About Upper Darby Township

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Upper Darby Township became incorporated as a township on August 31, 1736 from Darby Township. Today, Upper Darby Township is classified as a First Class Township operating under the Pennsylvania Home Rule Charter.

The present government consists primarily 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.

Please take some time to read our Privacy & Security Policy to understand what information Upper Darby Townships collects, what it does with that information and how it protects it. Our Terms & Conditions outline your usage of this website. In the Frequently Asked Question section we try to answer many of the questions that our users routinely ask. If you have any questions or comments, feel free to contact us.

 

Privacy Policy


Upper Darby Township, put's forth every effort to ensure the privacy and security of information that you share with us online. In addition, we urge you to take steps to protect the privacy of your personal information, such as safeguarding your passwords and logging off of the website after submitting personal information.

Our privacy policy explains the information practices we use at upperdarby.org related to:

  • How we protect your information
  • How we use your information
  • How to contact us about privacy

Our site links to a limited number of other websites. Upperdarby.org is not responsible for the content or the privacy policies of these websites. We encourage you to read the privacy statements for each website you visit. Upperdarby.org will occasionally update this privacy policy as changes to the site necessitate it. We encourage you to periodically review this policy to be informed of how we are protecting your information.

How do we protect your information?

Our website has a number of security measures in place to protect against the loss, misuse or alteration of the information under our control. Computer systems have restricted access limited only to those persons and organizations necessary to its proper functioning. This access applies to all electronic and physical security measures. Highly sensitive data including credit card information is additionally secured through the use of encryption, such as the Secure Socket Layer (SSL) protocol. Our servers are located in a secure environment.

How do we use the information you provide?

Any information submitted to us will only be used for internal Upper Darby Township business. We will never sell or exchange your information to any other third party under any circumstances, unless required by law.

IP Addresses and Log File Data:

We log IP address, which is the location of your computer or network on the Internet, for systems administration and troubleshooting purposes. We also use page hits in the aggregate to track the popularity of pages that people visit in order to improve the quality of the site. There is no personal identifiable information collected in our log files.

Information on Children:

Because we care about the safety and privacy of children online, we comply with the Children's Online Privacy Protection Act of 1998 (COPPA). COPPA and its accompanying FTC regulations establish United States federal law that protects the privacy of children using the Internet. We do not knowingly contact or collect personal information from children under 13. Our site is not intended to solicit information of any kind from children under 13, and we have designed our sites to block our knowing acceptance of information from children under 13 whenever age-related information is requested.

Terms of Services


These Terms of Service apply to your use of upperdarby.org, all its sub-domains and all associated services including, but not limited to, e-mail received from upperdarby.org and all its sub-domains and content embedded on other websites (collectively, the "Website."). If you browse or submit information through or otherwise use the Website, you accept these Terms of Service. If you do not agree with these Terms of Service, please do not access or use the Website.

Privacy Policy

These Terms of Service include our Privacy Policy, which describes how we use your personal information.

Accuracy of Information

We work hard to make sure all information provided on the Website is accurate, up-to-date and complete. However, the information and materials on the Website may contain errors or inaccuracies, including both typographical and substantive errors. We reserve the right, in our sole discretion, without any obligation and without any notice requirement, to discontinue, change, improve or correct the information, materials and descriptions on the Website and to suspend or deny access to the Website for scheduled or unscheduled maintenance, upgrades, improvements or corrections. Any dated information is published as of its date only, and we have no responsibility to update or amend any such information.

Links to Other Websites

These Terms of Services apply only to our Website. We provide links to other websites, but we do not control what those websites say or do. In particular, websites to which we link may request your personal and/or financial information. We are not responsible for other sites' content, information collection practices, or use of the information they collect. Links to other websites do not constitute an endorsement of those sites or their content, owners, or posters.

We encourage you to link to our Website, but you acknowledge that such linking does not constitute an endorsement by us of you, your website, or any information or content therein.

Your use of Information Contained on Website

The entire Website is copyrighted. Certain articles or materials within the Website also may be separately copyrighted by us or by others, as indicated. If you find these materials useful, you may download, copy, display, print out, or send a copy to others so long as each copy indicates the appropriate copyright notice, credits us as your source, and is used only for your personal use. You are expressly prohibited, however, from downloading, copying, displaying, printing out, or sending a copy to others for bulk or commercial uses, or for any defamatory or otherwise illegal purpose. You acknowledge that the permission granted in this section does not constitute an endorsement by us of you or your use of the information and content. Please contact us directly for special copyright permissions.

