DV Journal

The situation in Upper Darby is getting curiouser and curiouser, as Alice in Wonderland might say.

Even though Mayor Barbarann Keffer is in a rehab facility after being arrested for allegedly driving under the influence, township solicitor Sean Kilkenny has issued an opinion that she is not, in fact, absent.

“In accordance with Section 803 (F) of the Home Rule Charter, Sean Kilkenny, in his capacity as the Township Legal Officer, has determined that the mayor is not absent as is defined by the Home Rule Charter. Therefore, an acting mayor is not needed,” Upper Darby Communications Associate Haely Quillen-Knox said in response to Delaware Valley Journal’s queries.

A few hours later on Monday, Council President Brian Burke sent a press release declaring himself interim mayor during Keffer’s absence.

“I encourage Mayor Keffer to prioritize her health and I truly wish her the best as her recovery process moves forward,” said Burke. “I want to be clear that I am stepping in to fulfill her duties on a temporary, interim basis until such time as Mayor Keffer returns from her absence and is able to perform all of the duties as outlined by the township charter.”

Burke claims that despite Kilkenny’s assertion, there is currently no executive in place overseeing the operations of the township who was either elected by residents or was confirmed by Council per the township’s Home Rule Charter. Section 405A of the charter provides for the council president to serve as interim mayor in the event of the mayor’s absence.

“There are specific duties, per the township charter, that must be carried out either by the mayor or the chief administrative officer – who must have been nominated by the mayor and confirmed by township council,” said Burke. “In the absence of both the mayor and with no confirmed CAO in place, I feel that it is my duty and obligation to follow the continuity of government provisions as outlined by the charter and step in and fill the position of mayor on an interim basis.

“Now is not a time for partisanship or personal agendas,” said Burke. “My priority is simply to ensure that the township government continues to operate as normal in the mayor’s absence.”

When DVJournal asked Kilkenny’s office why Burke was not interim mayor, the township sent this contradictory response: “In light of recent claims made by Council President Brian Burke, Upper Darby Township would like to clarify that Mayor Barbarann Keffer has not stepped down from office and remains the mayor of Upper Darby per thorough review of the Home Rule Charter by Upper Darby Township Legal Officer, Sean P. Kilkenny, Esq. Solicitor Kilkenny has clearly communicated to Council that ‘in accordance with Section 803 (F) of the Charter and in my capacity as the Township Legal Officer I have determined that the Mayor is not absent as is defined by the Home Rule Charter.’

Mayor Keffer is in contact with the Acting Co-Chief Administrative Officer to provide policy guidance and continues to carry out her duties as the Mayor of Upper Darby Township,” according to the statement.

So what’s really going on?

“Somebody’s got to mind the store,” says former Councilman Tom Wagner, who believes Burke is doing the right thing. And he dismissed Kilkenny’s objections as insider politics.

“The solicitor often takes the mayor’s side. He seems to think he is her lawyer, not the township’s,” Wagner said.

Keffer, who was also involved in a traffic accident during the Jan. 26 DUI incident, appointed Alison Dobbins and Rita LaRue as acting co-chief administrative officers in the wake of former township administrator Vince Rongione’s resignation in January amid controversy.

According to court documents, Keffer did not cooperate with police during her arrest and refused a breathalyzer test, mug shot, and fingerprints. She was arrested in Upper Chichester after leaving a Democratic fundraiser.

Residents were concerned about the township leadership, and some suggested that Council President Burke step in as acting mayor. Residents were also concerned that the acting administrators, whose positions are not listed in the Home Rule Charter, would not be able to sign township checks.

However, Quillen-Knox said that they do.

In what might be described as a surreal council meeting last Wednesday, many Upper Darby residents spoke about Keffer’s arrest and her entry into rehab after she posted an apology on the township’s website.

Although residents, some with sympathy for Keffer and others demanding that she resign, spoke out, one after the other, council members did not mention the incident that had tongues wagging throughout the township. Instead, after listening to hours of residents’ comments, the council went on with its business meeting as if nothing unusual had happened.

Resident Kyle McIntyre said he is proud of Keffer for entering rehab to deal with her addiction.

“We should all lend her the empathy and compassion all of us would deserve if we were struggling with addiction ourselves,” he said.

To the council, he said, “In no way is this an excuse for your own political advancement. The proverbial body was not cold before some of you began plotting. Let it play out and cease your palace intrigue.”

But Joanne Nammavong called the mayor out for refusing to take a breathalyzer test or to be photographed and fingerprinted.

“In Pennsylvania, it is illegal to refuse to take a breathalyzer when asked by a law enforcement officer,” Nammavong said, said that triggers a 12-month license suspension. “Will Upper Darby taxpayers pay for a car and driver?”

