Reed Shelton

The Daily Times

In a move that elicited a muffled outcry from many of those gathered, the Dewey Beach Town Council voted to shut down the opportunity for public comment at its scheduled Friday session.

The meeting came on the heels of an 18th complaint filed Monday against embattled Dewey Beach Town Manager Marc Appelbaum and a lawsuit filed in Chancery Court Thursday seeking injunctions to halt Appelbaum’s alleged interference with police, beach patrol, building inspection and Alderman court operations.

The new complaint against Appelbaum came from former Town Clerk Katrina White, who alleged that he would often make racist comments, blaming “all of the town's problems on the brown people." The complaint also stated he would shout obscenities and come to work in pajamas, echoing previous complaints.

The motion to amend the agenda and strike public comments scheduled for later in the meeting was put forth by Dewey Beach Commissioner Mike Dunmyer, who made the motion to do so in the standing-room only meeting.

“Everyone here is committed to open meetings, and we all value input from the public,” Dunmyer said after Dewey Beach Mayor Dale Cooke hushed the meeting’s attendees following Dunmyer’s motion.

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“We have an issue though that is highly charged, it is of a personnel nature and now there’s a lawsuit involved,” Dunmyer continued.

Because of the high emotions involved on either side, Dunmyer said, he believed the meeting was not the appropriate time for public comments while the independent investigation was carried out.

Appelbaum was not present Friday and did not return calls by the Associated Press after the lawsuit was filed.

Following Dunmyer’s statement, Mayor Cooke was again compelled to hush gathered citizens who were upset at the proposed motion.

Among the officials at the meeting, Cooke was the only one who opposed the motion.

“Unfortunately, I disagree with my fellow commissioners,” he said. “I think it doesn’t help to limit public comment.”

Nonetheless, the motion passed 4-1, with Cooke voting alone against it.

After the meeting, those who had gathered to speak before the commissioners were displeased by the decision to be silenced.

Their strongest objections centered around the allegations made in the Thursday lawsuit, which also accused the town council of violating Delaware’s Freedom of Information Act in agreeing, without a public vote, to hire a law firm to conduct a purported independent investigation of complaints against Appelbaum.

The council held a formal, public vote at the Friday meeting to hire Max Walton with Connolly Gallagher LLP in Newark, Delaware, hoping to assuage any concerns of a lack of transparency by doing so while denying that any wrongdoing had taken place.

The motion was passed 4-1, with Commissioner Courtney Riordan alone in voting against it.

Former Dewey Beach Mayor Dell Tush was among those who had wished to speak before the commission.

“I think to not allow public comment is absolutely atrocious,” Tush said. "The fact that they are now taking the vote (on hiring the lawyer), after the fact, is totally ridiculous.”

Tush said the decision to shut down public comments was made simply to stifle what she believes to be widespread public outrage at Appelbaum’s continued employment by the town.

“They know what they’re doing is incurring a lot of anger from the public,” she said. “They know the general public feels (Appelbaum) should be suspended and an investigation done. But they’re not suspending him, they’re allowing him to be right there working.”

Phil Winkler, a Dewey Beach resident, remarked on the duration over which complaints against Appelbaum were filed and that he was allowed to continue serving as town manager.

“My problem is that there’s a failure of leadership here,” he said. “I have to ask the commissioners if, when they were informed of these violations, what did they do at the time to allow this to continue?”

But for many who came Friday, none of these questions could be answered.

The Associated Press contributed to this story.