MINCEY FITZPATRICK ROSS, LLC ATTORNEY FOR

BY: THOMAS O. FITZPATRICK VINCENT RONGIONE

PA I.D. NO. 93204
ONE LIBERTY PLACE
1650 MARKET ST., SUITE 3600
PHILADELPHIA, PA 19103
(215) 587-0006
[email protected]

VINCENT A. RONGIONE :
Chief Administrative Officer :
Upper Darby Township : COURT OF COMMON PLEAS
100 Garrett Road :
Upper Darby, PA 19082 : OF DELAWARE COUNTY
:
Plaintiff : JUNE TERM, 2022
:
v. : No.
:
BRIAN K. BURKE : JURY DEMANDED
President, Upper Darby Township Council :
100 Garrett Road :
Upper Darby, PA 19082 :
:
:
and :
:
BRIAN ANDRUSZKO :
Upper Darby Township Council :
100 Garrett Road :
Upper Darby, PA 19082 :
:
and :
:
LAURA A. WENTZ :
Upper Darby Township Council :
100 Garrett Road :
Upper Darby, PA 19082 :
:
and :
:
MEAGHAN WAGNER :
Upper Darby Township Council :
100 Garrett Road :
Upper Darby, PA 19082 :
:
 :
and :
:
LISA FARAGLIA :
Upper Darby Township Council :
100 Garrett Road :
Upper Darby, PA 19082 :
:
and :
:
MATT SILVA :
Upper Darby Township Council :
100 Garrett Road :
Upper Darby, PA 19082 :
:
and :
:
THE UPPER DARBY TOWNSHIP COUNCIL :
100 Garrett Road :
Upper Darby, PA 19082 :
:
:
Defendants. :

COMPLAINT
Violation of PA Sunshine Act, Conspiracy, Breach of Contract
REQUEST FOR EMERGENCY INJUNCTIVE RELIEF

2
 NOTICE TO DEFEND

NOTICE AVISO

You have been sued in court. If you wish to Le han demandado a usted en la corte. Si
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important to you. todas las provisiones de esta demanda. Usted puede
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3
 INTRODUCTION

Plaintiff Vincent Rongione (“Plaintiff” or “Mr. Rongione”), an individual resident of

Upper Darby Township, Pennsylvania, hereby brings the instant Complaint against Defendants

Brian Burke, Brian Andruszko, Laura Wentz, Meaghan Wagner, Lisa Faraglia, Matt Silva, and the

Upper Darby Township Council (“Township Council” or “Council”) by his counsel and states the

following allegations for his Complaint:

PARTIES

1. Plaintiff, Vincent A. Rongione, Esquire is a resident of Upper Darby, Pennsylvania.

At all times relevant to this action, Plaintiff served as Chief Administrative Officer (“CAO”) of

Upper Darby Township.

2. Upon information and belief, the Upper Darby Township Council ("Council")

is a governmental entity governed by the Upper Darby Home Rule Charter, Administrative

Code, and all other applicable laws and is located within Delaware County at the following

address: 100 Garrett Road, Upper Darby, PA 19082.

3. Upon information and belief, Defendant Brian K. Burke conducts business in

Pennsylvania. At all times relevant to this lawsuit, Defendant Burke served as President of

Township Council.

4. Upon information and belief, Defendant Brian Andruszko conducts business in

Pennsylvania. At all times relevant to this lawsuit, Defendant Andruszko served as a member of

Township Council.
 5. Upon information and belief, Defendant Laura Wentz conducts business in

Pennsylvania. At all times relevant to this lawsuit, Defendant Wentz served as Vice President of

Township Council.

6. Upon information and belief, Defendant Meaghan Wagner conducts business in

Pennsylvania. At all times relevant to this lawsuit, Defendant Wagner served as a member of

Township Council.

7. Upon information and belief, Defendant Lisa Faraglia conducts business in

Pennsylvania. At all times relevant to this lawsuit, Defendant Faraglia served as a member of

Township Council.

8. Upon information and belief, Defendant Matt Silva conducts business in

Pennsylvania. At all times relevant to this lawsuit, Defendant Silva served as a member of

Township Council.

9. Upon information and belief, Upper Darby Township Council is an elected body

that conducts business in Pennsylvania.

FACTS
10. Plaintiff incorporates by reference the preceding paragraphs as though set forth

fully herein.

CHIEF ADMINISTRATIVE OFFICER OF UPPER DARBY TOWNSHIP

11. Upper Darby Township (the “Township”) was founded in 1736 as a Home Rule

Charter community. Today, Upper Darby Township is the sixth largest municipality in the

Commonwealth of Pennsylvania.

12. On or about January 6, 2020, Vincent A. Rongione, Esquire was appointed as the

Chief Administrative Officer of the Township by Mayor Barbarann Keffer. Mr. Rongione was

5
confirmed by Township Council, pursuant to Article V, §C-501(A) of the Home Rule Charter.

(See Home Rule Charter Article V,§C-501, attached hereto as Exhibit A.)

13. As the Chief Administrative Officer of the Township Mr. Rongione is responsible

for the administration of all essential services within the Township, all Township departments

report to Mr. Rongione, including all personnel in those units of Upper Darby Township which

are under the authority of the Mayor.

14. Mr. Rongione’s employment relationship with the Township was created by and is

governed by the Home Rule Charter. (See Oath of Office, attached hereto as Exhibit A2.)

15. The office of Chief Administrative Officer (“CAO”) is vital to the delivery of public

services to residents of the Township.

16. Since January 2020, Mr. Rongione performed brilliantly as CAO and helped the

Township manage the administration of public services throughout the Coronavirus pandemic.

17. Additionally, Mr. Rongione maintains the support and confidence of the duly

elected Mayor of Upper Darby Township.

MR. RONGIONE’S ADMINISTRATION OF AMERICAN RESCUE PLAN ACT FUNDS

18. In July of 2021, Upper Darby Township received $20.88 million dollars in federal

American Rescue Plan Act (“ARPA”) funding related to COVID-19 pandemic recovery.

19. ARPA is a federally administered COVID-19 pandemic recovery program and as

such its spending is restricted and subject to reporting to the federal government.

20. The ARPA funds were deposited into the Upper Darby general fund accounts.

21. In January of 2022, Defendants Burke, Andruszko, Wentz, Wagner, Faraglia and

Silva opposed the Township’s proposed budget for the allocation of the ARPA funds.

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 22. This block of six Council members held up the release of the ARPA funds,

requiring a special meeting in February of 2022 to release a portion of the funds in order for the

Township to meet its payroll obligations.

23. Upper Darby Township’s administration publicly acknowledged the necessity of

the release of the ARPA funding to meet the payroll obligation.

24. The block of six viewed this as a public shaming of their opposition to the ARPA

budget.

25. Public pressure and administrative concessions ultimately led to a passing of the

ARPA funds budget and the block of six voted to release a portion of the funds.

26. However, the block of six embarked on a public campaign in the media questioning

Mr. Rongione’s administration and launching their own investigation into the spending of ARPA

Funds.

27. Defendant Wentz, a member of the block of six, went as far as to be quoted by the

county media as saying that she had “proof” of improper spending.

28. In response to the named Defendants’ concerns, the Township retained Marcum,

LLP, a forensic accounting firm, to investigate the receipt and disposition of the ARPA funds.

29. On May 19, 2022, Marcum issued its 153-page final report addressing specific

concerns and allegations made by the six named Defendants that Mr. Rongione had mishandled

ARPA funds.

30. Marcum’s findings made it clear that Mr. Rongione had committed no wrongdoing.

31. In particular Marcum’s findings included the following:

“Despite possible concerns expressed by UDT Council members and others, regulations
and other guidance published by the U.S. Treasury did not require amounts remitted to
municipalities pursuant to ARP be maintained in a separate deposit account. The Treasury
guidance did limit the manner in which ARP funds could be used.”

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 (See page 18 of Marcum report, attached hereto as Exhibit B.)

32. Despite Marcum’s complete findings, which absolved Mr. Rongione of any

mismanagement of the ARPA funds, the six named Defendants persisted with their attacks on Mr.

Rongione’s job performance.

33. One such example of an unfounded attack on Rongione’s performance occurred

during the June 1, 2022 meeting as Council member Wentz, a veteran county prosecutor, yelled at

Mr. Rongione and openly accused him of violating laws related to the management of confiscated

funds from individuals accused of crimes.

34. Wentz’s attack on Mr. Rongione was ghastly, ill-tempered and more importantly,

according to the Township Solicitor Kilkenny’s office, stunningly wrong on the law.

35. As explained in more detail below, Defendant President Burke and Defendant

Council members worked together to keep the members of the public and the duly elected Mayor

from participating in any decision to remove Mr. Rongione from the office of CAO.

DEFENDANTS WILLFULLY VIOLATE THE SUNSHINE ACT

36. Through the actions of the six named Defendants, Defendant Township Council

violated, among other provisions of the Sunshine Act, 65 Pa.C.S. § 712.1 by voting on a motion

at its June 1, 2022 meeting to deem the office of Chief Administrative Officer forfeited by Vincent

Rongione pursuant to Home Rule Charter Article V §501(c)(1) without placing notice of such

motion on the agenda. (See Sunshine Act, 65 Pa.C.S. § 712.1, attached hereto as Exhibit C.)

37. The Township Council Meeting violated the Sunshine Act because the stated

purpose on the agenda did not provide the Township Council, the Township administration and

members of the public with a clear understanding of what purpose and the known action item to

be voted on.

8
 38. Defendant Township Council placed “Article 5 of the Home Rule Charter-ALL

Sections” on its agenda which does not constitute sufficient notice under the Sunshine Act. (See

Committee Agenda, attached hereto as Exhibit D.)

39. Defendants’ failure to give the public notice of such a motion or give the public an

opportunity to comment on the motion was a willful and purposeful violation of the Sunshine Act,

especially given that the deemed forfeiture of the Township’s highest management position was

not "de minimis in nature.”

40. Defendant Council all but admitted that its published agenda item would not be

sufficient notice to the public when it directed its solicitor, Mr. Sean Kilkenny, to read Article V

of the Home Rule Charter aloud during the meeting at which time, when questioned by Council

member Michelle Billups, Defendant Council member Andruszko stated: “I needed a refresher for

myself [of Article V of the Home Rule Charter] and I am sure that not everyone in the audience

was aware of what Article V was…” (See Township Council Meeting at 2:52:29, Upper Darby

Council Meeting - 6/1/2022, link attached hereto as Exhibit E.)

41. During the June 1, 2022 meeting, Mr. Rongione challenged the agenda as non-

compliant with the Sunshine Act. Furthermore, the Township Solicitor, Mr. Kilkenny, despite

recusing himself from official participation in the matter, cautioned that if there were a specific

action related to Article V, then the agenda may not be in compliance with the Sunshine Act. (See

Township Council Meeting at 2:08:15, Upper Darby Council Meeting - 6/1/2022, link attached

hereto as Exhibit E.)

42. However, the Upper Darby Township Council proceeded, ignoring Solicitor

Kilkenny’s cautioning on the matter.

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 43. Following the motion for forfeiture of the CAO’s office, Solicitor Kilkenny again

cautioned Township Council to consult with the retained Township Council Solicitor, Christopher

Boggs, regarding the appropriateness or lack thereof of the motion. (See Township Council

Meeting at 3:50:45, Upper Darby Council Meeting - 6/1/2022, link attached hereto as Exhibit E.)

44. Following brief discussion, Solicitor Kilkenny noted for a third time, that while

Solicitor Kilkenny had recused his office from providing guidance on the matter, he would once

again not recommend taking a vote and would refer Township Council to its retained Council

Solicitor, Christopher Boggs. (See Township Council Meeting at 3:53:10, Upper Darby Council

Meeting - 6/1/2022, link attached hereto as Exhibit E.)

45. Township Council ignored this third cautioning by Solicitor Kilkenny, moving

forward with a vote on the forfeiture of Mr. Rongione’s office as CAO.

46. At least one Council member, Council member Hafiz Tunis, Jr., noted that he

preferred to speak directly with Solicitor Boggs and that Township Council had not spoken with

Solicitor Boggs regarding his advice on this specific matter. (See Township Council Meeting at

3:57:05, Upper Darby Council Meeting - 6/1/2022, link attached hereto as Exhibit E.)

47. Upon information and belief no Council member, including Defendant Council

member Wagner sought advice from Solicitor Boggs on the legality of the agenda and vote to

forfeit the CAO’s office.

48. Indeed, many members of the public were constructively kept out of the meeting

due to the insufficient notice provided in the published agenda, which made no mention of a vote

concerning the forfeiture of the CAO’s position.

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 49. Council member Andrew Hayman stated that he was eager to vote so that the matter

could proceed to the Courts where he presumed that “the CAO would win.” (See Township Council

Meeting at 3:58:57, Upper Darby Council Meeting - 6/1/2022, link attached hereto as Exhibit E.)

50. In contravention of all competent legal advice provided to the Upper Darby

Township Counsel and an objection from Council member Tunis, Jr., Township Council voted to

forfeit the CAO’s office by a vote pursuant to Article V, §C-501(C)(1), which deals with

qualifications to hold the position of CAO.

51. On June 6, 2022, the Upper Darby Township’s appointed Conflict Solicitor, Robert

W. Scott, P.C., issued an opinion letter stating that the Upper Darby Township Council was in

violation of the Sunshine Act as well as the Home Rule Charter. (See Conflict solicitor opinion

letter, attached hereto as Exhibit F.)

52. Despite the foregoing opinion letter issued by the Township’s Conflict Solicitor,

Defendant Council persisted in its attempts to forfeit the office of the Chief Administrative Officer

by filing a Petition for Declaratory Judgment.

DEFENDANT COUNCIL VIOLATES THE HOME RULE CHARTER

53. Article V, §C-501(B)-Dismissal of the Home Rule Charter, clearly states that the

Mayor shall have the authority to discharge the CAO subject to the approval of a majority of

Council members.

54. Mayor Keffer opposes the Township Council’s dismissal of Mr. Rongione and any

forfeiture of his office as CAO.

55. In an effort to avoid the Home Rule Charter’s clear requirements for dismissal of

the CAO, the Township Council put on a charade to effect the dismissal of the CAO pursuant to

11
Article V §C-501(C)(1)[dealing with forfeiture of the office due to a lack of qualifications to hold

the position of CAO].

56. Township Council had no legitimate reason to find that Mr. Rongione lacked

qualifications as prescribed by law or the Home Rule Charter to maintain the office of Chief

Administrative Officer.

57. Article V, §C-502-Qualifications, requires only that the CAO have “executive and

administrative qualifications, with a background as to prepare the appointee to assume the

responsibility of administering Township programs.” (See Home Rule Charter, Article V§ C-502

attached hereto as Exhibit A.)

58. Mr. Rongione holds a bachelor’s degree from Villanova University as well as a

Juris Doctorate from the Villanova University School of Law.

59. Mr. Rongione has nearly twenty-years of experience working in government and

politics as well as various public service administrations, including two-and-a-half years as the

Chief Administrative Officer of Upper Darby Township, prior to the instant bogus vote.

60. Upon information and belief, during the meeting, an improper and voidable motion

was made to forfeit the office of Chief Administrative Officer held by Mr. Rongione.

61. Five Council members opposed the motion and at least one Council member, Tunis

Jr., voiced unreadiness concerning Council’s authority.

62. Council member Hayman did not object to the vote with the stated intent of moving

the matter to the Courts for a judicial decision in Mr. Rongione’s favor.

63. The vote passed by a simple majority of six in-favor, five-opposed (6-5).

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 64. In February 2022, this same voting block of six Council members, i.e., the six

named Defendants, opposed the efforts of the Mayor’s administration’s proposed budget for the

allocation of the funds.

65. The same voting block of six held up the release of the ARPA funds, requiring a

special meeting in February to release a portion of the funds in order for the Township to meet its

payroll obligations.

66. If Defendant Township Council had followed the Home Rule Charter’s

requirements for dismissal of the CAO, the motion would not have succeeded.

67. Upon information and belief, the Mayor would not have moved for the dismissal

Mr. Rongione as CAO.

68. The six named Defendants knew this information and conspired to do an end-

around to remove the Mayor from the dismissal procedure, in violation of the Home Rule Charter.

69. Upon information and belief, prior to the bogus vote, the voting block of six had a

secret discussion concerning the removal of the CAO.

70. Despite the thrice given advise of the Township regular Solicitor during the

Township Council meeting and the written position opinion given by the Township Conflict

Solicitor, the six named Defendants conspired and took affirmative steps to remove Mr. Rongione

from the duly appointed position of Chief Administrative Officer of the Upper Darby Township.

