In Dewey, staff keeps pressure on town manager

Dewey Beach employees calling for the dismissal, or suspension with pay, of Town Manager Marc Appelbaum have filed a complaint with Delaware’s Public Integrity Commission.

“Movants request that this matter be referred to commission counsel for a full investigation and appropriate disciplinary action, including but not limited to permanent removal of Appelbaum as the town manager,” writes attorney Richard Cross in the June 29 complaint.

The commission administers and implements Delaware’s code of conduct, which applies to all local governments unless they adopt their own code of conduct. The commission must approve those codes of conduct as being at least as stringent as the state law.

The filing of the complaint comes one week after 12 employees – a group including police Chief Sam Mackert, beach patrol Capt. Todd Fritchman, building inspector Bill Mears and nine members of the Dewey Police Department – submitted an 11-page document to town council members accusing the town manager of sexual harassment, misuse of town funds, interference with public safety, and racial discrimination.

In response to the original letter, Dewey commissioners chose to let Appelbaum remain as town manager, while charges are investigated. Employees calling for his dismissal are reporting to Assistant Town Manager Jim Dedes during the investigation.

“The town council has failed to initiate any investigation and has failed to suspend Appelbaum in the interim,” said Cross, who is representing all the town employees making the complaint.

Cross isn’t the only attorney calling for Appelbaum’s suspension with pay while the investigation is going on.

Attorney Stephen Spence, representing clients who live in Dewey and own property, said his clients are disappointed with town council action to date.

“Why leave the fox in the hen house,” he said.

Following the original letter, Spence sent a letter on behalf of his clients that said a class action may be initiated to protect their interests. He said June 28 that research into the matter hasn’t been completed and all options are still being evaluated.

Fred Townsend, Dewey Beach town solicitor, said in a statement June 29 that Wilmington-based law firm Connolly Gallagher LLP has been retained to conduct an independent investigation of the personnel complaint submitted on June 16. Townsend said attorney Max B. Walton, Esq. will lead Connolly Gallagher’s effort as he and his firm are experienced in the various aspects of performing independent investigations for both public and private-sector employers.

“Mr. Walton has begun clearing his schedule to allow him to devote prompt attention to this important task.  Because the investigation requires a thorough inquiry, no timetable for its completion is currently available,” reads the statement.

Two more complaints added

In the week since the original complaint letter was given to town commissioners, two more women have come forward with complaints against Appelbaum.

The first was Alderman Court clerk Diane Jones, who submitted a three-page letter to town council members June 27.

Jones, who was hired in early May, adds to the claims of a hostile work environment, and she raises issues of interference with the Alderman Court and police department.

Jones said Appelbaum has demanded access to the court’s computer system and refused to let the court handle appeals from tickets, instead allowing the town’s parking supervisor to handle the appeals.

A former town police dispatcher, Jones also said Appelbaum demanded copies of police reports, which she said she believes is prohibited under the law and a violation of the town charter.

Cross said Jones’ complaints raise several issues. He said it’s a violation of the town charter, raises separation of powers issues and raises privacy concerns that should be troubling to all citizens.

“Given his conduct already raised in our complaints and other information we have learned, it should raise concerns that he may be granting favors to those he deems his allies and punishing those he views as his enemies,” wrote Cross in a June 28 email.

The second complaint is the first from a person who isn’t a town employee.

In an affidavit signed June 28 by Martha Sweeney, Highway One Properties comptroller, Appelbaum is accused of making a sexual advance toward Sweeney when she went to town hall to pay business license fees in the spring of 2016.

Sweeney said Appelbaum’s advance was unsolicited and unwanted. “I became disturbed, jumped up saying that I was very busy and that I was sure he was busy too,” she writes. “Since that time, I felt uncomfortable going alone to town hall to conduct business and have made it a practice to bring someone with me whenever possible.”

When reached for comment, Appelbaum said he was unaware of the additional complaints, but he said he had no comment.

A 15th complaint added

The list of current and former Dewey employees looking for the immediate removal of Town Manager Marc Appelbaum continues to grow.

Barbara Kyewski, an employee for 17 years in Dewey, is the 14th employee to publicly call for the resignation of Appelbaum in the past two weeks. A 15th person, Martha Sweeney, Highway One Property comptroller, issued a signed affidavit June 28, accusing Appelbaum of sexual harassment.

Kyewski held multiple positions during her tenure with the town, the last of which was as the judicial clerk in the Alderman Court.

Many of Kyewski’s complaints are similar to current Alderman Court clerk Diane Jones complaints, the 13th employee. Kyewski said Appelbaum has repeatedly ask for court personnel access and created a toxic work environment.

Kyewski said she left the town because of Appelbaum. “I could no longer tolerate the toxic environment that was created by Mr. Appelbaum,” she writes to the commissioners.

Appelbaum could not immediately be reached for comment.

Editor’s note: This story includes information regarding a 15th complaint.