She added, “The mayor needs to resign immediately. She has no regard for human life.”

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Kofi Osei, one of a slate of candidates from Towamencin NOPE (Neighbors Opposing Privatization Efforts), led the successful effort for voters to approve a Government Study Commission in Towamencin to recommend whether the township should adopt a “home rule” charter.

NOPE opposed the sale of the township’s sewers.

Towamencin NOPE is a group of Towamencin residents who opposed the sale of the sewer system. Members are Democrats, Independents, and Republicans, who worked together towards a shared vision of keeping control of the sewer system and sewer rates.

While affiliated with other local, grass-roots NOPE groups in Bucks County, Conshohocken, and Norristown that share the same ideas and values, Towamencin citizens are in charge of Towamencin NOPE.

“I was looking through the Township website to find out what our trial plan was like and noticed that we were exploring sewer monetization,” Osei said. “I have read about what had happened in other municipalities and reached out to David McMahon, who started the first NOPE group in Norristown.”

McMahon and Osei are both members of the Buxmont Branch of the Democratic Socialists of America. Osei has been in Towamencin for 26 years and many of his friends and family are still around.

“I wanted to get involved first and foremost because Towamencin is where I grew up, and I did not want to see my friends and family sold out to some big utility company,” Osei added. “The more I read about water/sewer privatization, and specifically the ‘fair market’ valuation method PA uses, the less I thought it was a good idea and wanted to make sure the people of Towamencin knew what was going on before they eventually get the bill a few years later.”

Osei, 29, one of seven individuals, will serve on the Government Study Commission, which evaluates how well-run the local government is and solicit feedback from residents.

Before promoting the commission, Osei went to township meetings for a year and was appalled that a governing body could so blatantly ignore facts and constituent opinion on such a huge decision. Osei wanted to make a charter where that would never happen again.

“I believe home rule has the potential to stop the sewer sale. I do not see any merits in fully privatizing water/wastewater utilities. I believe a charter precluding the township from selling such utilities would be the best,” Osei said. “Some other municipal charters in other states have similar privatization bans. Besides the sewer sale, Pennsylvania has very weak citizen provision, and the only way to get a broad referendum right in PA is to have a home rule charter that gives citizens that right.

“If the government study commission writes a charter that stops the sewer sale and adds referendum options, I hope Towamencin voters will be responsive in a future election,” Osei added.

In other services to the community, Osei was involved in the KEY club at his high school, where he volunteered for many events held in the area.

Osei completed his undergraduate degree in Computational and Applied Mathematics from West Chester and works as an actuarial analyst in health insurance. While Osei was not politically active before NOPE, he hopes to stay involved locally.

“I have no strong plans currently. This non-partisan, issue-focused, and hyper-local type of politics has been much more enjoyable than a lot of the partisan stuff at the state/federal end,” Osei said. “I perceive a need for the General Assembly to reform our utility laws, especially with how messy the Chester Water Authority and DELCORA situations are.”

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There is a group of people who are against the sale of the Towamencin sewer system.

They are promoting a complete change in our form of government, hoping they will be able to change how this decision was made.

While I understand that not everyone agrees with all decisions made by local government, residents should be aware of some of the negatives of Home Rule.

Second Class Townships, such as Towamencin, have limits on taxing set by Pennsylvania code. However, it is my understanding that home-rule municipalities are only subject to a few limitations on the rates of taxation imposed upon residents including earned income taxes. In Pennsylvania, the highest personal earned income tax rate municipalities have home rule charters. Home Rule also allows greater influence by private interest groups seeking to influence public policy.

Residents should also be aware of the law and the guidance put out by the Department of Community and Economic Development in 2020. If the referendum passes it would create a Government Study Commission. There would then have to be public hearings as well as multiple Commission meetings, the drafting of a new charter, and a complete report, followed by a two-month period of public review. This would be remarkably like a constitutional convention.

Completely changing our form of government is not the answer. If residents do not like the decisions made, they can vote for change by electing new supervisors.

Those of us who are running under “Towamencin Residents United Serving Towamencin” (TRUST) are committed to keeping Towamencin Township a wonderful place to live, work and raise a family, especially now during these uncertain times.

Douglas Kile, Connie Brown, Jeffrey K Baer, Richard Todd Fisher, Amy Tarlo, Michael E. Main, and Nancy J. Becker are running for the Government Study Commission under the Township Residents United Serving Towamencin (“TRUST”), to ensure all voices are heard and all issues addressed. We are not motivated by one political issue and will take an honest look at the charter to ensure that any changes made are best for the long-term well-being of Towamencin and all its residents.

When you vote on November 8, remember why you moved to Towamencin or continue to stay here. We have amazing open spaces, parks, farms, and wonderful housing communities.

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