In Dewey, lawsuit against Appelbaum withdrawn

A lawsuit filed by nearly a dozen town employees against Dewey Town Manager Marc Appelbaum has been withdrawn.

Dewey attorney Fred Townsend announced its withdrawal during the Aug. 11 town commissioner’s meeting. He said the plaintiffs have agreed to voluntarily dismiss the lawsuit without conditions.

Accusations against Appelbaum included sexual harassment, offensive language, misuse of town funds, racial discrimination and jeopardizing public safety. Town commissioners did not address the suit during the meeting.

The lawsuit, filed July 13 in Chancery Court, sought an emergency injunction to stop Appelbaum’s interference with the operations of the police department, beach patrol, building inspector and Alderman Court. The court did not grant the injunction, instead telling the town and the complainants, who included police Chief Sam Mackert, beach patrol Capt. Todd Fritchman and Building Inspector Bill Mears, to work on a scheduling order for discovery in the case.

Townsend said the town was particularly pleased Wilmington-based attorney Richard Cross, who represents the employees who filed suit, has ended his policy of withholding his clients’ cooperation in an ongoing independent investigation. Many employees not represented by Cross have already been interviewed, Townsend said.

Cross has publicly questioned the impartiality of Max Walton, the Wilmington-based attorney hired by the town to conduct the independent investigation. In a July 18 letter to Townsend, Cross said Walton has a relationship with the town manager, providing as evidence a series of emails sent by various town officials from November 2009 to July 2010.

Cross said Aug. 12 the suit was dismissed without prejudice, which means it can be refiled at any time. He said his clients agreed to provide statements for the internal investigation because they didn’t want Walton to give the town a reason to say Appelbaum was cleared of the allegations.

“Thus, we are cooperating with their purportedly independent investigation,” wrote Cross in an email. “If the investigation is legit we will be satisfied. If it is a sham, we will look to re-file our suit and continue.”

Townsend said council continues to desire an objective and thoughtful review of the allegations. He said the town hopes the investigation will be completed by the end of August.

Public Integrity Commission review

Town employees also filed a complaint with Delaware’s Public Integrity Commission June 29.

At the time, Deborah Moreau, commission counsel, said, barring any unforeseen circumstances, she expected the commission to conduct a preliminary review of the complaint during its August meeting.

The agenda for the commission’s most recent meeting, held Aug. 15, does not include the Dewey complaint under the portion of the agenda requesting advisory opinions, waivers and referrals. The agenda does include an executive session.

Moreau said Aug. 16 that state law prevents her from confirming or denying matters considered by the commission.

Cross said he was not allowed to comment on the commission.

Appelbaum attorney Laurence Cronin, of Wilmington-based Smith, Katzenstein & Jenkins, could not be reached for comment.