THE FALLOUT OF THE ILLEGAL MEETING AND VOTE

71. On January 31, 2020, Mr. Rongione issued a memorandum to Council plainly

stating the appropriate manner by which Township Council and constituent concerns should be

addressed in accordance with the Home Rule Charter (See Rongione memorandum, attached

hereto as Exhibit G.)

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 72. Despite the guidance provided by Mr. Rongione in his January 31, 2020

memorandum, Defendant Wentz, in violation of the Home Rule Charter, and acting on behalf of

Defendant Council directly and repeatedly approached and harassed members of the Upper Darby

administration in an attempt to undermine and disrupt Mr. Rongione’s efforts as Chief

Administrative Officer. (See Rongione Work Environment email attached hereto as Exhibit H.)

73. As of June 6, 2022, in violation of the Home Rule Charter, Defendant Council

President Burke contacted Rose Rice, Special Assistant to the Mayor, on multiple occasions

attempting to direct her work.

74. On June 5, 2022, Defendant Wentz entered the administrative offices to have Mr.

Rongione forcibly removed and barred from his office.

75. Named Defendants also attempted to direct the police department to prevent Mr.

Rongione from entering his office.

76. Upon information and belief, no member of any department within the Township

acknowledges the authority of the Township Council to remove the CAO from office.

77. Township Council, through the actions of the six named Defendants, has been

forced to resort to intimidation and harassment of Township employees in attempts to enforce the

bogus vote to remove the CAO from office.

78. Defendants’ actions have not only harmed Mr. Rongione, but they have harmed

and will continue to harm Upper Darby Township and its residents.

79. As CAO, Mr. Rongione was in the midst of overseeing a plan to reorganize the

Upper Darby Township Accounting procedures and banking relationships as well as administering

the ARPA funds as he did throughout the COVID-19 pandemic.

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 80. At the time of Defendants’ unlawful actions, Mr. Rongione was in the midst of

performing various administrative duties and directing Township personnel.

81. Mr. Rongione, Upper Darby Township and its residents will all be irreparably

harmed if Defendants’ actions are not reversed immediately.

COUNT I
Plaintiff vs. All Defendants
(Violation of Pennsylvania Sunshine Act)

82. Plaintiff incorporates by reference the preceding paragraphs as though set forth

fully herein.

83. Defendants, individually and collectively committed several violations of the

Pennsylvania Sunshine Act in connection with the illegal June 1, 2022 Township Council Meeting

including the following:

a. Defendants held an improper “meeting” under the Sunshine Act because the

gathering of the Board was improper and violated the notice requirements for

providing sufficient notice to members of the public;

b. Defendant Council failed to provide the requisite public notice of its intention

to vote on the removal of the CAO from his office;

c. Defendants failed to provide the public with a reasonable opportunity to provide

comment on issues before the Council by not providing the requisite public

notice of the agenda items; and

d. Defendants failed to recognize and address objections raised by Council

members during the Township Council Meeting.

84. Defendants acted willfully and with wanton disregard for the Pennsylvania

Sunshine Act, (65 PA. CONS. STAT. § 701, et al.)

15
 85. As a direct and proximate result of Defendants intentional and willful actions, Mr.

Rongione was significantly harmed and continues to be harmed, including attempts to undermine

his authority as Chief Administrative Officer and interference with his duties as Chief

Administrative Officer.

WHEREFORE, Plaintiff seeks the following:

• a declaratory judgment declaring the June 1, 2022 vote to be invalid and improper and

declaring that the vote to forfeit the office of Chief Administrative Officer be nullified;

• injunctive relief preventing Defendants from acting on the results of the vote to forfeit

the office of Chief Administrative Officer;

• a judgment against Defendants Burke, Andruszko, Wentz, Wagner, Faraglia, and

Silva, jointly and severally for compensatory and punitive damages in an amount in

excess of fifty thousand dollars ($50,000.00), plus such attorney’s fees and reasonable

costs and relief as the Court may allow, including criminal penalties and fines if

permitted under the Act.

COUNT II
Plaintiff vs. Defendants Burke, Andruszko, Wentz, Wagner, Faraglia, and Silva
(Civil Conspiracy)

86. Plaintiff incorporates by reference the preceding paragraphs as though set forth

fully herein.

87. Defendants combined, discussed, and agreed to commit unlawful acts against Mr.

Rongione, including, but not limited to, breaching of the contract between Mr. Rongione and the

Upper Darby Township and violating the Pennsylvania Sunshine Act.

88. Defendants took specific acts in furtherance of their common purpose including

purposefully excluding the Mayor from the dismissal process of Mr. Rongione’s employment as

16
Chief Administrative Officer; preventing Council members from conferring with Council’s

solicitor prior to illegally voting on a matter in violation of the Sunshine Act; preventing members

of the public from participating in the public comment by publishing a deceptive agenda; and

acting on the results of the illegal vote to deny Mr. Rongione the opportunity to serve in his rightful

position as Chief Administrative Officer .

89. As a direct and proximate result of Defendants actions, Mr. Rongione suffered and

continues to suffer emotional distress, mental anguish, embarrassment, harassment and the denial

of his position as Chief Administrative Officer.

WHEREFORE, Plaintiff demands judgment against Defendants, jointly and severally for

compensatory and punitive damages in an amount in excess of fifty thousand dollars ($50,000.00),

plus attorney’s fees and such reasonable costs and relief as the Court may allow.

COUNT III
Plaintiff vs. Defendants Burke, Andruszko, Wentz, Wagner, Faraglia, and Silva
(Breach of Contract)

90. Plaintiff incorporates by reference the preceding paragraphs as though set forth

fully herein.

91. The Home Rule Charter constituted a contract that defined the terms in which the

Council would confirm and dismiss the Chief Administrative Officer. (See Home Rule Charter,

attached hereto as Exhibit A.)

92. Mr. Rongione entered into this contract to serve as Chief Administrative Officer

and was confirmed on January 6, 2020 when he accepted his appointment as Chief Administrative

Officer.

93. Defendants breached this contract by failing to adhere to the provisions of the Home

Rule Charter that govern the dismissal of a Chief Administrative Officer, and instead removed Mr.

17
Rongione from his position by making false allegations; claiming a lack of qualifications; and

taking an illegal and invalid vote in violation of the Pennsylvania Sunshine Act.

94. As a direct and proximate result of Defendants’ breach, Mr. Rongione suffered and

continues to suffer emotional distress, mental anguish, embarrassment, harassment and the denial

of his position as Chief Administrative Officer of Upper Darby Township.

WHEREFORE, Plaintiff demands judgment against Defendants, jointly and severally for

compensatory and punitive damages in an amount in excess of fifty thousand dollars ($50,000.00),

plus attorney’s fees and such reasonable costs and relief as the Court may allow.

Respectfully submitted,

MINCEY FITZPATRICK ROSS, LLC

/s/_Thomas O. Fitzpatrick
Thomas O. Fitzpatrick, Esq.
Date: July 1, 2022 ONE LIBERTY PLACE
1650 MARKET ST., SUITE 3600
PHILADELPHIA, PA 19103
(215) 587-0006 (office)
(215) 587-0628 (fax)
[email protected]
Counsel for Plaintiff Vincent Rongione

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 VERIFICATION

I, Thomas Fitzpatrick, verify that I am Counsel for Vincent Rongione and I am authorized
to make the statements set forth in the foregoing Civil Action Complaint which are true and correct
to the best of my knowledge, information, and belief; I understand that these statements are made
subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities.
Executed on July 1, 2022.

/s/_Thomas O. Fitzpatrick
THOMAS O. FITZPATRICK, ESQUIRE
Exhibit A
 Chapter C

CHARTER

[HISTORY: Adopted by the Township Council of the Township of Upper Darby

5-21-1974. Amendments noted where applicable.]

C:1
§ C-101 CHARTER § C-102

ARTICLE I
Name and Boundaries

§ C-101. Name.
Upper Darby Township shall continue to be a municipal corporation under the name of
"Upper Darby Township." As used in this Charter, the word "Township" shall mean the
Home Rule Charter Township of Upper Darby in Delaware County, Pennsylvania.

§ C-102. Boundaries.
The boundaries of the Township shall be the actual boundaries of the Township on the
effective date of the Charter and as may be lawfully changed thereafter.

C:3
§ C-201 CHARTER § C-203

ARTICLE II
Powers of the Township

§ C-201. Township Powers.

The Township shall have and may exercise any power and function not denied by
the Constitution of Pennsylvania, the General Assembly of the Commonwealth of
Pennsylvania, or this Charter.

§ C-202. Construction.
The powers and functions of the Township shall be liberally construed in favor of the
Township. Any specific mention of powers in this Charter shall not be construed as
limiting in any way the general powers of the Township as stated in this Article.

§ C-203. Intergovernmental Relations.

The Township may exercise any of its powers or perform any of its functions and may
participate in the financing thereof, jointly or in cooperation, by contract or otherwise,
with the United States of America or any agency thereof and/or the Commonwealth of
Pennsylvania and any political subdivision or agency thereof.

C:5
§ C-301 CHARTER § C-306

ARTICLE III
Township Council

§ C-301. Name.
The legislative branch of the government of Upper Darby Township shall consist of an
elective governing body, which shall be known as the "Upper Darby Township Council."
As used in this Charter, the word "Council" shall apply to the legislative body of Upper
Darby.

§ C-302. Powers of Council.

A. All legislative powers of the Township shall be exclusively vested in and exercised
by the Council except as otherwise provide by law or by this Charter, and the
Council shall provide for the exercise thereof and for the performance of all duties
and obligations imposed on the Township by law.
B. Council shall have the power to make and adopt ordinances and resolutions
consistent with the Constitution and laws of this Commonwealth and with this
Charter and to prescribe fines and penalties for the violation thereof.

§ C-303. Composition.
Except as provided in Article XI, Council shall be composed of 11 members. Seven
members shall be elected from districts. Four members shall be elected at-large. District
Council members shall be nominated and elected by the qualified voters of their
respective districts; Council members-at-large shall be nominated and elected by the
qualified voters of the Township-at-large.

§ C-304. Qualifications for Member of Council.

Council members shall be citizens of the United States and qualified electors of their
district, or of the Township if they are Council members-at-large. District Council
members shall have been residents of their respective districts for at least one year
preceding the date on which they shall assume office and shall remain residents of
their districts throughout their term of office. Council members-at-large shall have been
residents of the Township for at least one year preceding the date on which they shall
assume office and shall remain residents of the Township throughout their term of office.

§ C-305. Terms for Members of Council.

A. Except as provided in Article XI, Council members shall be elected to serve
staggered four-year terms. Three District Council members and two Council
members-at-large shall be elected at the same municipal election at which the
Mayor is elected. The remaining Council members (including four from districts
and two at-large) shall be elected at the next municipal election. Election of Council
members shall continue to alternate in this manner.
B. Members appointed to fill a vacancy shall serve until the expiration of the original
Council member's term.

C:7
§ C-306 UPPER DARBY CODE § C-308

§ C-306. Prohibitions.
A. No Council member, during his term, shall hold any other compensated position in
the government of Upper Darby Township.
B. Council shall in all matters act as a body, and it is contrary to the spirit of this
Charter for any member of Council to publicly or privately interfere with the
administration of the Township.

§ C-307. Vacancies: Forfeiture of Office; Filling of Vacancies.

A. Vacancies. The office of a Council member shall become vacant upon death,
resignation, removal from office in any manner authorized by this Charter or by
law, or forfeiture of office. The office of a Council member who is President of
Council shall not become vacant during the time such Council member assumes the
office of Mayor pursuant to § C-405, until and unless such Council member notifies
Council that he intends to serve out the unexpired term of the Mayor or the
expiration of the time limit set forth in § C-405D (relating to notification if the
President of Council decides not to serve). [Amended 1-20-1988 by Ord. No.
27141]
B. Forfeiture of Office. A Council member shall forfeit his office if he:
(1) Lacks at any time during his term of office any qualifications for the office
prescribed by this Charter or by law;
(2) Willfully violates any express, substantive prohibition of this Charter;
[Amended 1-20-1988 by Ord. No. 2714]
(3) Is convicted of a crime involving moral turpitude; or
(4) Fails to attend more than four consecutive Council meetings without being
excused by the President of Council.
C. Filling of Vacancies. A vacancy in Council shall be filled by the remaining
members of Council, who shall by a majority vote of all its remaining members
appoint a qualified person for the remainder of the unexpired term. If Council shall
refuse, fail or neglect, or be unable for any reason whatsoever to fill a vacancy
within 45 days after the vacancy occurs, whether declared by Council or not, then
the Court of Common Pleas shall, upon petition of Council, of any individual
member of Council, or of 25 qualified electors of the Township, fill the vacancy in
such office by the appointment of a qualified elector of the Township. Any person
appointed to fill a vacancy shall possess all the qualifications of members of
Council as set forth in this Charter.

§ C-308. Judge of Qualification.

The Council shall be the judge of the election and qualifications of its members and
of the grounds for forfeiture of their office and, for that purpose, shall the power to
subpoena witnesses, administer oaths, and require the production of evidence. A member

1. Editor's Note: Approved at election held 4-26-1988.

C:8
§ C-308 CHARTER § C-311

charged with conduct constituting grounds for forfeiture of his office shall be entitled
to a public hearing on demand, and notice of such hearing shall be published in one or
more newspapers of general circulation in the Township at least one week in advance of
the hearing. Decisions made by the Council under this section shall be subject to review
by the courts.

§ C-309. Compensation of Council Members.

A. Each Council member shall receive an annual salary of $5,000 or such other sum as
the Council may from time to time ordain; provided, however, that no ordinance
increasing such salary shall become effective until the date of commencement of
the terms of Council members elected at the next municipal election and provided
that such election follows the adoption of such ordinance by at least six months and
that said salary increase shall not exceed a rate of 5% compounded per annum for
each year since the last salary was adopted.
B. In addition to the compensation provided to Council members pursuant to
§ C-309A, Council members shall be entitled to receive the same health care
insurance, life insurance and pension benefits as are made available from time to
time to the Chief Administrative Officer pursuant to § C-503. [Added 1-20-1988
by Ord. No. 27142]
C. Except as provided in § C-309A and B, Council members shall not receive from the
Township other compensation, direct or indirect, except for reimbursement of
actual out-of-pocket expenses incurred in the performance of their duties (as
authorized by resolution). Such reimbursement shall be pursuant to procedures
established by resolution of Council. [Amended 1-20-1988 by Ord. No. 2714]

§ C-310. Organization of Township Council.

A. The Township Council shall organize at 7:30 p.m. on the first Monday of January
of each year following the municipal election by electing one of their number as
President and one of their number as Vice President. If the first Monday is a legal
holiday, the meeting shall be held on the first day following.
B. The President of Council or, in his absence, the Vice President shall preside at
Council meetings. In the absence of both the President and Vice President, the
members of Council shall elect, by majority vote of the members comprising the
quorum then present, a chairman pro tem, who shall hold office during that meeting
of Council, unless such office shall be terminated by the entrance of the President
or Vice President. The President and Vice President shall on all questions have and
may exercise the vote to which each is entitled as a Council member. [Amended
1-20-1988 by Ord. No. 2714]
C. The Council may organize in any manner it deems useful to the exercise of its
responsibilities and powers, provided that such organization is not inconsistent with
this Charter or law.

§ C-311. Procedures.