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You may not attempt to gain unauthorized access to the Website, or computer systems or networks connected to the Website, through intrusion, password or data mining, or any other means to circumvent security procedure. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or any service we provide, or interfere with any other party's use and enjoyment of the Website.

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THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE AND OUR AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE, AS TO THE OPERATION OF THIS SITE, OR THE ACCURACY, TIMELINESS, OR COMPLETENESS OF INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND ANY INFORMATION CONTAINED HEREIN IS AT YOUR SOLE RISK. WE ARE NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

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Modifications

We reserve the right to modify these Terms of Service at any time by posting such change here. Your continued use of these Website after such change is made constitutes acceptance of and agreement to be bound by the Terms of Service as modified.

  • Article I - Name and Boundaries
    • 101 - Name
    • 102 - Boundaries
  • Article II - Powers of the Township
    • 201 - Township Powers
    • 202 - Construction
    • 203 - Intergovernmental Relations
  • Article III - Township Council
    • 301 - Name
    • 302 - Powers of Council
    • 303 - Composition
    • 304 - Qualifications for Member of Council
    • 305 - Terms for Members of Council
    • 306 - Prohibitions
    • 307 - Vacancies; Forfeiture of Office; Filling of Vacancies
    • 308 - Judge of Qualifications
    • 309 - Compensation of Council Members
    • 310 - Organization of Township Council
    • 311 - Procedures
    • 312 - Reports
    • 313 - Council Districts
    • 314 - Investigations
    • 315 - Independent Audit
  • Article IV - The Mayor
    • 401 - Qualifications and Term of Office
    • 402 - Prohibitions
    • 403 - Powers and Responsibilities of Mayor
    • 404 - Veto Powers of Mayor
    • 405 - Vacancy in the Office of Mayor
    • 406 - Compensation of Mayor
  • Article V - Chief Administrative Officer
    • 501 - Appointment and Dismissal
    • 502 - Qualifications
    • 503 - Compensation
    • 504 - Powers and Duties of CAO
  • Article VI - Township Treasurer
    • 601 - Qualifications and Term of Office
    • 602 - Powers and Duties of the Treasurer
    • 603 - Vacancy
    • 604 - Compensation
    • 605 - Forfeiture of Office
  • Article VII - Ordinances
    • 701 - Actions Requiring an Ordinance
    • 702 - Ordinances in General
    • 703 - Emergency Ordinances
    • 704 - Codes of Technical Regulations
    • 705 - Authentication and Recording; Codification; Printing
  • Article VIII - Administrative Structure
    • 801 - Administrative Structure
    • 802 - Administrative Code
    • 803 - Personnel
  • Article IX - Financial Procedures
    • 901 - Fiscal Year
    • 902 - Submission of Budget and Budget Message
    • 903 - Budget Message
    • 904 - Budget
    • 905 - Capital Program
    • 906 - Council Action on Budget
    • 907 - Council Action on Capital Program
    • 908 - Public Records
  • Article X - Recall
    • 1001 - General
    • 1002 - Recall Procedure
    • 1003 - Notice to Incumbent
    • 1004 - Recall Elections
    • 1005 - Disqualification for Office
    • 1006 - Limitations
  • Article XI - Transition and Schedule
    • 1101 - Adoption
    • 1102 - Effective date
    • 1103 - Transition to an Eleven (11) Member Council, Election Schedule, and Transition Period
    • 1104 - Temporary Ordinances
    • 1105 - Continuity
  • Article XII - General Provisions
    • 1201 - Amendments
    • 1202 - Election Procedures
    • 1203 - Sever ability

ARTICLE I: Name and Boundaries

Section 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.

Section 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.

ARTICLE II: Powers of the Township

Section 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.

Section 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.

Section 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.

ARTICLE III: Township Council

Section 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.

Section 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.

Section 303. Composition

Except as provided in Article XI, Council shall be composed of eleven (11) members. Seven (7) members shall be elected from districts. Four (4) 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.

Section 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 (1) 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 (1) year preceding the date on which they shall assume office and shall remain residents of the Township throughout their term of office.

Section 305. Terms for Members of Council

Except as provided in Article XI, Council members shall be elected to serve staggered four (4) year terms. Three (3) District Council members and two (2) Council members-at -large shall be elected at the same municipal election at which the Mayor is elected. The remaining Council members (including four (4) from districts and two (2) at-large)) shall be elected at the next municipal election. Election of Council members shall continue to alternate in this manner.

Members appointed to fill a vacancy shall serve until the expiration of the original Council member's term.

