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Setting the record straight on Dewey complaint

August 17, 2017

I am the attorney representing the employees who filed complaints against Dewey Beach Town Manager Marc Appelbaum. I am writing this letter to set the record straight now that Commissioner Hanson has reported that the employees have "dropped their claims."

That statement by Commissioner Hanson is completely misleading. There is still a formal complaint with the Public Integrity Commission and an internal town investigation that is proceeding.

There is a mountain of evidence that we have supplied to the town that should have been more than enough in any other circumstance to warrant suspension and dismissal of Mr. Appelbaum. The complaints and evidence involve sexual harassment, racial discrimination, interference with the police department, creating a hostile work environment, and more.

At the suggestion of the town's attorney, we agreed to give the town a chance to perform it's "independent investigation" by suspending our Chancery Court lawsuit. Our complaints are still proceeding through both the town's internal investigation and the state Public Integrity Commission. We believe one or both of these investigations will pave the way for Mr. Appelbaum's dismissal.

We have made it clear to the town council's attorney that if the town fails to act properly or if the town's investigation turns out to be a sham, we will resume our litigation. Any suggestion that the employees are backing off their claims against Mr. Appelbaum is misleading.

Richard Cross
Richard H. Cross, Jr.
Cross & Simon, LLC
Wilmington

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