2. Editor's Note: Approved at election held 4-26-1988.

C:9
§ C-311 UPPER DARBY CODE § C-311

A. Meetings. Council shall meet regularly at least twice in each month at such times
and places as Council may prescribe by rule. Meetings shall be held with such
notice as prescribed in the Pennsylvania Sunshine Act or successor statute.
[Amended 1-20-1988 by Ord. No. 2714]
B. Public Meetings.
(1) Public meetings shall be held regularly at least once in each month at such
times and places as Council may prescribe by rule.
(2) Up to the first 1/2 hour of all public meetings shall be devoted to a public
forum where concerned persons may address the Council. Persons who wish
to address the Council at such public forum shall be given the opportunity to
sign their names to a sign-in sheet which Council shall make available
immediately preceding its public meeting. Persons who wish to address the
Council shall be recognized in the order in which they have signed their names
to the sign-in sheet. Council may, by majority vote, extend the time of the
public forum. [Amended 1-20-1988 by Ord. No. 2714]
(3) At all public meetings, Council may recess for the purpose of discussing in an
executive session limited to its own membership any matter which may be
discussed at an executive session held in compliance with the provisions of the
Sunshine Act or successor statute. [Amended 1-20-1988 by Ord. No. 2714]
C. Special and Emergency Meetings. [Amended 1-20-1988 by Ord. No. 2714]
(1) Special meetings shall be held on the call of the Mayor and/or the President of
Council and/or a majority of the members of Council. Whenever practicable,
Council members shall receive notification of special meetings at least 24
hours in advance. Public notice of each special meeting shall be given of the
place, date and time such meeting is to be convened in accordance with the
Sunshine Act, as amended from time to time.
(2) Emergency meetings may be held without public notice on the call of the
Mayor and/or the President of Council and/or a majority of members of
Council for the purpose of dealing with a real or potential emergency
involving a clear and present danger to life or property.
D. Quorum. Council shall conduct no business except in the presence of a quorum,
which shall be constituted by a majority of the members of Council then in office.
[Amended 1-20-1988 by Ord. No. 2714]
E. Rules of Procedure. Council shall, by ordinance, adopt rules of procedure for its
members which shall be designed to assure orderly procedure and full and equal
participation in the deliberations of Council by all of its members. [Amended
1-20-1988 by Ord. No. 2714]
F. Official Actions. Official actions by Council shall be taken only at a public meeting
by the adoption of an ordinance, a resolution, or a motion. [Amended 1-20-1988
by Ord. No. 2714]
(1) Voting on ordinances shall be by roll call vote. Voting on resolutions and
motions shall be by roll call vote only at the request of any Council member.
C:10
§ C-311 CHARTER § C-313

The vote of each Council member who actually votes on any official action
must be publicly cast and, in the case of roll call votes, recorded.
(2) Except as provided in Subsection F(1), the approval of a simple majority of
those present and entitled to vote shall be required to adopt ordinances,
resolutions and motions. If a tie vote occurs, the Mayor shall cast a vote to
break such tie.
(3) The affirmative vote of six Council members shall be necessary to approve
ordinances proposing amendments to this Charter and ordinances amending
the Township's Administrative Code adopted pursuant to this Charter.
G. The Mayor shall have the right to be present at and to participate in all meetings of
Council. He shall not have the right to vote except as otherwise herein provided.
The Chief Administrative Officer shall have the right to be present at all meetings
of Council.
H. Journal. Council shall provide for the keeping of a journal of its proceedings, which
shall include, but need not be limited to, written minutes and other records required
to be maintained by the Township pursuant to the Sunshine Act or successor statute.
This journal shall be a public record. [Amended 1-20-1988 by Ord. No. 2714]
I. Electronic Recordings. Council shall provide for electronic recordings of all public
meetings. These recordings shall be preserved for a period of at least two years,
open to the public for inspection during reasonable hours, and kept at the office of
the Township.
J. Agendas. The agendas of public meetings shall be made available to the public by
noon of the day preceding the public meeting.

§ C-312. Records and Reports. [Amended 1-20-1988 by Ord. No. 27143]

The written record of the minutes and proceedings of the Council, all ordinances and
resolutions as approved, and all reports received by Council shall be open and available
for public inspection during reasonable hours at the Township's office, except, however,
that reports which may tend to defame or prejudice the character or reputation of any
person may be excluded by Council from public inspection. The provisions of this
Section do not apply to records and reports relating to matters which may be discussed
at an executive session of the Council. No citizen of the Township or other interested
person shall be denied reasonable access to public records of the Township. Copies of
minutes, ordinances, resolutions and other official reports and actions of the Council
shall be available to the public without charge or at a reasonable fee established from
time to time by the Council by resolution.

§ C-313. Council Districts.

A. Councilman districts shall be formed of compact, contiguous territory with
boundary lines following the center line of streets or natural or man-made barriers
or dividing lines which shall contain as nearly as possible the same number of
residents as determined by the 1970 official census with no more than a 10%

3. Editor's Note: Approved at election held 4-26-1988.

C:11
§ C-313 UPPER DARBY CODE § C-315

variance from the mean in any such district.

B. At least once in each decade in conjunction with the census of the Federal
Government, Council shall review Council districts to see that they meet the criteria
set forth in this Charter and in law. If districts do not meet these criteria, Council
shall adopt, by ordinance, new boundary lines for Council districts.4

§ C-314. Investigations.
The Council may, by majority vote, make investigations into the affairs of the Township
and the conduct of any Township department, office or agency and, for this purpose,
may subpoena witnesses, administer oaths, take testimony, and require the production of
evidence.

§ C-315. Independent Audit.

The Council shall provide for an independent annual audit of all Township accounts
and may provide for such more frequent audits as it deems necessary. Such audits shall
be made by a certified public accountant or firm of such accountants who have no
personal interest, direct or indirect, in the fiscal affairs of the Township government or
any of its officers. The Council may, without requiring competitive bids, designate such
accountant or firm annually or for a period not exceeding three years, provided that the
designation for any particular fiscal year shall be made no later than 30 days after the
beginning of such fiscal year.

4. Editor's Note: The Township Council, on November 19, 2014, by adoption of Ord. No. 3017, adopted the redistricting
plan presented by the Upper Darby Township Redistricting Committee on October 8, 2014.

C:12
§ C-401 CHARTER § C-403

ARTICLE IV
The Mayor

§ C-401. Qualifications and Term of Office.

The executive power of the government of the Township of Upper Darby shall be vested
in a Mayor, who shall be a qualified elector of the Township and shall have resided in the
Township for a period of at least one year preceding the date on which he will assume
office. The Mayor shall be nominated and elected by qualified electors of the Township-
at-large, in accordance with the laws of the Commonwealth of Pennsylvania, to serve
for a term of four years in the manner hereinafter provided. The Mayor shall continue to
reside within the Township during his term of office. No person shall be elected to the
office of Mayor for more than three successive terms.

§ C-402. Prohibitions.
The Mayor shall not hold any other compensated position in the government of the
Township of Upper Darby.

§ C-403. Powers and Responsibilities of Mayor.

The Mayor, in addition to any other power and responsibilities provided in this Charter,
shall:
A. Supervise and control, either directly or through subordinate employees, all the
administrative departments and divisions of the Township.
B. Execute and enforce all laws, ordinances, and resolutions and see that they are
faithfully obeyed.
C. Appoint, with the approval of six members of Council, a Chief Administrative
Officer.
D. Have the right to be present at and to participate in all Council meetings and to
recommend to Council such ordinances and resolutions as he deems necessary and
desirable; provided, however, that he may not vote in Council meetings except in
the case of a tie, as otherwise provided herein.
E. Submit to the Council an annual report describing the state of affairs of the
Township.
F. Prepare and submit to the Council the annual budget and capital program of the
Township.
G. Report to the public, at least once a year, on the state of affairs of the Township.
H. Execute, or cause to be executed on the Township's behalf, all deeds, contracts, and
other instruments to which the Township is a party.
I. Have the power to approve or veto legislation as set forth in § C-404 of this Article.
J. Appoint, with the approval of six members of Council, all members of authorities,
boards, and commissions except as otherwise provided in law.

C:13
§ C-403 UPPER DARBY CODE § C-405

K. Have the power to appoint and to dissolve from time to time voluntary committees
of citizens to assist and advise him on issues and matters pertaining to his office.
L. Represent the Township in deliberations with other governmental bodies and shall
have the authority to negotiate intergovernmental cooperative agreements, which
shall be subject to the final ratification of Council.
(1) The Mayor may appoint an appropriate delegate to perform the functions listed
within this paragraph.
M. Have all necessary and incidental powers to perform and exercise any of the duties
and functions of his office as set forth in this Charter or lawfully delegated to him.

§ C-404. Veto Powers of the Mayor.

Every ordinance and resolution passed by Council shall be sent to and received by the
Mayor within three days from its adoption. The Mayor may approve such legislation
by signing it within a period of 10 days after its passage by Council. The Mayor may
disapprove (veto) such legislation by not signing it, but in such cases he shall return it to
Council within 10 days after its adoption with a written statement of his objections. If the
Mayor shall neither sign nor veto such legislation within the above specific time period,
then it shall take effect in the same manner as if he had signed it on the last day of said
ten-day period. Following the veto by the Mayor, Council may reconsider the legislation;
and it shall take effect if it is approved by seven members of Council notwithstanding
the veto of the Mayor.

§ C-405. Vacancy in the Office of Mayor.

A. Temporary Absence. During any period when the Mayor shall be absent,
temporarily incapacitated, or unable for any cause to perform his duties, these
duties shall be assumed by the President of Council, who shall become acting
Mayor, and in the absence of the President of Council, by whomever Council shall
appoint.
B. Vacancy. The office of Mayor shall become vacant upon his death, resignation,
removal from office in any manner authorized by this Charter or by law, or
forfeiture of his office.
C. Forfeiture of Office. The Mayor shall forfeit his office if he:
(1) Lacks at any time during his term of office any qualification for the office as
prescribed by this Charter or by law;
(2) Willfully violates any express, substantive prohibition of this Charter;
[Amended 1-20-1988 by Ord. No. 2714]
(3) Is convicted of a crime involving moral turpitude.
D. Filling of Vacancy. If the office of Mayor shall become vacant, the President of
Council shall become Mayor and shall serve out the unexpired term of the Mayor.
If the President of Council should be unable or unwilling to serve as Mayor, and so
informs the Council in writing within 45 days of the occurrence of the vacancy in
the office of Mayor, the Council shall choose, by majority vote of the members then
C:14
§ C-405 CHARTER § C-406

serving (including the vote of the President of Council then serving as Mayor),
another of its members to serve out the unexpired term of the Mayor, and the
President of Council then serving as Mayor shall resume his office as a member
and as President of Council. If the President of Council does not so inform the
Council within such forty-five day period, the President of Council shall remain as
Mayor until the earlier of the end of the unexpired term of the Mayor, his death,
resignation, removal from office in any manner authorized by this Charter or by
law, or forfeiture of office. Except as provided with respect to the forty-five-day
notice period provided above, if the President or other member of Council becomes
Mayor for longer than the foregoing forty-five-day period, his office as Council
member shall become vacant. [Amended 1-20-1988 by Ord. No. 2714]

§ C-406. Compensation of Mayor. [Amended 1-20-1988 by Ord. No. 27145]

A. The Mayor's salary shall be $10,000 per annum. Such salary shall be increased by
Council only when the salaries of Council members are increased. In this case, the
Mayor's salary shall automatically increase by the same percent by which Council
members' salaries have been increased. Salary increases for the Mayor shall become
effective on the same date as those of Council members.
B. In addition to the salary provided to the Mayor pursuant to § C-406A, the Mayor
shall be entitled to receive the same health care insurance, life insurance and
pension benefits as are made available from time to time to the Chief
Administrative Officer pursuant to § C-503.
C. Except as provided in § C-406A and B, the Mayor shall not receive from the
Township other compensation, direct or indirect, except for reimbursement of
actual out-of-pocket expenses incurred in the performance of his duties. Such
reimbursement shall be pursuant to procedures established by resolution of Council.

5. Editor's Note: Approved at election held 4-26-1988.

C:15
§ C-501 CHARTER § C-504

ARTICLE V
Chief Administrative Officer

§ C-501. Appointment and Dismissal.

A. Appointment. The Chief Administrative Officer shall be appointed by the Mayor
with the approval of six members of Council. If Council fails to confirm or reject
such appointment within 30 days after it is submitted to Council, such appointment
shall become final.
B. Dismissal. The Mayor shall have the authority to discharge the Chief
Administrative Officer, subject to the approval of a majority of Council members
then in office. [Amended 1-20-1988 by Ord. No. 27146]
C. Forfeiture of Office. The Chief Administrative Officer shall forfeit his office if he:
[Added 1-20-1988 by Ord. No. 2714]
(1) Lacks at any time during his term of office any qualification for the office as
prescribed by this Charter or by law;
(2) Willfully violates any express, substantive prohibition of this Charter;
(3) Is convicted of a crime involving moral turpitude.

§ C-502. Qualifications.
The Chief Administrative Officer shall be appointed solely on the basis of executive and
administrative qualifications, with a background so as to prepare the appointee to assume
the responsibility for administering Township operations.

§ C-503. Compensation.
Compensation for the Chief Administrative Officer shall be determined by Council.

§ C-504. Powers and Duties of the Chief Administrative Officer.

A. Under the direction of the Mayor, the Chief Administrative Officer shall have
primary authority for the following activities:
(1) Maintain the accounting system and accounting records;
(2) Maintain budgetary records and assure that all expenditures are in accordance
with the budget;
(3) Purchase supplies and equipment;
(4) Maintain personnel files and records and maintain a description of all jobs and
pay scales.
B. The Chief Administrative Officer shall serve as deputy to the Mayor and shall
supervise and direct such department, agencies, and activities [in addition to those

6. Editor's Note: Approved at election held 4-26-1988.

C:17
§ C-504 UPPER DARBY CODE § C-504

enumerated in Subsection A(1) above] as shall be delegated to him by the Mayor.

C. The Chief Administrative Officer (or another official designated by the
Administrative Code, under the direction of the Chief Administrative Officer) shall
take charge of all Township moneys from all sources and promptly deposit the same
in a bank, banking institution, or trust company in the name of the Township and
keep distinct accounts of all sums received from taxes and other sources, which
accounts shall at all times be open to the inspection of the Mayor, members of
Council, and Auditors appointed by Council. [Added 1-20-1988 by Ord. No. 2714]
D. The Chief Administrative Officer (or another official as designated by the
Administrative Code, under the direction of the Chief Administrative Officer) shall
be Tax Collector and shall collect all taxes levied by the Township. The Chief
Administrative Officer shall not collect taxes on behalf of any agency, other than
the Township, which has the authority to impose taxes. The Chief Administrative
Officer shall, in addition to the powers and duties enumerated herein, have all the
powers and perform all the duties and be subject to all the obligations and
responsibilities as are now, by law, vested in, conferred upon, or imposed upon a
collector of taxes levied by the Township. [Added 1-20-1988 by Ord. No. 2714]

C:18
§ C-601 CHARTER § C-605

ARTICLE VI
Township Treasurer

§ C-601. Qualifications and Term of Office.

The Township Treasurer shall be nominated and elected by qualified electors of the
Township-at-large. He shall serve a four-year term commencing in January 1978. The
Treasurer shall be a resident of the Township and shall continue to reside within the
Township during his term of office.

§ C-602. Powers and Duties of the Treasurer. [Amended 1-20-1988 by Ord. No.
27147]
The Treasurer shall disburse Township moneys in accordance with procedures
established by the Council in the Administrative Code. No such order shall be paid
unless there is a sufficient appropriation.

§ C-603. Vacancy.
Vacancies in the office of Treasurer shall be filled by Council for the remainder of the
unexpired term.

§ C-604. Compensation. [Amended 1-20-1988 by Ord. No. 2714]

Council, by resolution, shall determine the salary and benefits, if any, of the Treasurer.

§ C-605. Forfeiture of Office. [Added 1-20-1988 by Ord. No. 2714]

A. The Treasurer shall forfeit his office if he:
(1) Lacks at any time during his term of office any qualification for the office as
prescribed by this Charter or by law;
(2) Willfully violates any express, substantive prohibition of this Charter;
(3) Is convicted of a crime involving moral turpitude;
(4) Directly or indirectly collects taxes for any agency other than the Township
which has the authority to impose taxes.

7. Editor's Note: Approved at election held 4-26-1988.

C:19
§ C-701 CHARTER § C-702

ARTICLE VII
Ordinances

§ C-701. Actions Requiring an Ordinance.

A. In addition to other acts required by law or by specific provision of this Charter to
be done by ordinance, those acts of the Township Council shall be done by
ordinance which:
(1) Adopt or amend the Administrative Code;
(2) Provide for a fine or other penalty or establish a rule or regulation for violation
of which a fine or other penalty is imposed; provided, however, that actions
establishing traffic regulations shall not require an ordinance although a fine
or penalty may be provided therein;
(3) Levy taxes and appropriate funds for operating and capital expenditures.
Increases in the real property tax rate are limited to a maximum of three mills
or 5% of the prior year's budget per annum, approved through the action of
public referendum.
(4) Grant, renew or extend a franchise;
(5) Authorize the borrowing of money, except loans in anticipation of taxes;
(6) Authorize the purchase or conveyance of fee simple title to real property,
provided that the leasing of real property and the acquisition or conveyance of
rights-of-way shall not require the enactment of an ordinance, but that such
actions shall be approved by Council by resolution; [Amended 1-20-1988 by
Ord. No. 2714]
(7) Amend or repeal any ordinance previously adopted;
(8) Establish, alter, or amend any zoning ordinance, subdivision procedure, land
development and land use regulations;
(9) Create a Charter commission or proposals for Charter amendments;
(10) Any power and function which the Township may exercise that does not
require an ordinance under this section may be enacted by resolution upon
approval of a majority of Council.

