, including the management of county assets," said Commissioner Debra Vickrey.

County commissioners have not kept secret their distaste for Baker. They purposely un-invited him the public ceremony for everyone in the county.

"We don't think it's appropriate," said Lynn Myers, Arapahoe County commission chairwoman. "We have asked Mr. Baker to resign in October, and we didn't feel it was part of our celebration to have him with us."

Baker was re-elected last November after a three-month investigation into allegations of sexual harassment within his office.

A private investigative firm, Rick Johnson and Associates, was hired by the county after Baker's former chief deputy, Mary Whitley, sued the county and complained about Baker's work activities in the workplace. The county is negotiating a settlement with her.

After receiving the investigator's report, commissioners accused Baker of "gross mismanagement, sexual misconduct, misuse of public funds and property" and "creating a hostile work environment."

Last week, a judge ordered the complete Johnson report be released, including 570 sexually explicit e-mails that Baker and co-worker, Leesa Sale, sent to each other. Sale is his assistant deputy.

Baker, who is married, thought the e-mails were deleted, but Johnson was able to retrieve them from work computers in Baker's office.

Baker won a stay from the Court of Appeals on Thursday which ordered the county not to not release the information. Portions of the e-mails were leaked to the media last week.


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