Dewey Beach Solicitor: town intends to reimburse Appelbaum

The Dewey Beach town solicitor has disputed claims that the town has backed away from its agreement to reimburse Town Manager Marc Appelbaum.

The town commission voted unanimously Friday in favor of indemnifying Appelbaum, which would see him compensated for costs he incurred while facing numerous, accusations.

Town Solicitor Fred Townsend said Wednesday that the town "has in no way reversed its position, or decided not to pay Marc."

BACKGROUND: Attorney: Dewey Beach backtracks on reimbursing Marc Appelbaum's legal expenses

"We voted to indemnify, and we’d have had to reconvene and vote again if we intended to change course," said Townsend, echoing earlier comments from Commissioner Dale Cooke, who had claimed to have heard nothing about canceling Friday's vote.

Townsend said that following a Monday temporary restraining order seeking to halt indemnification filed by Richard Cross, attorney for many of Appelbaum's accusers, the council's litigation counsel reached a "middle ground," whereby Cross would be given two days notice prior to any payment being made to Appelbaum.

The move was made to avoid the hearing over the restraining order scheduled for last Tuesday.

"All we’ve done is avoid the necessity and expense of a hearing that would have occurred yesterday, and said 'if you want to challenge any indemnification or payments we’ll give you 2 days notice,' " Townsend said.

BACKGROUND: Investigator's findings: Insufficient evidence to suspend or fire Appelbaum

Cross said Tuesday that the restraining order was in response to Friday's decision, which he claimed was a violation of the town code, as many in the commission were party to the litigation involving Appelbaum.

Cross also said their decision to compensate Appelbaum would “require a specific finding that the Town Manager acted in good faith and in the best interests of the town when he committed these wrongful acts,” something he said no reasonable person could have concluded.