§ C-702. Ordinances in General.

A. Form. Every proposed ordinance shall be introduced in writing and in the form
required for final adoption. No ordinance shall contain more than one subject,
which shall be clearly expressed in its title. The enacting clause shall be "Upper
Darby Township hereby ordains..." Any ordinance which repeals or amends an
existing ordinance shall set out in full the ordinance sections or subsections to be
repealed or amended, and shall indicate matter to be omitted by enclosing it in
brackets or by strikeout type, and shall indicate new matter by underscoring or by
italics. [Amended 1-20-1988 by Ord. No. 2714]

C:21
§ C-702 UPPER DARBY CODE § C-703

B. Procedure. A proposed ordinance may be introduced by any member of Council at

any public meeting. Upon introduction of any proposed ordinance, a copy shall be
distributed to each member of Council, to the Mayor, and to the Chief
Administrative Officer; and a reasonable number of copies shall be filed in such
other public places as Council may from time to time designate. Council shall
provide for the publication of the proposed ordinance or a summary thereof,
together with a notice setting out the time and place for a public hearing thereon.
The public hearing shall follow the publication by at least seven days and may be
held separately or in connection with a regular or special Council meeting and may
be adjourned from time to time; all persons interested shall have an opportunity to
be heard at the public forum preceding the public meeting. After the hearing, the
Council may adopt the ordinance, with or without amendment, or reject it; but if it
is amended, the Council may not adopt it until the ordinance or its amended sections
have been subjected to all the procedures hereinbefore required in the case of a
newly introduced ordinance. When an ordinance is passed by Council, it shall be
sent within three days to the Mayor for his approval or disapproval with a statement
of the action Council has taken thereon. If said ordinance is vetoed by the Mayor, it
may be reconsidered by Council at the next public meeting and shall take effect if
approved by at least seven members of Council.
C. Effective Date. Except as otherwise provided in this Charter:
(1) Ordinances passed by Council and approved by the Mayor shall become
effective immediately after the Mayor has signed such ordinance or at any later
date specified therein;
(2) Ordinances passed by Council but neither approved nor vetoed by the Mayor
shall become effective 15 days after the last day on which the Mayor can
approve or veto such ordinance or at any later date specified therein;
(3) Ordinances passed by Council notwithstanding the Mayor's veto shall become
effective 15 days after Council's adoption of such ordinance or at any later date
specified therein.
D. "Publish" Defined. As used in this section, the term "publish" means to print at least
one time in one or more newspapers of general circulation in the Township: (1) the
ordinance or a summary thereof and (2) the places where copies of the ordinance
have been filed and the times when they are available for public inspection.

§ C-703. Emergency Ordinances.

To meet a public emergency affecting life, health, property, or the public peace, the
Council may adopt one or more emergency ordinances; but such ordinances may not
levy taxes; grant, renew or extend a franchise; or authorize the borrowing of money
except as otherwise provided by this Charter or by law. A proposed emergency
ordinance shall be introduced in the form prescribed for ordinances generally, except
that it shall be plainly designated as an emergency ordinance and shall contain, after
the enacting clause, a declaration stating that an emergency exists and describing it in
clear and specific terms. An emergency ordinance may be adopted, with or without
amendment, or rejected at the meeting at which it is introduced and shall become
effective with or without the approval of the Mayor, but the affirmative vote of at

C:22
§ C-703 CHARTER § C-705

least seven Council members shall be required for adoption. It shall become effective
upon adoption or at such later time as it may specify. Every emergency ordinance
shall automatically stand repealed as of the 61st day following the date on which it
was adopted, but this shall not prevent the reenactment of the ordinance in the manner
specified in this section if the emergency still exists. An emergency ordinance may also
be repealed by adoption of a repealing ordinance in the same manner specified in this
section for adoption of emergency ordinances.

§ C-704. Codes of Technical Regulations.

A. The Council may adopt any code of technical regulations by reference thereto in an
adopting ordinance. The procedure and requirements governing such an adopting
ordinance shall be as prescribed for ordinances generally, except that:
(1) The requirement of § C-702 of this Article for distribution and filing of copies
of the ordinance shall not be construed to include copies of the code of
technical regulations. Such code of technical regulations shall be on file in the
office of the Township for inspection by any interested person.
(2) A copy of each adopted code of technical regulations, as well as the adopting
ordinance, shall be authenticated and recorded.

§ C-705. Authentication and Recording; Codification; Printing.

A. Authentication and Recording. Ordinances and resolutions shall be authenticated
by the Mayor and attested by the Chief Administrative Officer and recorded in full
in properly indexed books.
B. Codification. Within three years after adoption of this Charter and at least every 10
years thereafter, the Council shall provide for the preparation of a general
codification of all Township ordinances and resolutions having the force and effect
of law. The general codification shall be adopted by the Council by ordinance and
shall be published promptly, together with this Charter and any amendments
thereto, pertinent provisions of the Constitution and other laws of the State of
Pennsylvania, and such codes of technical regulations as the Council may specify.
This compilation shall be known and officially cited as the "Upper Darby Township
Code." Copies of the code shall be furnished to Township officers, placed in
libraries and public offices for public reference, and made available for purchase by
the public at a reasonable price.
C. Printing. Council shall make such arrangements as it deems desirable with respect
to the printing and distribution of ordinances, resolutions, and Charter amendments.

C:23
§ C-801 CHARTER § C-803

ARTICLE VIII
Administrative Structure

§ C-801. Administrative Structure.

Council may establish departments, offices, or agencies deemed necessary for the
conduct of Township affairs and may prescribe their functions, provided that these are
not inconsistent with this Charter or with law.

§ C-802. Administrative Code.

Council shall within one year's time adopt, by ordinance, an Administrative Code
defining the administrative structure of the Township. This Administrative Code shall
describe all Township departments, offices, agencies, boards, and commissions which
Council has established and their functions and shall also provide for a code of ethics,
which shall include a conflict of interest clause. The Administrative Code may authorize
the Chief Administrative Officer to promulgate regulations dealing with the internal
organization of departments. The Administrative Code and any regulations promulgated
pursuant thereto shall be consistent with this Charter.

§ C-803. Personnel.
A. Appointment of Heads of Departments, Offices, and Agencies. The head of each
department, office, and agency shall be appointed by the Mayor with the approval
of six members of Council. Such officer shall serve under the supervision and
control of the Mayor and shall be discharged by the Mayor with the approval of
Council.
B. Appointment of Subordinates. Each department head may appoint, suspend, or
remove subordinate Township employees, provided that such decisions have
received the final approval of the Mayor and that the Mayor has received a written
recommendation from the Chief Administrative Officer.
C. Merit Principle. All appointments and promotions of Township officers and
employees shall be made solely on the basis of merit and fitness, demonstrated by
examination or other evidence of competence, regardless of sex, race, religion, or
national origin.
D. Personnel Director. The Chief Administrative Officer may appoint a personnel
director to prepare and administer personnel rules and procedures.
E. Personnel Rules. Within one year's time, the Mayor shall cause to be prepared a list
of personnel rules, which shall be submitted to the Council for adoption by
ordinance, with or without amendment, as a part of the Administrative Code. The
rules shall provide for:
(1) The classification of all Township positions, based on the duties, authority,
and responsibility of each position, with adequate provision for reclassification
whenever warranted by changed circumstances;
(2) A pay plan for all Township positions;

C:25
§ C-803 UPPER DARBY CODE § C-803

(3) Methods for determining the merit and fitness of candidates for appointment
or promotion;
(4) The policies and procedures regulating reduction in force and removal of
employees;
(5) The hours of work, attendance regulations, and provisions for sick and
vacation leave;
(6) The policies and procedures governing persons holding provisional
appointments;
(7) The policies and procedures governing relationships with employee
organizations;
(8) Policies regarding in-service training programs;
(9) Grievance procedures, including procedures for the hearing of grievances;
(10) Other practices and procedures necessary to the administration of the
Township personnel system, including a mandatory retirement age for
Township personnel.
F. Legal Officer. There shall be a legal officer of the Township, appointed by the
Mayor with the approval of six members of Council, who shall serve as chief legal
advisor to the Council, the Mayor, the Chief Administrative Officer, and all
Township departments, offices, and agencies and shall represent the Township in
all legal proceedings and shall perform any other duties prescribed by this Charter
or by law. Any elected or appointed Township official or employee, department or
agency requesting and receiving legal advice in writing from the legal officer
regarding the official functions of such official, employee, department or agency
shall be bound to follow such advice and, when followed, the recipient shall not in
any way be liable for so doing. Salary, benefits and other compensation for the legal
officer shall be determined by Council. [Amended 1-20-1988 by Ord. No. 27148]

8. Editor's Note: Approved at election held 4-26-1988.

C:26
§ C-901 CHARTER § C-905

ARTICLE IX
Financial Procedures

§ C-901. Fiscal Year.

The fiscal year of the Township shall begin on the first day of January and end on the
last day of December or at such other time as Council may ordain.

§ C-902. Submission of Budget and Budget Message.

The Mayor shall submit to Council a budget for the ensuing fiscal year and a budget
message. Submission of these items shall take place at least 60 days prior to the start of
this fiscal year or at such earlier time as Council shall establish in the Administrative
Code.

§ C-903. Budget Message.

The Mayor's message shall explain the budget both in fiscal terms and in the terms
of work programs. It shall outline proposed financial policies of the Township for the
ensuing fiscal year; describe the important features of the budget; indicate any major
changes from the current year in financial policies, expenditures, and revenues together
with the reasons for such changes; summarize the Township's debt position and include
such other material as the Mayor deems desirable.

§ C-904. Budget.
A. The budget shall provide a complete financial plan of all Township funds and
activities for the ensuing fiscal year and, except as required by law or by this
Charter, shall be in such form as the Mayor deems desirable or as the Council may
require. In organizing the budget, the Mayor shall utilize the most feasible
combination of expenditure classification by fund, organization unit, program,
purpose or activity and object. It shall begin with a clear general summary of its
contents; shall show in detail all estimated income, indicating the proposed real
property tax levy, and all proposed expenditures, including debt service, for the
ensuing fiscal year and actual income and expenditures of the preceding year. It
shall indicate in separate sections:
(1) Proposed expenditures for current operations during the ensuing fiscal year,
detailed by offices, departments, and agencies in terms of their respective work
programs, and the method of financing such expenditures;
(2) Proposed capital expenditures during the ensuing fiscal year, detailed by
offices, departments, and agencies when practicable, and the proposed method
of financing each such capital expenditures; and
(3) Anticipated net surplus or deficit for the ensuing fiscal year of each utility
owned or operated by the Township and the proposed method of its
disposition; subsidiary budgets for each utility giving detailed income and
expenditure information shall be attached as appendices to the budget.
B. The total of proposed expenditures shall not exceed the total of estimated income.

C:27
§ C-905 UPPER DARBY CODE § C-906

§ C-905. Capital Program.

A. Submission to Council. The Mayor shall prepare annually and submit to the Council
a five-year capital program at such time as Council shall establish in the
Administrative Code, but at no time shall the capital program be submitted later
than 30 days prior to the time the budget is submitted.
B. Contents. The capital program shall include:
(1) A clear general summary of its contents;
(2) A list of all capital improvements which are proposed to be undertaken during
the five fiscal years next ensuing with appropriate supporting information as
to the necessity for such improvements;
(3) Cost estimates, method of financing, and recommended time schedules for
each such improvement; and
(4) The estimated annual cost of operating and maintaining the facilities to be
constructed or acquired.
C. The above information may be revised and extended each year with regard to
capital improvements still pending or in process of construction or acquisition.

§ C-906. Council Action on Budget.

A. Notice and Hearing. The Council shall publish in one or more newspapers of
general circulation in the Township the general summary of the budget and a notice
stating:
(1) The time and places where copies of the message and budget are available for
inspection by the public; and
(2) The time and place, not less than two weeks after such publication, for a public
hearing on the budget.
B. Amendment before Adoption. After the public hearing, the Council may adopt the
budget by resolution with or without amendment. In amending the budget, it may
add or increase programs or amounts and may delete or decrease any programs or
amounts, except expenditures required by law or for debt service or for estimated
cash deficit, provided that no amendment to the budget shall increase the authorized
expenditures to an amount greater than the total of estimated income.
C. Adoption, Appropriation, Tax Levy. On or before the last day of the fiscal year
currently ending, the Council shall:
(1) Adopt the budget by resolution;
(2) Pass an appropriation ordinance; and
(3) Pass an ordinance levying taxes.

C:28
§ C-906 CHARTER § C-909

If Council fails to take these actions by this date, then the amounts appropriated
for current operation for the current fiscal year shall be deemed adopted for
the ensuing fiscal year on a month-to-month basis, with all items in it prorated
accordingly, until such time as the Council adopts a budget for the ensuing fiscal
year. Appropriations shall be made in lump sum to departments and agencies in
the following categories: personal services; material, supplies and equipment; debt
service. Council may adopt a program budget, in which case appropriations will
be made to programs.

D. Real Property Tax Levy Limitation. Real Property Tax rate increases are limited to
a maximum of three mills or 5% of the prior year's budget per annum unless
approved through the action of public referendum; however, in addition to the
foregoing, an annual tax sufficient to pay interest and principal on any indebtedness
incurred pursuant to the Local Government Unit Debt Act, or any prior or
subsequent act governing the incurrence of indebtedness of the Township, is
permitted. [Amended 1-20-1988 by Ord. No. 27149]

§ C-907. Council Action on Capital Program.

A. Notice and Hearing. The Council shall publish in one or more newspapers of
general circulation in the Township the general summary of the capital program and
a notice stating:
(1) The times and places where copies of the capital program are available for
inspection by the public; and
(2) The time and place, not less than two weeks after such publication, for a public
hearing on the capital program.
B. Adoption. The Council by resolution shall adopt the capital program, with or
without amendment, after the pubic hearing and within such time as Council has
established.

§ C-908. Public Records.

Copies of the budget and the capital program as adopted shall be public records and shall
be made available to the public at suitable places in the Township.

§ C-909. Amendments after Adoption.

A. Supplemental Appropriations. If during the fiscal year the Chief Administrative
Officer certifies that there are available for appropriation revenues in excess of
those estimated in the budget, Council by ordinance may make supplemental
appropriations for the year up to the amount of such excess.
B. Emergency Appropriations. To meet a public emergency affecting life, health,
property, or the public peace, Council may make emergency appropriations. Such
appropriations may be made by emergency ordinance in accordance with the
provisions of this Charter. To the extent that there are no available unappropriated

9. Editor's Note: Approved at election held 4-26-1988.

C:29
§ C-909 UPPER DARBY CODE § C-911

revenues to meet such appropriations, Council may by such emergency ordinance

authorize the issuance of emergency notes, which may be renewed from time to
time, but the emergency notes and renewals of any fiscal year shall be paid not later
than the last day of the fiscal year next succeeding that in which the emergency
appropriation was made.
C. Reduction of Appropriations. If at any time during the fiscal year it appears
probable to the Chief Administrative Officer that the revenue available will be
insufficient to meet the amount appropriated, he shall report to the Council, through
the Mayor, without delay, indicating the estimated amount of the deficit, any
remedial action taken by him, and his recommendations as to any other steps to be
taken. The Council shall then take such further action as it deems necessary to
prevent or minimize any deficit; and for that purpose, it may by ordinance reduce
one or more appropriations.
D. Transfer of Appropriations. At any time during the fiscal year, the Mayor may
transfer part or all of any unencumbered appropriation balance among programs
within a department, office, or agency; and, upon written request by the Mayor, the
Council may by ordinance transfer part or all of any unencumbered appropriation
balance from one department, office, or agency to another.
E. Limitations; Effective Date. No appropriation for debt service may be reduced or
transferred, and no appropriation may be reduced below any amount required by
law to be appropriated or by more than the amount of the unencumbered balance
thereof. The supplemental and emergency appropriations and reduction or transfer
of appropriations authorized by this section may be made effective immediately
upon adoption.

§ C-910. Lapse of Appropriations.

Every appropriation, except an appropriation for a capital expenditure, shall lapse at
the close of the fiscal year to the extent that it has not been expended or encumbered.
An appropriation for a capital expenditure shall continue in force until the purpose
for which it was made has been accomplished or abandoned; the purpose of any such
appropriation shall be deemed abandoned if three years pass without any disbursement
from or encumbrance of the appropriation.

§ C-911. Administration of Budget.

