Jury tosses Haggerty suit

By Brian Anderson
Valley Times

Nov. 8, 2001

OAKLAND — A former aide to Alameda County Supervisor Scott Haggerty says she will appeal a jury verdict rejecting her lawsuit claiming she was fired for blowing the whistle on misdeeds by her boss's chief of staff.

Annette Baca, who sued Haggerty, his chief of staff Chris Gray and the county in 1999, said she was stunned by Monday's jury decision.

"I put my trust in those jurors," Baca said. "The jury made its decision based on lies, based truly on lies." In the 17-page suit filed in Alameda County Superior Court, Baca said she was fired in 1998 for reporting the misuse of funds and public property. She accused Gray of gambling and running a campaign consulting business with the use of county equipment.

In court records, Baca said Haggerty used derogatory remarks and created a hostile work environment after she came forward with the allegations. She also claimed he sexually harassed her.

Haggerty has said in interviews that Baca, 38, resigned.

On Tuesday, Haggerty said the case lacked merit from the beginning and that it has been troubling for him.

"I think the jury did a good job listening to the evidence that the county presented," he said.

He added that Judge John Kraetzer, whom Baca accused of being biased, "handled the case extremely well."

"Based on the lack of evidence the plaintiff put forth, I would not think an appeals court would touch it," Haggerty said.

Calling the charges "completely unfounded," Alameda County Counsel Richard Winnie said an appeal would just be a further waste of the court's time.

"Ridiculous, absolutely ridiculous," he said of Baca's promise to appeal. "It's completely amazing."

Baca had worked for Haggerty and former Supervisor Ed Campbell for 13 years. She said she took her case to Haggerty and then to the District Attorney's Office, which investigated but did not file charges.

Gray was suspended without pay after officials determined he had used county computers to buy sports trading cards over the Web.

Although jurors found Monday that Gray had used poor judgment, they decided he had done nothing to warrant further punishment.

Jurors said Baca, who now works at a Sunol bar, had been paid for vacation time she claimed she had not used when in fact she took the time off from work.

The county will look into reclaiming the $4,685 in vacation pay.

Baca said Tuesday that the time away should have been credited as comp time.

"It's been very tough all along," she said.

Jurors deliberated for only hours before reaching a decision after the two-week trial.