T or C pays Erica Baker $200,000

The City of Truth or Consequences paid Erica Baker $200,000 at the end of August to settle her case against the City rather than letting it go to trial, while denying any wrongdoing.

The Citizen received the settlement document after making an Inspection of Public Records Act request to the city, which is included at the end of this article.

Baker filed the case in federal court about a year ago. She claimed the city and then-City Manager Bruce Swingle violated her protections under the state Whistleblower’s Act and her various protections under the New Mexico and U.S. constitutions, such as her rights to free speech, equal protection under the law, due process, freedom from sexual discrimination, freedom from discrimination due to spousal affiliation and freedom from reprisal. The final count among the 11 in the complaint alleges conspiracy among city officials to deprive her of her rights under the federal Conspiracy Act, actionable under U.S. Code Title 42, Section 1985.

For more details on Baker’s firing and federal lawsuit, please read: https://sierracountycitizen.org/bakers-lawsuit-against-city-is-explosive-possibly-expensive/

Because the case did not go to trial, we will never learn definitively if previous-Mayor Sandra Whitehead used her power illicitly to have her son in law, Michael Lanford, hired to be a detective by then-City Manager Morris Madrid and a year or so later to have Baker fired by then-City Manager Bruce Swingle.

If she did, she and those who did her bidding violated the state Government Conduct Act, which disallows elected officials and government employees from using their authority for their personal benefit.

What is known, based on Inspection-of-Public-Records-Act requests made by then-Sheriff Glenn Hamilton, is that the city did not advertise the detective position on the police force but put together a special contract for Lanford, and didn’t put the contract out to bid. The contract falsely divided up the renewals and payments so Lanford was paid in $20,000 batches to avoid scrutiny under the state procurement code for purchases over that amount. Lanford’s contract also didn’t go before the city commission for approval, although the Government Conduct Act requires city officials be transparent with such deals if there is the appearance of a conflict of interest. If Whitehead and then-City Manager Morris Madrid were forthright, Lanford’s contract would have come before the city commission and Whitehead would have recused herself from the decision making.

What is also known, based on this reporter’s attendance at Baker’s Loudermill hearing, (part of the due process required before impacting a public employee’s property right, such as her salary), is that she had to defend herself without knowing why she was fired. Swingle was supposed to present his case against her, but didn’t. Instead, Baker was forced to assume her firing was based on a complaint Lanford had filed against her that claimed she used her superior rank (second below the chief of police and then as acting chief of police) to bully him and threaten him with firing.

It is known that the private law firm Swingle hired to investigate Lanford’s two complaints against Baker resulted in one being ignored. Lanford claimed Baker sexually harassed employees, creating a hostile work environment. The private law firm also didn’t interview then-Chief of Police Michael Apodaca, who was the only third party present during Baker’s supposed bullying and threatening of Lanford. This incomplete investigation was noted by the Loudermill hearings officer, who also said Baker’s due process had been violated by not being notified she was being investigated and why she was being investigated.

It is known that neither the private law firm nor the Loudermill hearings officer recommended Baker be fired, but Swingle fired her anyway.

It is known that Baker’s issue with Lanford that precipitated her whistleblower report was true—he was acting as a police officer, making arrests and signing affidavits while not being certified. Her “threat” to fire Lanford was probably a statement of fact that the city could not keep him on beyond the state’s grace period for becoming certified without breaking the law.

Swingle fired Lanford himself, a month before he fired Baker. Lanford was suspended for three months—with another $20,000 batch of pay—until Swingle finally concluded that Lanford had not become certified within the required timeframe. Nevertheless, Swingle sided with Lanford’s claim that Baker had gone on a “witch hunt” to get Lanford, claiming she colluded with Sierra County Sheriff Glenn Hamilton and her husband, Joshua Baker, second in command then and now county sheriff, to bring Lanford down.

Swingle produced no proof of collusion at Baker’s Loudermill hearing, while Hamilton had documented proof Lanford wasn’t certified, had been double dipping by collecting retirement pay and city pay, violating New Mexico Public Employee Retirement Association rules by occupying the same position he retired from. Hamilton said he treated Lanford lightly. He could have arrested him for impersonating an officer and signing affidavits as if he were certified.