No payment shall be made or obligation incurred against any appropriation except in
accordance with appropriations duly made and unless the Chief Administrative Officer
or his designee first certifies that there is a sufficient unencumbered balance in such
appropriation and that sufficient funds are or will be available to cover the claim or
meet the obligation when it becomes due or payable. Any authorization of payment or
incurring of obligation in violation of the provisions of this Charter shall be void and
any payment so made illegal; such action shall be cause for removal of any officer who
knowingly authorized or made such payment or incurred such obligation, and he shall
also be liable to the Township for any amount so paid. However, except where prohibited
by law, nothing in this Charter shall be construed to prevent the making or authorizing
of payments or making of contracts for capital improvements to be financed wholly or
partly by the issuance of bonds to prevent the making of any contract or lease providing
C:30
§ C-911 CHARTER § C-911

for payments beyond the end of the fiscal year, provided that such action is made or
approved by ordinance.

C:31
§ C-1001 CHARTER § C-1004

ARTICLE X
Recall

§ C-1001. General.
Any person holding an elective office of the Township government, whether by election,
succession, or appointment to fill a vacancy, shall be subject to removal from office at a
recall election in the manner provided in this Charter.

§ C-1002. Recall Procedures.

A. A recall of an incumbent of an elective office shall be initiated upon petition signed
by 30% of the registered electors of the Township-at-large, or of the district if the
incumbent is a district Council member. Every recall petition shall name the office
and officer against whom it is directed.
B. Each elector signing a recall petition shall add to his signature his occupation,
residence, election district, and the date of signing; signatures on a recall petition
may be on separate sheets, but each sheet shall have appended to it the affidavit of
some person, not necessarily a signer of the petition, that to the best of the affiant's
knowledge and belief the persons whose signatures appear on the sheet are
registered electors of the Municipality, that they signed with full knowledge of the
contents of the petition, and that their residences are correctly given.
C. A recall petition shall be tendered for filing to the County Board of Elections. No
signature shall be counted as valid which is dated more than 60 days prior to the
date the petition is tendered for filing. Upon tender to the Board of Elections, the
petition shall be available for examination by any interested person within 15 days
after the tender of the petition; the Board of Elections shall have the authority to
pass upon the validity of the petition and upon the validity and number of signatures
required thereon. The decision of the Board of Elections shall be subject to
immediate review on appeal to the Court of Common Pleas.

§ C-1003. Notice to Incumbent.

As soon as the County Board of Elections has received a recall petition for filing and
determined its validity and sufficiency, the Chairperson of the Board shall notify the
incumbent named in the petition that the petition has been filed; upon receipt of such
notice, the incumbent may resign from his office, and thereupon the recall proceedings
shall terminate.

§ C-1004. Recall Elections.

A. If the incumbent against whom a recall petition is directed does not resign from his
office within 10 days after notice of the filing of such petition shall have been given
to him, the County Board of Elections shall arrange a recall election. If a regular or
special election is to be held not less than 30 days nor more than 90 days after the
10 days have expired, the recall question shall be placed before the electors at such
an election. Otherwise, a special recall election shall be fixed by such Board for a
date not earlier than 30 days nor later than 90 days after the 10 days have expired;
the incumbent against whom a recall petition is directed may resign any time prior

C:33
§ C-1004 UPPER DARBY CODE § C-1006

to the recall election, and thereupon the election shall not be held.
B. The following question shall be presented to each elector in a recall election:
"Shall (name of officer) be recalled and removed from the office of (name of
office)?"

C. The above question shall appear as to every officer whose recall is to be voted upon,
and provision shall be made for the elector to vote "Yes" or "No" to the question.
D. If a majority of the registered voters whose vote on the recall election shall vote
"Yes," the incumbent shall be deemed recalled and removed from office; but if a
majority of such registered electors shall vote "No," he shall remain in office.
E. Should the result of such election be affirmative, the date of the removal and
vacancy in the office shall be seven days subsequent to the date when the results of
the election are certified by the County Board of Elections, unless such date is
further postponed by order of the court.
F. District Council members shall be subject to recall only by registered electors of
their respective district.

§ C-1005. Disqualification for Office.

No person who has been removed from an elective office by recall election or who has
resigned from such an elective office after a recall petition directed to him has been filed
shall be eligible for election or appointment to any office of the (Township) Government
within two years after his removal or resignation.

§ C-1006. Limitations.
No recall petition shall be filed against any incumbent of an elective office within the
first year or the last nine months of the term of his office or within nine months after an
unsuccessful recall election against them, but no officer who has been re-elected for a
successive term shall be subject to recall also during the first year of such term.

C:34
§ C-1101 CHARTER § C-1103

ARTICLE XI
Transition and Schedule

§ C-1101. Adoption.
This Charter shall be submitted to a vote of the electors of Upper Darby Township at the
primary election held in May 1974.

§ C-1102. Effective Date.

If this Charter is adopted, then it shall be in full effect for all purposes except those
enumerated in this Article by the first Council meeting held in January 1976.

§ C-1103. Transition to an Eleven-Member Council Election Schedule and

Transition Period.
A. Election of November 1975. In this election, the Mayor, four Council-at-large and
seven district Council members (one from each of the seven newly established
districts) shall be elected. The Mayor shall serve for a four-year term as provided in
§ C-401 of this Charter. Three district Council members (from even-numbered
districts: 2, 4, 6) shall also be elected for four-year terms. Four district Council
members (from odd-numbered districts: 1, 3, 5, 7) shall be elected to two-year terms
only. Of the four Council members-at-large elected at this election, the two persons
receiving the highest number of votes shall serve four-year terms; the two persons
receiving the next highest number of votes shall serve for two-year terms only.
B. Election of November 1977. In this election, four district Council members (from
districts 1, 3, 5, 7) and two Council members-at-large shall be elected, all Council
members elected at this election shall serve for four-year terms, and hereafter all
Council members shall be elected for four years as provided in § C-305 of this
Charter.
C. Election of November 1979 and future elections. The Mayor, three district Council
members (from districts 2, 4, 6) and two Council members-at-large shall be elected
in November 1979. The alternating pattern established in the elections of 1977 and
1979 shall continue thereafter.
D. Commissioners
(1) Continuance and Redesignation. At the time this Charter takes effect, the
seven commissioners elected in November 1973 shall continue to serve out the
remaining of the two years of their term. Each such commissioner shall, at the
time this Charter takes effect, be designated a "Council member-at-large" and
shall have all the powers and responsibilities of a Council member as provided
in Article III.
(2) Vacancy. If any of the seven commissioners vacates his office after the date
on which this Charter takes effect, such office shall remain vacant.
(3) Election of November 1975. Any of the seven commissioners elected in
November 1973 may run for and be elected to any of the positions being filled
in the election of November 1975; provided, however, that if he is elected to

C:35
§ C-1103 UPPER DARBY CODE § C-1105

this position then he must vacate his office (as Commissioner or, under this
Charter, Council member-at-large) and this office shall remain vacant.
E. Majority Decisions during the Transition Period. For the first two years this Charter
is in effect, Council shall be composed of at least 11 and, at the most, 18 members.
All decisions requiring the approval of a majority of Council shall require the
approval of a majority of the actual number of Council members at that time. All
decisions requiring, by this Charter, the approval of six Council members shall, for
this period only, require the approval of a majority of the actual number of Council
members. All decisions requiring the approval of seven members of Council shall,
for this period only, require the approval of a majority of the actual number of
Council members plus an additional Council member.

§ C-1104. Temporary Ordinances.

At its first meeting or at any meeting held within 60 days thereafter, the Council
may adopt temporary ordinances to deal with cases where there is an urgent need
for prompt action in connection with the transition of government and in which the
delay incident to the appropriate ordinance procedure would probably cause serious
hardship or impairment of effective government. A temporary ordinance shall be plainly
labeled as such and shall be introduced in the form and manner generally prescribed for
ordinances. A temporary ordinance may be considered without prior notice and may be
adopted, with or without amendment, or rejected at the meeting at which it is introduced.
A temporary ordinance shall become effective upon adoption or at a later specified
date; however, every temporary ordinance, including amendments made after adoption,
shall stand repealed as of the 91st day following the date of adoption, and it shall not
be readopted, renewed, or otherwise continued except by adoption through the regular
procedure established by this Charter.

§ C-1105. Continuity.
A. All rights, claims, actions, orders, contracts, and legal or administrative proceedings
shall continue, except as modified pursuant to the provisions of this Charter.
B. All Township ordinances, resolutions, rules and regulations which are in force at
the time this Charter is adopted and which are not inconsistent with the provisions
of this Charter shall continue in force until amended or repealed.
C. All Township departments, bureaus, administrative units, offices, agencies,
authorities, boards and commissions shall continue until modified by the provisions
of this Charter.

C:36
§ C-1201 CHARTER § C-1203

ARTICLE XII
General Provisions

§ C-1201. Amendments.
Amendments to this Charter shall be in conformity with the provisions of Act 62 of
1972, and as amended from time to time.10

§ C-1202. Election Procedures.

The procedure for the nomination and election of all Township officials shall be in
accordance with the applicable provisions of the Pennsylvania Election Code.

§ C-1203. Severability.
If any provision of this Charter shall be judged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof but
shall be confined in its operation to the particular provision involved.

10. Editor's Note: See Home Rule Charter and Optional Plans Law, 53 Pa.C.S.A. § 2901 et seq.

C:37
Exhibit A2
Exhibit B
May 19, 2022

Mayor Barbarann Keffer

100 Garrett Road, Room 209
Upper Darby, PA 19082

Re: Forensic Accounting Investigation of the Receipt and Disposition of

American Rescue Plan (“ARP”) Act Funds

Dear Mayor Keffer:

This letter report sets forth the findings of our forensic accounting investigation, pursuant to
Marcum LLP’s engagement letter with you dated February 16, 2022. The purpose of our
investigation was to determine the existence and possible disposition of the “ARP funds” 1 received
by Upper Darby Township (“UDT”).

Marcum LLP is a national accounting and advisory services firm that offers a complete spectrum
of tax, assurance and advisory services. Our Advisory Services practice includes Litigation and
Forensic Services. (Attachment A) Kyle Anne Midkiff, CPA, CFE, CFF, Engagement Partner,
headed up the engagement team and was assisted by Nicole M. Donecker, CPA, CVA, CAMS,
Senior Manager, and others. Our CVs are included in Attachment B.

I. Executive Summary

On July 19, 2021 UDT received $20,880,969.50 pursuant to its April 2021 application to the
U.S. Treasury for funds available to UDT under the ARP Act. Former Finance Director, Gary
Merron 2 (“Merron”) directed the ARP funds be initially deposited to a UDT general fund
operating bank account maintained at Wells Fargo Bank (“WF”). On August 3, 2021, a wire
transfer in the amount of $20,880,969.50 was initiated by Merron transferring the amount received
from the ARP program to a UDT general fund account known as the PLGIT general fund account
x5013.

At all times prior to February 4, 2022, amounts received pursuant to the ARP application were
commingled with other UDT general account funds. At all times the general fund bank account
balances exceeded $20.88 million. Despite possible concerns expressed by UDT Council
members and others, regulations and other guidance published by the U.S. Treasury did not require

1
For purposes of this report, “ARP funds” refers to the $20,880,969.50 received from the U.S. Treasury on July 19,
2021 as part of the American Rescue Plan Act and the Coronavirus State Fiscal Recovery Fund and Coronavirus Local
Fiscal Recovery Fund.
2
Merron was Director of Finance from August, 2020 until his resignation on September 17, 2021, at which time he
became a part-time employee for the sole purpose of assisting with getting the financial statement audit completed.
Recently UDT engaged the accounting firm Brinker Simpson to serve as Interim Finance Director.
Mayor Barbarann Keffer
May 19, 2022
Page 2

amounts remitted to municipalities pursuant to ARP be maintained in a separate deposit account.

The Treasury guidance did limit the manner in which ARP funds could be used.

At the February 2, 2022 UDT Council Meeting UDT Treasurer David Haman (“Haman”) stated
“we’re six million dollars less than we started with.” Haman’s comment was based on his
“treasurer’s report” which included only eleven general fund accounts and compared the ARP
funds to one general fund bank account. Investigation established Haman was incorrect. The
“Analysis of Operating Funds for the Month of December 2021” 3 contradicts this statement,
showing an “operating fund balance” of $1.9 million over the ARP amount received (i.e.
approximately $22.7 million compared to the $20.88 million of ARP funds). At the time of this
meeting Haman and Merron knew or should have known that Haman’s report was flawed based
on the “Analysis of Operating Funds for the Month of December 2021” prepared by Merron and
emailed to Haman on January 28, 2022.

Marcum performed analyses of the actual bank balances of general fund bank accounts comparing
them to the ARP funds from December 1, 2021 through February 7, 2022 and determined that the
actual bank balances exceeded the ARP funds at all times.
Merron prepared a “Revenue Replacement Schedule” in August 2021 to calculate $12 million of
ARP funds that were available as revenue replacement based on a reduction in revenue. Haman
made a presentation at an August 2021 Council Meeting citing the $12 million amount calculated
by Merron. Ultimately, UDT budgeted for $6 million of ARP funds to be used as revenue
replacement.

During the February 2, 2022 UDT Council Meeting, Ordinance No. 3111 was introduced to
approve the supplement of the ARP funds to the previously approved 2022 budget. The ordinance
made “…supplemental appropriations for the 2022 budget from the American Rescue Plan
Allocation” including $6 million of revenue replacement. Our inspection of available documents
and meeting transcripts shows that only $6 million for revenue replacement has been approved as
of May 10, 2022 and the remaining ARP funds have not been appropriated.

Since the remainder of the ARP funds have not yet been appropriated by Council, no contracts can
be executed to perform the services to use the ARP funds. States, localities, territories, and tribal
governments have until December 31, 2024 to obligate these funds and December 31, 2026 to
spend the ARP funds. 4 Council should appropriate the funds timely in order to allow UDT to use
the funds prior to expiration.

Despite numerous interviews, no person reported or provided information alleging misuse of the
ARP funds.

3
See page 1 of Exhibit 8A.
4
CENTER ON BUDGET AND POLICY PRIORITIES | CBPP.ORG
Mayor Barbarann Keffer
May 19, 2022
Page 3

Our inquiries and inspection identified other issues that warrant disclosure to the
administration. These additional observations are set forth in subsequent sections of the
report.

II. Documents Considered/Procedures Performed

Findings and conclusions presented in this correspondence are based upon the inspection and
analysis of numerous documents and discussions/interviews of multiple persons with relevant
information. The documents and other information considered are identified in Exhibit 1.

III. Scope

On February 2, 2022, Haman, made a presentation through Zoom connection to the UDT Council
in which he presented information concerning the alleged disposition of approximately $6.3
million of funds received as part of the ARP Act. This disclosure raised questions within UDT
Council and other UDT personnel as there had not been prior reports to Council regarding the use
of any of the approximately $20.88 million of ARP funds received in July 2021. Marcum LLP
was engaged by the Mayor of UDT to determine the existence and disposition of ARP funds
received by UDT.

The procedures and analyses performed in connection with the engagement do not constitute an
audit, review or attestation engagement as described in authoritative literature promulgated by the
American Institute of Certified Public Accountants (“AICPA”). This engagement is a forensic
accounting services engagement and is subject to standards applicable to those types of
engagements. These standards require, among other things, the CPA to have sufficient evidentiary
material to support opinions and conclusions expressed during the conduct of an engagement.

The scope herein does not represent attest work of any kind, as defined by the AICPA, and
therefore, the scope of the work performed does not contemplate the audit, review or compilation
of financial statements. Marcum did not independently verify the documents and records which it
was provided with respect to this matter. This report is only applicable for the stated purposes of
this engagement, and accordingly, this report should not be used for any other purpose.

IV. Limitations

UDT currently uses a Harris Computer Software AS 400 system for its electronic accounting
software. The AS 400 system is an IBM product that is over thirty years old. Reports from the
UDT electronic accounting system cannot easily be exported to an Excel spreadsheet for analysis.
Reports from the AS 400 system print to what is referred to as “green bar” paper which is 11 inches
by 15 inches and produced on a dot matrix printer. We were provided with paper reports for our
review. UDT is in the process of moving to the OpenGov electronic accounting system. We
Mayor Barbarann Keffer
May 19, 2022
Page 4

understand that Merron used data exported from AS 400 to create Excel spreadsheet workbooks
for analysis and presentation of the general ledger and financial statement data, but the process
was time consuming and inefficient.

This report is provided solely for your use in connection with our forensic accounting investigation
into the existence and possible disposition of the ARP funds received by UDT. No other use is
intended or authorized.

