PRESS RELEASE: Wentz & Burke in Violation of UD Home Rule Charter According to Official Legal Memo
Published on May 24, 2022
May 24, 2022
Wentz & Burke in Violation of UD Home Rule Charter According to Official Legal Memo
Upper Darby, PA: Today, the Law Offices of Sean Kilkenny, who serves as Upper Darby solicitor, issued an official legal opinion stating that multiple recent actions by certain Council Members violated the Home Rule Charter. The opinion states that the potential remedy for members of Council who willfully violate an express provision of the Charter is immediate forfeiture of Office. The violations stem from the ongoing issues surrounding Upper Darby’s allotment of American Rescue Plan Act funding from the federal government. The legal opinion comes following the release of an independent forensic investigation into the handling of the funds which was conducted by the highly respected accounting firm, Marcum Advisors LLP and stated that there was no misuse of the funds.
“Certain members of Council have been violating the Charter’s prohibition on Council interference for months but it has now become so flagrant, obvious, and damaging to our community that I requested a formal legal opinion from our solicitor,” said Mayor Keffer. “Our community and our employees deserve better than this from these Council members. It really is long past time to put petty personal feelings and political ambitions aside and do what is best for the people who elected us to serve them.”
The legal memo outlines a number of actions which constitute specific violations of the Charter including:
- Violating the Charter’s general prohibition on Council interference with the Administration
- Attempting to direct the work of Administration staff
- Engaging in direct negotiations with Township union employees
- Soliciting requests from local non-profits for ARPA funding
The Charter defines the Council’s powers and purview as strictly legislative and gives all necessary and incidental authority and power to the Mayor to conduct the administration of the government. All of the items listed above and in the legal memo fall well outside of the Council’s legislative powers and provide the general basis for the legal conclusions in the memo.
“It really is a sad thing for the community when politicians allow their ego to not only cloud their judgment but to really negatively impact the lives of the people they are elected to serve,” said Upper Darby Chief Administrative Officer Vincent Rongione. “Unfortunately, that is exactly where these certain Council members have led Upper Darby. It really should be embarrassing to them personally but unfortunately and more importantly, as one resident put it at a recent town hall meeting, their conduct is embarrassing for the entire community.”
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