PRESS RELEASE: Judge Rules Council Violated Sunshine Act - Dismisses Petition

August 30, 2022

Judge Rules Council Violated Sunshine Act - Dismisses Petition

UPPER DARBY, PA: Today, August 30th, Delaware County Court of Common Pleas Judge Spiros Angelos ordered that Upper Darby Township Council’s petition for declaratory judgment be dismissed on the grounds that their June 1, 2022 action violated the Pennsylvania Sunshine Act. The Sunshine Act, designed to ensure transparency and robust democratic participation in government, requires that the public be given notice of any “official action” before it is undertaken so that residents have an opportunity to participate and comment. Violations of the Sunshine Act deprive the public of this fundamental right to have a voice in their government.

“I am thankful that the court has upheld the right of the people to participate in their government and to be fully informed of upcoming votes and agendas,” said Mayor Barbarann Keffer. “The willful violation of the Sunshine Act is very disrespectful to our residents and staff. We have lost countless hours since June 1 on this topic. I hope this decision will restore some sense of sanity and good faith to our Council. Now is the time to move forward, and I am eager to work with Council, CAO Rongione, and the community to do just that.”

The vote taken by Council on June 1, 2022 at the public Council meeting attempting to deem the office of Chief Administrative Officer “forfeited” was not identified on the meeting’s agenda. After objections to the vote were raised by the Township’s solicitor, the Mayor, several members of Council, and the public, the slim majority of Council filed this petition asking the Court to declare their vote valid and enforceable. The Court rejected their request and dismissed their petition. Because the Court found that the vote was taken in violation of the Sunshine Act and was therefore invalid, the Court did not address whether Council has the power under the Home Rule Charter to deem the office of the Chief Administrative Officer forfeit by a simple majority vote. 

“It is my sincere hope that we can put this unfortunate chapter behind us and get back to the important work of serving our residents and moving our community forward,” said CAO Vincent Rongione. “Every reasonable person associated with this matter knew the vote violated the law from the beginning, including the people who took it. The vote was taken against the advice of their lawyers and while their own fellow Council members were warning them that this would be the result.”

Any government officials who participate in a meeting with the intent and purpose to violate the Sunshine Act can be convicted of a summary offense subject to penalties of up to $1,000. This decision only addressed the narrow question of the validity of the vote, and did not address potential convictions or penalties. 

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