Swingle knew the Loudermill hearings officer adjudged that the city would violate its human resources policy if they fired Baker, since it had not met the required level of proof Baker bullied and threatened Lanford. Nevertheless, Swingle affirmed his prior firing of Baker after the Loudermill hearing and ruling, this time seeking the city commission’s ratification, which they gave, taking action after an executive session around October 2021.

The city taking the risk to fire Baker only makes sense if Whitehead told Swingle to do so and her fellow city commissioners decided to back her in solidarity.

This solidarity, cronyism and nepotism among city leaders, their loyalty to each other and not the people, is hard to expose. The city paid $200,000, ensuring that city leaders would not be held accountable at trial.

According to Baker’s attorney, Linda Vanzi with Rodey Law Firm, this is an unusually large settlement and she should know, given her experience. In addition to her work as an attorney, Vanzi was a judge at the New Mexico Court of Appeals for 12 years and at the Judicial District Court for four years, hearing thousands of cases, including those concerning civil rights violations similar to Baker’s case. Usually such cases settle for under $100,000, she said.

Two years ago Whitehead did not win her bid for reelection to the city commission and her son in law also lost his bid to become county sheriff. It is hoped T or C voters will not return Mayor Amanda Forrister, Mayor Pro Tem Rolf Hechler or City Commissioner Shelly Harrelson come November, who either participated in Baker’s firing or her settlement payment.

Without a trial, without city leaders holding themselves and their fellows accountable, without citizens clamoring for answers and accountability in the public square, without citizen attendance at city meetings,  without leaders answering questions from the press, good old boy government thrives and such leaders stay in office.

I asked City Manager Angela Gonzales for comment, since she signed the settlement agreement for the city and was at the negotiating table. I also asked her if the city’s insurance covered the cost of the case or if a deductible had to be paid before the insurance kicked in. She did not respond within the business day given.

I was unsuccessful in contacting Swingle for comment, now retired and a private citizen. A year ago, when Baker filed the federal lawsuit, Swingle said he couldn’t comment on pending litigation.

Lanford refused to answer the Citizen’s questions a year ago about Baker’s lawsuit, his lack of certification, his double dipping, his special contract with the city and cases that had to be dropped in which he was the affiant. The Citizen did not try again.

Whitehead also did not respond to the Citizen’s request for information a year ago. She has never responded to this reporter’s many emailed requests for information while she was in office. Since Whitehead is now a private citizen with even less obligation to speak with the press, I did not pursue her private email and phone number. She had her chance a year ago to clear her name.

Vanzi, Baker’s attorney, did respond to a request for comment. “The people need law enforcement officers like Erica Baker,” she said, and “It was a privilege to represent her.”

Asked if she had deposed Whitehead, Swingle, Madrid, Rodriguez and Lanford on whether Whitehead used her authority wrongly to have Lanford hired and Baker fired, Vanzi said she was saving those questions for trial in order to get un-coached, spontaneous answers on the stand. Deposing them would have “tipped our hand,” Vanzi said, and given them time to prepare.

Vanzi said the city’s willingness to settle coincided with her filing of a motion seeking documents the city had refused to give them that detailed how male vs. female officers had been disciplined. It was likely the judge would have ordered the documents be handed over, Vanzi said, probably proving male officers were held to a much lower standard of behavior.

Baker was asked to respond to the settlement of her case and replied:

“I have been in New Mexico Law Enforcement for almost 17 years. It has not been an easy road, but what in life ever is. I could go on about all the hardships I’ve faced as a female Law Enforcement Officer, but it’s those trials and tribulations that have made me the officer and person I am today.

“It doesn’t matter who was directly involved with my unlawful termination. It was done so under the umbrella of the city’s government, which was unlawful, unethical, and immoral.

“I sought legal counsel and put my faith in God, my attorneys and the justice system.  I prevailed over a corrupt city government and was vindicated. Now where a termination once was in my employee file a resignation stands which I believe speaks for its self.

“I hold no ill will towards anyone and I am happy I can finally close that chapter of my life. I set a standard for myself a long time ago when I took my oath of office as a Law Enforcement Officer. That badge means something to me, it stands for something. It stands for justice, equality, service, and to protect. This is what I will continue doing no matter who or what tries to tear me down.

“I would like to thank God, my family, friends, and the wonderful attorneys from the Rodey Law firm for being supportive through this entire ordeal.

“I leave you with a Bible verse.

“‘And ye shall know the truth, and the truth shall make you free’—John 8:32.”