Editor's note: The following letter was sent to Dewey Beach Mayor and Comminssioners with a copy to the Cape Gazette for publication.
Dear Dewey Beach Mayor Dale Cooke and Commissioners:
We are aware of a letter dated June 14 14 from several of the employees of the Town of Dewey Beach which makes serious allegations of misconduct against Town Manager Mark Appelbaum. We write to express our concerns.
The allegations made include acts of sexual harassment, engaging in abusive and unprofessional conduct, racial discrimination, financial improprieties and other misconduct in office. If true, these allegations are very troubling, and could be the basis of significant legal liability for the town, not to mention disruption to the town's operations during the summer season.
This situation cannot be ignored, but must be immediately investigated by an outside, neutral investigator with substantial experience in municipal and employment law. Moreover, you would be well-advised to consult with independent legal counsel for guidance in making efforts to reduce liability and to be responsive to the employees because the town's attorney cannot represent both Mr. Appelbaum and the interests of the town, its commissioners and its employees.
Indeed, Mr. Townsend may himself be a witness who would be subject to questioning by an investigator.
Finally, Mr. Appelbaum should be suspended from duty, and his access to town property, computers and records denied. He should be prohibited from conducting any town business or entering onto town property until the investigation is over. If these allegations are true, Mr. Appelbaum's conduct has been disgraceful and perhaps even illegal.
He has put the town at great risk both in terms of legal liability and reputation. He has been cruel and unprofessional to the employees. If you ignore this situation, you may also create the risk of personal liability for you as members of the governing body that has been made aware of the potential for serious, perhaps criminal, misconduct.
Your indemnification as a body and individually is at great risk since the employees are alleging the council was aware of this situation and took no action.
We look forward to the Mayor and Commissioners taking swift and effective public action to respond to these critical issues.
Karen J. Kruger, Esquire
Gary W. McLhinney, Public Safety Committee member, Former Commissioner
Joy Howell, MBA, MPA
Joan Claybrook, Esquire, former Budget and Finance Committee member
Dave Davis, former Budget and Finance and Comprehensive Plan committee member
Dell Tush, Former Mayor
Larry Tush
Melanie Odlum
Nancy and Lanny Weaver
Rebecca Fedel
Gary Keith
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