The public comments by the current Town Council in Dewey Beach on their inability to suspend Marc Appelbaum are wrong and misleading. As the attorney for those suing the mayor, commissioners and town manager, I write to correct the record.
Delaware courts are clear that an employee may be suspended with pay during an investigation. Delaware Superior Court Judge Young said "It is well-settled that suspending an employee with full pay and benefits pending an investigation into alleged misconduct is not an actionable adverse employment action."
The Dewey Beach Charter is clear that the commissioners can suspend him with pay. Section 15(c) states "the Commission may suspend the Town Manager from duty but shall in any case cause to be paid him forthwith..." The discussion of "just cause" that the commissioners throw around as their excuse only deals with what must be found later to terminate him.
Furthermore, the Court of Chancery also recognized in the current litigation that the commissioners could suspend him with pay, but that the commissioners made the political decision to not even vote on the issue.
The statements by Mayor Cooke, Commissioner Hanson and Commissioner Persinger that they are not allowed to suspend him with pay are wrong and misleading.
Richard H. Cross Jr.
Dewey Beach
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