The findings set forth below arose from our inspection and analysis of documents and other
materials described in this report. I reserve the right to supplement or amend my findings based
upon the receipt of additional information.

V. Background - Upper Darby Township

Upper Darby Township became incorporated as a township on August 31, 1736. Upper Darby
Township is classified as a First Class Township operating under the Pennsylvania Home Rule
Charter. It is the sixth largest municipality in the State of Pennsylvania. 5

The present government consists of a Mayor, a Township Council, a Chief Administrative

Officer, a Treasurer and a Municipal Clerk. The duties and responsibilities of these
positions, as well as those of the Township Departments, are outlined in the Township's
Administrative Code.

VI. History of ARP

On March 11, 2021, the American Rescue Plan Act was signed into law. This Act established the
Coronavirus State Fiscal Recovery Fund and Coronavirus Local Fiscal Recovery Fund (“SLFRF”)
which together are known as the SLFRF program. The SLFRF program is intended to provide
support to State and Local governments (among others) in responding to the economic and public
health impacts of COVID-19 on their communities, residents, and businesses. 6

In May 2021, Treasury published the Interim Final Rule (“IFR”) which described eligible and
ineligible uses of ARP funds (as well as other program provisions), sought feedback from the
public on these program rules, and began to distribute funds as presented in the IFR. 7 Recipients
of SLFRF awards have substantial discretion to use ARP funds in the ways that best suit the needs
of constituents, providing that such use fits into one of the following categories:

5
www.upperdarby.org
6
U.S. Department of the Treasury, Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting
Guidance, November 15, 2021 (Version 2.1), p. 2.
7
U.S. Department of the Treasury, Coronavirus State and Local Fiscal Recovery Funds: Overview of the Final Rule,
January, 2022.
Mayor Barbarann Keffer
May 19, 2022
Page 5

1. To respond to the COVID-19 public health emergency or its negative economic

impacts;
2. To respond to workers performing essential work during the COVID-19 public health
emergency by providing premium pay to eligible workers, or by providing grants to
eligible employers that have eligible workers who performed essential work;
3. For the provision of government services, to the extent of the reduction in revenue of
such recipient due to the COVID-19 public health emergency, relative to revenues
collection in the most recent full fiscal year of the recipient prior to the emergency; and
4. To make necessary investments in water, sewer, or broadband infrastructure. 8

In fact, U.S. Treasury’s guidance on the ARP program was slowly trickling out and its Final Rule
was issued on January 6, 2022 which took effect April 1, 2022. The Final Rule includes restrictions
on use. Those restrictions include the following: 9

1. Offset a Reduction in Net Tax Revenue

• States and territories may not use this funding to directly or indirectly offset a
reduction in net tax revenue resulting from a change in law, regulation, or
administrative interpretation beginning on March 3, 2021, through the last day of
the fiscal year in which the funds provided have been spent.

2. Deposits into Pension Funds

• No recipients except Tribal governments may use this funding to make a deposit to
a pension fund.

3. Additional Restrictions and Requirements, include, but are not limited to the following:

• No debt service or replenishing financial reserves.

• No satisfaction of settlements and judgments.

There was no U.S. Treasury requirement that ARP funds had to be maintained in a separate bank
account. The delays by U.S. Treasury created uncertainty to UDT as to how to appropriately spend
the ARP funds they received.

8
See Footnote 6, p. 3.
9
See Footnote 7.
Mayor Barbarann Keffer
May 19, 2022
Page 6

VII. Analysis of Receipt and Disposition of ARP Funds

a. Receipt of the ARP Funds

As previously stated, the ARP Act was signed into law in March 2021. UDT was slated to receive
two allotments of $20.88 million each approximately one year apart totaling $41 million. In an
April 7, 2021 email to Merron (Exhibit 2), Mayor Barbarann Keffer (“Mayor”) provided topics
for the following day’s finance meeting agenda. The second topic was “2. Where/what account
will the ARP money be deposited into?” We understand an account for the receipt of the money
was not determined at that finance meeting.

Deputy CAO Alison Dobbins (“Dobbins”) prepared and submitted the required documentation to
the U.S. Department of Treasury including registering for the ARP award using the ID.me system.
Part of the information required by the Treasury was the bank account and routing number for
where the ARP funds would be deposited. 10 Merron directed where the ARP funds should be
deposited by providing the account and routing number for the WF general fund operating account
x977311 to Dobbins via an email, subject “ARP Banking”, on June 4, 2021 (Exhibit 3).

The ARP funds were received via wire transfer from the U.S. Department of Treasury on July 19,
2021 into the WF general fund operating account x9773 per instructions sent by Dobbins. Between
July 20, 2021 and August 2, 2021, money was transferred from WF depository account x9773 to
the WF disbursements account x3731 for operating expenses and WF accounts x0901 and x8978
for payroll of the Township. Transfers between these accounts occurred in the normal course of
business.

On August 3, 2021 Merron initiated a wire transfer in the amount of $20,880,969.50 to transfer
the ARP funds from WF general fund operating account x9773 to PLGIT 12 general fund account
x5013.13 (Exhibit 4) In an email from Merron to Santander Bank dated August 22, 2021, Merron
informed his Santander representative that UDT will still need to add one or more ARP accounts
(Exhibit 5).

After the receipt of the ARP funds, Haman prepared and presented a PowerPoint during the August
18, 2021 UDT Council Meeting as part of his treasurer’s report (Exhibit 6). In the PowerPoint
presentation, Haman reports that “…preliminary calculations suggest that we qualify to use

10
We understand from Dobbins that she did not have knowledge of the UDT bank account numbers and had not seen
the list of 45 bank accounts of UDT in June 2021.
11
The American Rescue Plan does not require maintaining the ARP funds in a separate bank account. In fact,
recipients can place ARP funds in interest bearing accounts and do not need to remit the interest to the U.S. Treasury
(Compliance and Reporting Guidance SLFRF, page 7). However, maintaining a separate bank account could help
facilitate the recordkeeping and reporting required.
12
Pennsylvania Local Government Investment Trust (PLGIT) was created to meet the short-term investment needs
of local governments, school districts, municipal authorities, and other types of governments in the Commonwealth
of Pennsylvania. PLGIT offers a wide array of investment options. (www.plgit.org)
13
The wire transfer was deducted on the Wells Fargo account statement x9773 on August 3, 2021 and deposited on
the PLGIT account x5013 statement on August 4, 2021.
Mayor Barbarann Keffer
May 19, 2022
Page 7

$12,925,079 of the ARP funds…” This amount was included on a “Revenue Replacement
Schedule” prepared by Merron to calculate the amount of “ARP funds” that can be used as revenue
replacement (Exhibit 7).

At the UDT Council Meeting on October 20, 2021, CAO Vincent Rongione (“Rongione”) and
Dobbins presented the initial ARP Budget which included proposed allocations of ARP funds.
This initial “ARPA Program Budget” proposed $6 million for revenue replacement. 14

b. Discussion of February 2, 2022 Township Council Meeting and Analyses

of Treasurer’s Presentation

During the February 2, 2022 UDT Council Meeting, Ordinance No. 3111 was introduced to
approve the supplement of the ARP funds to the previously approved 2022 budget. 15 Public
comment was solicited during the meeting. The ordinance made “the following supplemental
appropriations for the 2022 budget from the American Rescue Plan Allocation.”

Revenue Replacement $ 6,000,000.00

Flood Mitigation & Sewer Upgrades $ 6,000,000.00
Police & Fire $ 3,000,000.00
COVID Relief & Negative Economic Impacts $ 2,500,000.00
Parks & Public Spaces $ 3,000,000.00
Total Allocated Funds $ 20,500,000.00

Routinely, Treasurer Haman provided verbal reports to Council at its regularly scheduled meeting
on the third Wednesday of each month. 16 The Treasurer’s report summarized the “financial
condition” of UDT for the prior month end. These Treasurer’s reports were taken from information
provided by Merron to Haman entitled “Analysis of Operating Funds” on a monthly basis (Exhibit
8A). On January 28, 2022, Merron sent to Haman an email with the subject “This report is not
complete yet, but the CASH is correct.” (Exhibit 8B) 17 An Excel workbook titled “Treasurer’s
Cash Analysis” was attached which is the “Analysis of Operating Funds” reports Haman used to
prepare his monthly Treasurer’s report (Exhibit 8A). We understand the “Analysis of Operating
Funds” Reports were never provided to the Mayor or her Administration.

During the Council Meeting on February 2, 2022, Haman provided a treasurer’s report over
Zoom 18 that was different from the prior months. The February 2, 2022 Treasurer’s report was
not a verbal report of the representation of the financial condition of UDT, but rather a document
with adjusted bank balances for the months July through December 2021 of eleven select township

14
Upper Darby Council Meeting of October 20, 2021 minutes and exhibits.
15
UDT operates on a calendar year (1/1 – 12/31).
16
We reviewed the video of the Treasurer’s Report for August, October, November and December 2021 and January
2022. There was no Treasurer’s report in October 2021 due to the resignation of the Director of Finance and the
January 2022 report for the 2021 year-end was moved to February 2022.
17
Exhibit 8A is the attachment referenced on the email in Exhibit 8B.
18
Haman was out of town for the February 2, 2022 meeting and could not attend in person.
Mayor Barbarann Keffer
May 19, 2022
Page 8

bank accounts (Exhibit 9). 19 The following four paragraphs are excerpts from Haman’s Zoom
presentation of the document.

“…You're looking at a select number of accounts from the general fund and these are the
I selected these accounts based upon where ARP money could possibly be and I excluded
all the funds where ARP money could not be we have 45 I say funds I’m sorry bank accounts
we have 45 bank accounts and only this select group right here of about 11 of them could
have anything to do with at this time the unallocated uh unearmarked ARP money…”

“…You'll see the uh PLGIT it's it stands for Pennsylvania Local Government um
Investment Trust. It's just a type of account where we can put money and we can earn
interest on the money. So in July twenty million eight hundred and eighty thousand dollars
and a pizza party uh came in uh to our um our general checking account first. And then it
was moved during July down to the PLGIT so that it could earn interest. … In August uh
the money was still there. Remember anything uh for the first 20.8 million dollars is uh
ARP money everything above that is just money that we're holding to earn some interest
until we need it. When we get into September at some point here in September 36 million
dollars was moved from PLGIT uh including all of the ARP money down into account
called PLGIT prime.” 20

“…So we're hanging on to the end of the year but you can see that that the account in
October is in excess of 20 million $880,000. We moved to December and there's a very
very small change in that account. Here is my question we get to the end of December and
now there's only 14 million 497 thousand dollars and that pizza party um at the end of the
month in December and I have no other conclusion to draw except that that's all that money
is ARP money. And and there's six million and we're six million dollars less than we started
with.”

“…So if I if I take the ARP fund at the g1at the bottom here you see this this last civil
summation if I take the uh 20.8 million dollars of ARP funds and I um move the uh and I
subtract the the PLGIT prime account I don't know where $6.3 million of this money went.
Again I’m not suggesting there's any problem here. Um I just need to find out what's going
on that's all.”

During the public comment on Ordinance No. 3111, Haman further discussed the “treasurer’s
report” presented earlier in the meeting.

19
We understand that the report presented on February 2, 2022 was an excerpt of an “Adjusted Cash Balance” report
prepared by Erica Mellon of the Finance Department that summarizes the reconciled cash balances for all bank
accounts. It is our understanding that Mellon has been reconciling the bank accounts and preparing the same report
for a number of years.
20
The balance for the PLGIT accounts for July and August were summarized on one line and entered on General
Fund-Cash PLGIT on the “treasurer’s report.” There was not a transfer from General Fund-Cash PLGIT to General
Fund-PLGIT Prime account in September. The balances in the General Fund-PLGIT Prime account were
$31,611,162.46 and $41,493,654.32 in July and August 2021, respectively.
Mayor Barbarann Keffer
May 19, 2022
Page 9

“So we finish the December spend finishes up with the PLGIT account where the ARP
money is at 14.49 million dollars. And that's below the 20.8 so that so what I’m posing to
council here is there's where you are as you discuss the ARP money and the ARP money
that's that you're going to allocate. I, I don't want to put any opinion on this I’m not trying
to put an opinion on this, I just want you to know what the numbers are. So that when you
start talking about the numbers you've got you've got them in front of you. Um and um so
the, the, the um missing piece here as far as I’m looking at, is this is this 6.3.”

Also, during the public comment, Rongione spoke as a member of the community. Rongione
alleged that Haman had available to him the “Analysis of Operating Funds” (Exhibit 8A) at the
time of the February 2nd “treasurer’s report.”

“So treasurer Haman was provided with the document the heading of which was Upper
Darby Township analysis of operating funds for the month of December 2021. That
document clearly indicates that in total uh our operating cash balance is in excess of 22.5
million dollars, so that document clearly indicates that there is more than the ARP funding
available in our operating cash account. That information was provided to the treasurer.”

Various emails sent by Merron to participants at the February 2, 2022 meeting indicate that he
watched the meeting live on YouTube. In an email dated February 2, 2022 at 8:53PM to Sean
Kilkenny21 (Exhibit 10), Merron stated:

“I’m currently on vacation in California, and am watching the Council Meeting on

YouTube. As I am the one who discovered the overspend that used $6.3mm of ARP funds.
I’m disgusted at your attempt to shut David down.”

In our discussion we specifically asked Merron what information he had regarding the “overspend
that used $6.3 million.” Merron provided no information except Haman’s report which merely
subtracted the reconciled balance in the PLGIT account from the original amount of ARP funds
and included only selected general fund accounts on the “treasurer’s report.”

During the same meeting, Merron sent another email dated February 2, 2022 at 9:26PM to Sean
Kilkenny and others (Exhibit 11) where he stated:

“For the record, Alison directed the money into the General Fund. When I found out
(a full month after the fact), I objected vehemently!!!” 22

This email is contradicted by an email dated June 4, 2021 (Exhibit 3) with the subject line “ARP
Banking” wherein Merron provided Dobbins with the WF general fund bank account and routing
number. Therefore, Merron could not have found out a full month after the fact as he contends

21
Sean Kilkenny from Kilkenny Law, LLC is currently the Solicitor for Upper Darby Township.
22
The Alison referenced in this email is Alison Dobbins.
Mayor Barbarann Keffer
May 19, 2022
Page 10

above. We asked Merron about the June 4, 2021 email with the subject line “ARP Banking”, his
response was he must have been responding to something Dobbins asked. At our request UDT
performed a search of UDT email. The search did not locate any email from Dobbins to Merron
on or about that date regarding the deposit of ARP Funds.

Fifteen days after receipt of the ARP funds, Merron initiated a wire transfer of the ARP funds from
the WF general fund bank account to the PLGIT general fund bank account where the ARP funds
were commingled with other Township revenue (Exhibit 4). As of August 22, 2021 Merron had
not yet opened an account to hold the ARP funds (Exhibit 5).

Ordinance No. 3111 was tabled during the February 2, 2022 meeting after the Treasurer’s report
and the public comments.

We understand that the document presented by Haman at the February 2, 2022 meeting had not
been circulated to UDT Administration prior to being produced at the meeting. Rongione
expressed concern with the “treasurer’s report” not being circulated to relevant parties prior to the
meeting.

“So I really think that there's a reason why these conversations and information should be
shared in advance with one another. Like if I had had any kind of appropriate warning to
analyze this document that was handed out I would have been able to point out the
discrepancies and the reason why it doesn't accurately show what's happening.”

Debbie Nifong (“Nifong”) of the Finance Department reviewed the “treasurer’s report” from
February 2nd and prepared an email with her observations (Exhibit 12). A summary of Nifong’s
observations follow:

• The top section is a subset of UDT’s bank accounts (eleven of forty-five used). The
balances of December and November were compared to show that approximately $14
million was spent in December 2021.
• The lower part only compares the PLGIT account balance to the ARP funds to show that
approximately $6 million of the ARP funds were “spent.”
• Only eleven of the sixteen operating accounts were used on the “treasurer’s report.” If all
sixteen accounts were used, the total cash in the operating funds would exceed the ARP
funds by $1.9 million.

c. Discussion of February 7, 2022 Township Council Meeting

An emergency meeting of the UDT Council was held on February 7, 2022 to adopt Ordinance No.
3112. The ordinance states in part, “…providing for the appropriation of $6,000,000 American
Rescue Funds to prevent a township shut down…” Since Ordinance No. 3111 was tabled the prior
week, an emergency ordinance was adopted to release the $6 million from the revenue replacement
portion of the ARP budget.
Mayor Barbarann Keffer
May 19, 2022
Page 11

Dobbins received correspondence from PLGIT verifying the account balance in account x5050 of
$20,880,696 as of February 7, 2022 (Exhibit 13). 23 Exhibit 14 details the transactions in both the
PLGIT general fund account x5013 and the PLGIT ARP account x5050 through the end of
February 2022.

