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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