The PLGIT ARP account x5050 was opened on February 4, 2022 with transfers from the PLGIT
general fund account x5013 totaling $13,581,101.21. Additionally, the following transfers into
the PLGIT ARP account x5050 were made on February 7, 2022:

• $3,576,006.34 was transferred from the WF general fund account x9773;

• $390,000.00 was transferred from the Citizens Bank 24 general fund account x9157; and
• $3,333,861.45 was transferred from the Santander general fund account x5237.

The above transactions brought the balance in the PLGIT ARP account x5050 to $20,880,969.

During the February 7, 2022 emergency meeting, Treasurer Haman stated the following about the
ARP funds:

“…thank you 20 million wasn't lost no money was lost but with the reason this we're here
talking about this right now is that um we had an account where all the all the ARP money
was in an account … and then I saw that that account was below the balance nobody the
money wasn't lost I just simply asked the question where is the money…”

“…Well we do know that we have an account with twenty point eight million dollars in it,
it's all the COVID all the money that represents the COVID allocation is there…”

VIII. Interviews of UDT Current and Former Employees, Officers and Officials

As part of our engagement, we conducted Zoom interviews with the following current and former
Township employees, officers, and officials:

1. David Haman
2. Gary Merron
3. Erica Mellon
4. Debbie Nifong

23
A copy of this letter was posted to social media prior to the UDT Council Meeting by Joe Holden, a reporter for
CBS3 in Philadelphia.
24
We understand that the Citizen account held general funds that were reimbursements from a federal reimbursable
grant. In other words, UDT already spent the money for a specific purpose and was reimbursed by the federal
government.
Mayor Barbarann Keffer
May 19, 2022
Page 12

5. Alison Dobbins
6. Vince Rongione
7. Mayor Barbarann Keffer

We also requested a Zoom interview with Laura Wentz (“Wentz”), Upper Darby Township
Council Vice President, Councilwoman At Large and the Chair of the Finance Committee.

Email communications from Wentz to Sean Kilkenny suggested Wentz possessed evidence of
misuse of ARP funds (Exhibit 15A). 25 Also, in a news article, Wentz was quoted as saying “Not
only do we believe we have proof showing that the funds were spent . . .”. 26 As a result of these
allegations, Wentz was invited several times to join us for a Zoom interview. She requested our
engagement letter and questions in advance before agreeing to meet. The engagement letter was
provided by the Administration but ultimately Wentz declined the invitation by stating “I do not
see any justification for you to need to speak to me or any Council Member.” (Exhibit 15B).

No person interviewed in the course of our investigation reported or provided information alleging
misuse of the ARP funds.

a. Interview of David Haman

We spoke to Haman and discussed with him the “Treasurer’s Report” that was presented at the
February 2, 2022 Council Meeting, included herein as Exhibit 9. Haman confirmed that Exhibit
9 is a copy of the document he presented at the February 2, 2022 meeting.

He did not provide any additional explanation on how he determined where ARP money could be
other than he believed the accounts listed were unrestricted general funds. We noted that Haman
excluded several general fund bank accounts from his presentation without any explanation. Yet,
every month he had received the entire list of general fund bank accounts with adjusted bank
balances. Haman in his interview stated that he regrets the wording he used and that he should not
have labeled it on the document he presented as “ARP funds spent.”

b. Interview of Gary Merron

In scheduling the interview with Merron, he requested to have counsel sit in on the meeting
(Exhibit 16). However, when asked in the interview if counsel, Christopher Boggs (“Boggs”) was
representing Merron personally, it was disclosed by both Merron and Boggs that Boggs was
working for Council on their investigation. Boggs specifically stated he was not representing
Merron, but that he was representing Township Council and not advising Merron. Despite the
lack of clarity initially provided by Merron, we permitted Boggs to sit in on the Merron interview.
During the interview, Merron stated on multiple occasions that he was working for “law

25
See pages 8 and 9 on Exhibit 15A.
26
https://broadandliberty.com/2022/02/15/upper-darby-councilwoman-says-investigation-into-mayor-likely-we-
have-proof-showing-that-the-funds-were-spent/
Mayor Barbarann Keffer
May 19, 2022
Page 13

enforcement.” Merron refused to identify any law enforcement agency or personnel with whom
he was working.

Merron stated that he had an MBA and was a CPA. When questioned whether he was currently a
CPA, he admitted that his license had expired. When asked whether he informed UDT at any time
such as on his resume, in the hiring process, or in public meetings that his CPA license was expired,
he stated he “remained silent” on that. However, at various times he identified himself as a CPA
(Exhibits 17A – 17D). 27 28

Merron also stated during the interview that he was the only accountant in the Department and that
no one else in Administration had taken an accounting class. 29 Merron was critical of the UDT
accounting system and stated that the problems preceded the current administration. Additionally,
Merron stated he had no prior governmental accounting experience but spent most of his career in
commercial real estate.

During our interview, Merron shared his personal computer screen and displayed UDT documents
similar to those he prepared when he was the Finance Director for UDT, indicating that Merron
currently maintained UDT documents in electronic form on his home computer (Exhibit 18A).
Merron informed us that he did email Township files to his personal home computer to work from
home. It appears that he continued to analyze Township financial information after he was no
longer a full-time employee (only assisting with the 2020 audit, on a part-time basis). As an
example, Merron forwarded to his personal email on January 28, 2022, an email from Bill
Murphey30 which included as one of the attachments the General Ledger as of December 31, 2021.
(Exhibit 18B) Merron also continued to analyze Township information after he fully resigned.
When requested, Merron refused to provide any of the documents he had on his computer during
the interview. These actions may be in violation of the Township’s computer policy (Exhibit 19).

Merron stated that he observed that the pension payment was made in December 2021 rather than
October 2021, as had been done in prior years. We understand that these pension plan payments
are referred to as Minimum Municipal Obligations. During our interview with Nifong, she stated
that UDT receives a portion of their annual pension plan payment from the state and that portion
must be paid out within a certain number of days. The state portion of the pension plan payment
was made in October as required. UDT’s portion of the pension plan payment was due by
December 31st and was paid before the due date. This was corroborated by Dobbins and supported
by the bank statements. We noted that ARP funds were not used to pay these pension plan
obligations.

27
The resume provided to UDT identifies the AICPA as an affiliation of Merron’s.
28
The CPA reference on Merron’s LinkedIn account has subsequently been removed.
29
During various interviews we learned that Dobbins had an accounting course and took several business courses,
Colleen Rose, who handles Accounts Payable has taken accounting courses, James Wilson who previously reported
to Merron had an accounting degree, and Marolyn Bailey had numerous years of bookkeeping/accounting experience.
30
Bill Murphey’s title is Information Technology on the email.
Mayor Barbarann Keffer
May 19, 2022
Page 14

During the interview we asked Merron if he identified or was aware of any inappropriate uses of
ARP funds by UDT. Merron stated that he reviewed the entire check register and that he did not
find any inappropriate payments.

IX. Marcum Analyses

a. UDT Financial Reporting

According to Note A of the Notes to 2020 Financial Statements, 31 the Accounting principles and
practices of UDT are presented in conformity with generally accepted accounting principles
(GAAP) and all relevant Governmental Accounting Standards Board (GASB) pronouncements are
applied.

UDT uses Fund accounting which is an accounting system for recording resources whose use has
been limited by the donor, grant authority, governing agency, or by law. Fund accounting
emphasizes accountability rather than profitability.

By way of further explanation, a general fund is the primary fund used by a government entity.
This fund is used to record all resource inflows and outflows that are not associated with special-
purpose funds. The activities being paid for through the general fund constitute the core
administrative and operational tasks of the government entity.

Unrestricted cash refers to cash that is readily available to be spent for any purpose and has not
been pledged as collateral for a debt obligation or other purpose.

An encumbrance is a restriction placed on the use of funds. The concept is most commonly used
in governmental accounting, where encumbrances are used to ensure that there will be sufficient
cash available to pay for specific obligations.

A more detailed discussion of the funds of UDT is included in its Notes to Financial Statements,
Township of Upper Darby Financial Statements and Supplementary Information, Year Ended
December 31, 2020.

b. Cyclical Nature of Revenue

The revenue collection for UDT is cyclical. According to Exhibit 20 32, 58.9% and 61.1% of
UDT’s 2021 and 2020 revenue was from Real Property Taxes, respectively. In 2021,
approximately 83% of 2021 Real Property Taxes were collected in March and April. This
translates into nearly half of UDT’s revenue being collected in March and April 2021.

31
Township of Upper Darby, Delaware County, Pennsylvania, Notes to Financial Statements, December 31, 2020.
32
Highlighted entries on Exhibit 20 calculated by Marcum LLP.
Mayor Barbarann Keffer
May 19, 2022
Page 15

Due to shortfalls in revenue related to the timing of the receipt of tax payments, UDT typically
borrows in January of each year through a Tax Revenue Anticipation Note (“TRAN”). 33 Since
UDT received the ARP funds, they chose not to get a TRAN which saved them in interest expense.
It is also our understanding that in order to obtain a TRAN, UDT would have been required to
have their 2020 audit completed and financial statements issued.

c. UDT Bank Accounts

We inspected all the general fund and payroll bank accounts. The multiple general fund bank
accounts were established to collect, track and disburse funds based on source and purpose. UDT’s
practice is to deposit tax revenues in the PLGIT general fund account which earns interest. As
needed, cash is transferred from PLGIT to the WF 34 general fund depository account to pay for
operating expenses of UDT.

For example, a wire transfer is initiated from the PLGIT general fund account to the WF general
fund account and deposited along with the other revenue of UDT. Once the money is in the WF
general fund account, the money is either transferred to the payroll accounts for payroll expenses
including payroll taxes or the disbursement account to pay the operating expenses of the Township.
UDT also maintains certain general fund accounts that collect revenue from specific sources, such
as parking meters, to more easily track the revenue type. Revenue from parking meters is deposited
to the parking meter bank account, but the use of the money is not restricted. The money can be
transferred to the general fund accounts as needed to cover the operating expenses of the Township.

Dobbins explained during the February 7, 2022 emergency Council Meeting, the Township
maintained 45 bank accounts. UDT was establishing a new banking relationship with Santander,
a transition that was started by Merron and had not yet been completed.

As previously discussed, Haman provided a report to Council on February 2, 2022 that purported
to demonstrate a reduction in ARP funds at December 31, 2021 based on only eleven adjusted
bank account balances. Haman ultimately compared the ARP amount only to the PLGIT general
fund account and disregarded all other general fund accounts with cash balances that were
available for operating and payroll expenses. We prepared analyses comparing general fund
month-end account balances, both adjusted and bank statement balances, to the ARP funds. We
also compared daily bank balances to the ARP amount.

1) Month-end Adjusted (Reconciled) Balance Comparison

Exhibit 21 compares the month-end reconciled account balances for all general fund accounts
including payroll for the period July 2021 through February 2022. The month-end reconciled
balances exceed the ARP fund amount at each month-end except January 2022 where ARP funds
exceeded the reconciled balance by $71,573.57. This appears to be merely a timing issue as
33
A TRAN is a short-term loan that municipalities can use to address a cash flow problem created when expenditures
must be incurred before tax revenues are received.
34
The general fund operating accounts were moved to Santander Bank the last quarter of 2021.
Mayor Barbarann Keffer
May 19, 2022
Page 16

approximately $84,000 and $154,000 of check deposits were made on February 1, 2022 and
February 2, 2022, respectively. It should also be noted that the month-end adjusted balance
accounts for outstanding checks that have not been presented to the bank. Therefore, the ARP
funds are less than the anticipated balance but not less than the actual bank balance for the month-
end January 2022. In February, the reconciled balance exceeded the ARP funds by over $2.3
million.

The bank reconciliations for the WF and the Santander general fund accounts included the list of
outstanding checks at January 31, 2022. The listing of outstanding checks of $32,187.94 for the
WF general fund include “stale dated” 35 checks totaling $32,168.87.

The Santander general fund checks specifically state on the face of the check “VOID AFTER 90
DAYS.” The outstanding check list for the Santander general fund account totals $546,929.90
with $23,588.60 in checks outstanding for greater than 90 days. “Stale dated” checks are typically
written off or voided and the amounts returned to the adjusted (reconciled) balance of the account.

2) Month-End Bank Statement Balance Comparison

The month-end bank statement balances were also compared to the ARP amount of $20.88 million.
Exhibit 22 compares the month-end bank statement balances for all general fund accounts
including payroll for the period July 2021 through February 2022. The month-end bank statement
balances exceeded the ARP amount in each month.

3) Daily Bank Statement Balance Comparison

Similar to the comparisons above, the daily bank balance for all general fund and payroll bank
accounts each business day from December 1, 2021 through February 7, 2022 were compared to
the ARP amount. Exhibit 23 demonstrates that the daily bank balance exceeded the ARP amount
each day from December 1, 2021 through February 7, 2022.

X. Other Observations

Our inquiries and inspection identified other issues that warrant disclosure to the
administration.

Merron’s inaccurate representations that he was a CPA may constitute a violation of the “Acts
Discreditable Rule” of the AICPA Rules of Professional Conduct 36 and the State of Maryland’s

35
Stale dated checks are generally considered to be outstanding for six months or longer.
36
Section 3.400.090 of the AICPA Code of Professional Conduct entitled False, Misleading, or Deceptive Acts in
Promoting or Marketing Services states as follows:

.01 “A member would be in violation of the “Acts Discreditable Rule” [3.400.001] if the
member promotes or markets the member’s abilities to provide services or makes claims
Mayor Barbarann Keffer
May 19, 2022
Page 17

regulations governing Certified Public Accountants. 37 Additionally, Merron’s actions regarding

the use of documents of UDT may also constitute a violation of the Acts Discreditable Rule of the
AICPA Code of Professional Conduct. 38

Our analysis and interviews suggest there may be confusion over terms such as “adjusted bank
balances” versus “actual bank balance” and the terms “fund” and “account”. Examples include
the following:
• Haman isn’t clear that he is showing adjusted bank balances which are net of all
outstanding checks issued.
• Laura Wentz states in an email dated February 1, 2022 (Exhibit 24) 39 “You have not
agreed to putting all of the ARP Funds into their own separate bank account thusly creating
a new Fund for the ARP Funds.”

about the member’s experience or qualifications in a manner that is false, misleading, or

deceptive.
.02 Promotional efforts would be false, misleading, or deceptive if they contain any claim or
representation that would likely cause a reasonable person to be misled or deceived. This
includes any representation about CPA licensure or any other professional certification or
accreditation that is not in compliance with the requirements of the relevant licensing
authority or designating body.”
37
Maryland General Assembly, Regulations governing Business Occupational and Professions, Section 2-603.
38
Section 3.400.070 entitled “Confidential Information Obtained From Former Employment or Previous Volunteer
Activities” states as follows:

“01. A member should maintain the confidentiality of his or her former employer’s confidential
information and should not use or disclose any confidential employer information obtained
as a result of an employment relationship, such as discussions with the employer’s vendors,
customers, or lenders (for example, any confidential information pertaining to a previous
employer, subsidiary, affiliate, or parent thereof, as well as any entities for which the
member worked in a volunteer capacity).
...
.04 A member should not use confidential employer information acquired as a result of a prior
employment relationship to his or her personal advantage or the advantage of a third
party, such as a current or prospective employer. The requirement to maintain the
confidentiality of an employer’s confidential information continues even after the end of
the relationship between a member and the employer. However, the member is entitled to use
experience and expertise gained through prior employment relationships.

.05 A member would be considered in violation of the “Acts Discreditable Rule” [3.400.001]
if the member discloses or uses any confidential employer information acquired as a
result of former employment or volunteer relationships without the proper authority or
specific consent of the former employer or organization for whom the member may work
in a volunteer capacity, unless there is a legal or professional responsibility to use or disclose
such information.”
39
See page 3 on Exhibit 24.
Mayor Barbarann Keffer
May 19, 2022
Page 18

We understand that Brinker Simpson & Company (“Brinker Simpson”), a regional CPA firm, was
engaged to fill the position of interim Finance Director. Part of their role is to assist with the
transfer of the UDT electronic accounting records from the AS 400 system to OpenGov. In
addition to the engagement of Brinker Simpson, UDT engaged UHY, LLP, a CPA firm, for
consultation services related to the ARP funds.

XI. Summary

At all times prior to February 4, 2022, amounts received pursuant to the ARP application were
commingled with other UDT general account funds. At all times the general fund bank account
balances exceeded $20.88 million. Despite possible concerns expressed by UDT Council
members and others, regulations and other guidance published by the U.S. Treasury did not require
amounts remitted to municipalities pursuant to ARP be maintained in a separate deposit account.
The Treasury guidance did limit the manner in which ARP funds could be used.

At the February 2, 2022 UDT Council Meeting Haman stated “we’re six million dollars less than
we started with.” Haman’s comment was based on his “treasurer’s report” which included only
eleven general fund accounts and compared the ARP funds to one general fund bank account.
Investigation established Haman was incorrect. The “Analysis of Operating Funds for the Month
of December 2021” 40 contradicts this statement, showing an “operating fund balance” of $1.9
million over the ARP amount received (i.e. approximately $22.7 million compared to the $20.88
million of ARP funds). At the time of this meeting Haman and Merron knew or should have
known that Haman’s report was flawed based on the “Analysis of Operating Funds for the Month
of December 2021” prepared by Merron and emailed to Haman on January 28, 2022.

Marcum performed analyses of the actual bank balances of general fund bank accounts comparing
them to the ARP funds from December 1, 2021 through February 7, 2022 and determined that the
actual bank balances exceeded the ARP funds at all times.
Merron prepared a “Revenue Replacement Schedule” in August 2021 to calculate $12 million of
ARP funds that were available as revenue replacement based on a reduction in revenue. Haman
made a presentation at an August 2021 Council Meeting citing to the $12 million amount
calculated by Merron. Ultimately, UDT budgeted for $6 million of ARP funds to be used as
revenue replacement.

During the February 2, 2022 UDT Council Meeting, Ordinance No. 3111 was introduced to
approve the supplement of the ARP funds to the previously approved 2022 budget. The ordinance
made “…supplemental appropriations for the 2022 budget from the American Rescue Plan
Allocation” including $6 million of revenue replacement. Our inspection of available documents
and meeting transcripts shows that only $6 million for revenue replacement has been approved as
of May 10, 2022 and the remaining ARP funds have not been appropriated.

40
See page 1 of Exhibit 8A.
 LIST OF ATTACHMENTS / EXHIBITS

Attachment A: Marcum LLP Advisory Services Profile including Litigation and Forensic Services
Attachment B: CVs of Kyle Anne Midkiff, CPA, CFE, CFF, Engagement Partner, and Nicole
Donecker, CPA, CVA, CAMS, Senior Manager
Exhibit 1: Documents and Information Considered
Exhibit 2: April 7, 2021 email from Barbarann Keffer to Vincent Rongione, Gary Merron and
Alison Dobbins re: Finance Meeting Agenda
Exhibit 3: June 4, 2021 email from Gary Merron to Alison Dobbins re: ARP Meeting
Exhibit 4: August 3, 2021 wire transfer receipt from Wells Fargo to PLGIT
Exhibit 5: August 22, 2021 email from Gary Merron to Santander Bank, copy to Erica Mellon
re: Schedule of Bank Accounts
Exhibit 6: August 18, 2021 Upper Darby Township Presentation: Coronavirus Recovery
Funds
Exhibit 7: Revenue Replacement Schedule

Exhibit 8A: Analysis of Operating Funds for the months October 2020 through December 2021

Exhibit 8B: January 28, 2022 email from Gary Merron to David Haman re: “This report is not
complete yet, but the CASH is correct.”

Exhibit 9: February 2, 2022 document re: adjusted bank balances for the months July through
December 2021

Exhibit 10: February 2, 2022 email from Gary Merron to Sean Kilkenny, Vince Rongione,
Alison Dobbins, David Haman, Laura Wentz, Barbarann Keffer and Courtney
Richardson re: Treasurer’s Report

Exhibit 11: February 2, 2022 email from Gary Merron to Sean Kilkenny, Alison Dobbins,
Barbarann Keffer, Courtney Richardson, David Haman, Laura Wentz and Vince
Rongione re: ARP Funds

Exhibit 12: February 11, 2022 email from Debbie Nifong to: Vincent Rongione, Alison
Dobbins and Mike Atwell re: February 2 Treasurer’s Report

Exhibit 13: February 7, 2022 Correspondence from PLGIT to Alison Dobbins verifying the
balance of account x5050

Exhibit 14: Marcum LLP prepared analysis of PLGIT Accounts x5013 and PLGIT x5050 for
the period July 2021 through February 2022
Exhibit 15A: January 27, 2022 email from Sean Kilkenny to Vincent Rongione, Barbarann
Keffer, and Courtney Richardson re: Upper Darby Finance Committee
Amendments to ARP Ord. 3111 (14 messages)

Exhibit 15B: May 3, 2022 email from Laura Wentz to Kyle Midkiff, Nicole Donecker, Meaghan
Wagner, Brian Andruszko, [email protected] and Christopher Boggs re:
Meeting Request

Exhibit 16: March 10, 2022 email from Gary Merron to Kyle Midkiff, Nicole Donecker and
Christopher Boggs re: Upper Darby Township Meeting Request

Exhibit 17A: December 6, 2020 Updated August 19 2021 Daily Times Letter to the Editor by
Gary Merron: Some Clarification on Upper Darby’s Financial Picture

Exhibit 17B: Screenshot from the February 7, 2022 Upper Darby Council Meeting with
transcript from 39:31 through 40:59

Exhibit 17C: CV of Gary Merron

Exhibit 17D: LinkedIn Profile of Gary Merron

Exhibit 18: Screenshot of Gary Merron’s computer screen on March 16, 2022 showing UDT
document “Consolidated (Combined & Condensed) Revenue & Expense Report”

Exhibit 19: January 6, 2021 Upper Darby Township Memorandum from Vincent Rongione to
All Employees re: Use of Township Computers, Emails and other Online
Resources

Exhibit 20: December 31, 2021 Prior Year Comparative Consolidated Revenue & Expense
Report and December 31, 2021 Year-by-Month Consolidated Revenue & Expense
Report Marcum LLP calculations

Exhibit 21: Marcum LLP prepared Summary of Reconciled Balances comparing ARP Funds
to the month-end reconciled account balances for all general and payroll accounts
for July 2021 through February 2022

Exhibit 22: Marcum LLP prepared summary of Bank Balances comparing ARP Funds to
Month Ending Bank Balances for general and payroll accounts for July 2021
through February 2022

Exhibit 23: Marcum LLP prepared Summary of Daily Bank Balances comparing ARP Funds
to Daily Bank Balances for general and payroll accounts for December 1, 2021
through February 7, 2022

Exhibit 24: February 2, 2022 email from Vincent Rongione to Matt Silva, Laura Wentz, Brian
Andruszko, Brian Burke, Meaghan Wagner, Sean Kilkenny, Courtney Richardson,
Barbarann Keffer, David Haman and Alison Dobbins
Exhibit C
Title 65 § 712.1. Notification of agency business required and
exceptions.
(a) Official action.--Except as provided in subsection (b),
(c), (d) or (e), an agency may not take official action on a
matter of agency business at a meeting if the matter was not
included in the notification required under section 709(c.1)
(relating to public notice).
(b) Emergency business.--An agency may take official action
at a regularly scheduled meeting or an emergency meeting on a
matter of agency business relating to a real or potential
emergency involving a clear and present danger to life or
property regardless of whether public notice was given for the
meeting.
(c) Business arising within 24 hours before meeting.--An
agency may take official action on a matter of agency business
that is not listed on a meeting agenda if:
(1) the matter arises or is brought to the attention of the
agency within the 24-hour period prior to the meeting; and
(2) the matter is de minimis in nature and does not involve
the expenditure of funds or entering into a contract or
agreement by the agency.
(d) Business arising during meeting.--If, during the conduct
of a meeting, a resident or taxpayer brings a matter of agency
business that is not listed on the meeting agenda to the
attention of the agency, the agency may take official action to
refer the matter to staff, if applicable, for the purpose of
researching the matter for inclusion on the agenda of a future
meeting, or, if the matter is de minimis in nature and does not
involve the expenditure of funds or entering into a contract or
agreement, the agency may take official action on the matter.
(e) Changes to agenda.--
(1) Upon majority vote of the individuals present and
voting during the conduct of a meeting, an agency may add a
matter of agency business to the agenda. The reasons for the
changes to the agenda shall be announced at the meeting before
any vote is conducted to make the changes to the agenda. The
agency may subsequently take official action on the matter added
to the agenda. The agency shall post the amended agenda on the
agency's publicly accessible Internet website, if available, and
at the agency's principal office location no later than the
first business day following the meeting at which the agenda was
changed.
(2) This subsection shall not apply to a conference or a
working session under section 707 (relating to exceptions to
open meetings) or an executive session under section 708
(relating to executive sessions).
 (f) Minutes.--If action is taken upon a matter of agency
business added to the agenda under this section, the minutes of
the meeting shall reflect the substance of the matter added, the
vote on the addition and the announced reasons for the addition.
(June 30, 2021, P.L.350, No.65, eff. 60 days)

2021 Amendment. Act 65 added section 712.1.

Exhibit D
 Agenda
Committee Meeting
June 1, 2022

1.0 Pledge of Allegiance to the flag of the United States of America

Moment of Silence

2.0 Opening of Meeting

3.0 Roll Call

4.0 Rules for Meeting Decorum

“Upper Darby residents have the opportunity to speak for three (3) minutes. Residents are
prohibited from making threats, using profanity, or acting in a manner that would impede or
prevent the conduct of the business of the meeting.” Public Forum should not exceed thirty (30)
minutes.”

5.0 Public Forum

6.0 Guest Speakers:

FOP representative

7.0 The Honorable Mayor Barbarann Keffer

8.0 President of Council, Brian K. Burke

9.0 COMMITTEE REPORTS

9.1 Finance and Appropriations Committee

Chair: Laura A. Wentz
Members: Matt Silva, Meaghan R. Wagner, Brian Andruszko
9.2 Public Safety Committee
Chair: Lisa Faraglia
Members: Andrew Hayman, Danyelle Blackwell, Meaghan R. Wagner
9.3 Planning, Zoning and Building Code Committee
Chair: Laura A. Wentz,
Members: Lisa Faraglia, Meaghan R. Wagner, Andrew Hayman
9.4 Municipal Services, Licensing and Public Works Committee
Chair: Hafiz Tunis Jr.
Members: Michelle Billups, Andrew Hayman, Brian Andruszko
9.5 Parks and Recreation Committee
Chair: Matt Silva
Members: Lisa Faraglia, Danyelle Blackwell, Michelle Billups
9.6 Law and Government & Rules and Procedures Committee
Chair: Matt Silva
Members: Meaghan R. Wagner, Laura A. Wentz, Andrew Hayman

1
 (a) Motion to appoint a Solicitor to represent Council members at Council meetings
*Motion to approve
9.7 Public Health and Environmental Affairs Committee
Chair: Danyelle Blackwell
Members: Hafiz Tunis Jr., Sheikh M. Siddique, Matt Silva
9.8 Community Engagement Committee
Chair: Hafiz Tunis Jr.
Members: Danyelle Blackwell, Laura A. Wentz, Michelle Billups
9.9 Cultural Competency Committee
Chair: Michelle Billups
Members: Matt Silva, Danyelle Blackwell, Sheikh M. Siddique
9.10 Community Development Committee
Chair: Sheikh M. Siddique
Members: Hafiz Tunis Jr., Brian Andruszko, Laura A. Wentz

10.0 Solicitor

11.0 Old Business

(a) 2021-2022 Budget
(b) Article 5 of the Home Rule Charter- ALL sections
(c) Marcum LLP Report and ARPA Funds
(d) Essential workers and ARPA Funds
(e) Union Contracts for Township employees

12.0 New Business

13.0 Motion to adjourn

2
Exhibit E
“Upper Darby Council Meeting - 6/1/2022.” YouTube, uploaded by Upper Darby, streamed live
on June 1, 2022, https://www.youtube.com/watch?v=Mh8sH0MP6Xs&t=13969s
Last Retrieved on July 1, 2022.
Exhibit F
Exhibit G
 UPPER DARBY TOWNSHIP
100 GARRETT ROAD
UPPER DARBY, PA 19082-3135

Chief Administrative Officer

Vincent A. Rongione, Esq. Phone: 610-734-7622
Email: [email protected] Fax: 610-734-7709

MEMORANDUM

DATE: January 31, 2020

TO: Laura Wentz, Council President

Township Council
Alexis Cicchitti, Office of the Municipal Clerk

FROM: Vincent A. Rongione, Esq., Chief Administrative Officer

SUBJECT: Addressing Constituent Concerns

_____________________________________________________________

Knowing that Council Members’ job includes answering constituent complaints and concerns,
we are trying to formalize a system to streamline communication and best serve our residents.

Section 306 of the Home Rule Charter reads, in part:

“Council shall in all matters act as a body and it is contrary to the spirit of this Charter for any
member of Council to publicly or privately interfere with the administration of the Township.”

You are encouraged to submit constituent requests through the Township website’s Requests
Line at www.upperdarby.org/contact/requests or [email protected].

The Mayor would like to remind the members of Township Council that all interactions with
Department Directors and their subordinate staff should be conducted through the Office of the
Municipal Clerk, in cooperation with the Office of the Chief Administrative Officer, who shall
facilitate the provision of information and access to Administration resources to the extent that it
is appropriate and possible to do so.

No direct requests for the use of Administration resources or information shall be made except
through this channel, other than through those forums for interaction that are normally available
to all other members of the public. Township Council members should refrain from entering
office areas that are otherwise restricted to members of the general public. Township employees
in departments other than that of the Office of the Municipal Clerk are instructed to respond to
directives only from their appropriate supervisors, and not from the members of Township
Council except as directed to do so by the Mayor or the CAO.

Cc: Department Heads

Barbarann Keffer, Mayor
Exhibit H
6/6/22, 10:50 AM Township of Upper Darby Mail - Constructive Termination & Hostile Work Environment

Vincent Rongione <[email protected]>

Constructive Termination & Hostile Work Environment

2 messages

Vincent Rongione <[email protected]> Sat, Feb 12, 2022 at 9:20 AM

To: Matt Verdecchia <[email protected]>
Cc: Sean Kilkenny <[email protected]>, Courtney Richardson <[email protected]>, Barbarann Keffer
<[email protected]>

Matt: I am writing today to inform you that my working conditions have seriously passed the point of what is reasonable or
acceptable. I am being persistently targeted and harassed and I can no longer sit silent while my mental and physical
health deteriorate and my family suffers immeasurable harm as a result. This is a very difficult email to write because I
love my job, my boss, and the opportunity that they provide me to serve our community. Unfortunately,  and increasingly
over the last 25 months Councilwoman Laura Wentz has made my work-life harrowing and intolerable. She has
consistently and increasingly harassed me via email as well as in person and behind my back. She has increasingly and
consistently has threatened my job and to cut or eliminate my salary at meetings including myself, my boss, my
subordinates, and other Council people as well as in conversations where I was not present but I believe the intent was
for the information to get back to me and it did. Because she is an elected official and until recently served as the Council
President I never felt I could share these concerns for fear of retribution from her however, the needless anguish and
hardship they have caused me and my family cannot continue and so I must speak out. It would be difficult to overstate
the amount of stress and anxiety that she has created in my life. I have been trying to draft this email for weeks and even
longer in my mind and as I sit here now about to hit send my wife is out with our son on a simple regular
saturday morning trip to the store and the park that I could not participate in because of my level of anxiety and stress
created by yet another overtly hostile, wildly inaccurate, and accusatory email from Laura Wentz. This type of damage
and loss are immeasurable. Time that I can never get back with my family can never be properly compensated. Pain
caused to my wife and son that I will never be able to live down or forget. Her accusations are dangerous, knowingly
false, and of a character that is truly worrisome. I had hoped for some time that she would relent but it has only gotten
worse. It is truly horrible and no one should be forced to tolerate it simply to earn a living. She is clearly attempting to
harrass me into resigning and/or forcing me to quit. I do not know if there is anything that can be done but I simply could
not let these things go unsaid any longer. 

Very truly yours,

--

Vincent A. Rongione, Esq.

CAO - Upper Darby, Pa.

Matt Verdecchia <[email protected]> Mon, Feb 14, 2022 at 8:39 AM

To: Vincent Rongione <[email protected]>
Cc: Sean Kilkenny <[email protected]>, Courtney Richardson <[email protected]>, Barbarann Keffer
<[email protected]>

I am available at your convenience. Matt

[Quoted text hidden]

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