Section 306. Prohibitions

No Council member, during his term, shall hold any other compensated position in the government of Upper Darby Township.

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.

Section 307. Vacancies: Forfeiture of Office; Filling of Vacancies

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 Section 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 Section 405D (relating to notification if the President of Council decides not to serve).

Forfeiture of Office. A Council member shall forfeit his office if he:

  • Lacks at any time during his term of office any qualifications for the office prescribed by this Charter or by law;
  • Willfully violates any express, substantive prohibition of this Charter;
  • Is convicted of a crime involving moral turpitude; or
  • Fails to attend more than four (4) consecutive Council meetings without being excused by the President of Council.

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 forty-five (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 twenty-five (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.

Section 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 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.

Section 309. Compensation of Council Members

Each Council member shall receive an annual salary of five thousand dollars ($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 (6) months and that said salary increase shall not exceed a rate of five per cent (5%) compounded per annum for each year since the last salary was adopted.

In addition to the compensation provided to Council members pursuant to Section 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 Section 503.

Except as provided in Sections 309A and 309B, 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. Such reimbursement shall be pursuant to procedures established by resolution of Council.

Section 310. Organization of Township Council

The Township Council shall organize at 7:30 p.m. on the first (1st) 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.

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.

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.

Section 311. Procedures

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.

Public Meetings.

  • Public meetings shall be held regularly at least once in each month at such times and places as Council may prescribe by rule.
  • Up to the first one-half (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.
  • 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.

C. Special and Emergency Meetings

  • 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 twenty-four (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.
  • 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.

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.

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.

F. Official Actions. Official actions by Council shall be taken only at a public meeting by the adoption of an ordinance, a resolution, or by a motion.

  • 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. 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.
  • Except as provided in subsection 3, 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.
  • The affirmative vote of six (6) 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.

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.

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.

Electronic Recordings. Council shall provide for electronic recordings of all public meetings. These recordings shall be preserved for a period of at least two (2) years, open to the public for inspection during reasonable hours, and kept at the office of the Township.

Agendas. The agendas of public meetings shall be made available to the public by noon of the day preceding the public meeting.

Section 312. Reports

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.

Section 313. Council Districts

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 ten percent (10%) variance from the mean in any such district.

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.

Section 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.

Section 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 (3) years, provided that the designation for any particular fiscal year shall be made no later than thirty (30) days after the beginning of such fiscal year.

ARTICLE IV: The Mayor

Section 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 (1) 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 (4) 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 (3) successive terms.

Section 402. Prohibitions.

The Mayor shall not hold any other compensated position in the government of the Township of Upper Darby.

Section 403. Powers and Responsibilities of Mayor.

The Mayor, in addition to any other power and responsibilities provided in this Charter, shall:

  • Supervise and control, either directly or through subordinate employees, all the administrative departments and divisions of the Township.
  • Execute and enforce all laws, ordinances, and resolutions and see that they are faithfully obeyed.
  • Appoint, with the approval of six (6) members of Council, a Chief Administrative Officer.
  • 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.
  • Submit to the Council an annual report describing the state of affairs of the Township.
  • Prepare and submit to the Council the annual budget and capital program of the Township.
  • Report to the public, at least once a year, on the state of affairs of the Township.
  • Execute, or cause to be executed on the Township's behalf, all deeds, contracts, and other instruments to which the Township is a party.
  • Have the power to approve or veto legislation as set forth in Section 404 of this Article.
  • Appoint, with the approval of six (6) members of Council, all members of authorities, boards, and commissions except as otherwise provided in law.
  • 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.
  • 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.
  • 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.

Section 404. Veto Powers of the Mayor.

Every ordinance and resolution passed by Council shall be sent to and received by the Mayor within three (3) days from its adoption. The Mayor may approve such legislation by signing it within a period of ten (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 ten (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 (10) day period. Following the veto by the Mayor, Council may reconsider the legislation; and it shall take effect if it is approved by seven (7) members of Council notwithstanding the veto of the Mayor.

Section 405. Vacancy in the Office of Mayor

  • 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.
  • 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.
  • Forfeiture of Office. The Mayor shall forfeit his office if he:
    • Lacks at any time during his term of office any qualification for the office as prescribed by this Charter or by law;
    • Willfully violates any express, substantive prohibition of this Charter;
    • 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 forty-five days of the occurrence of the vacancy in the office of Mayor, the Council shall choose, by majority vote of the members then 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 (45) day notice period provided above, if the President or other member of Council becomes Mayor for longer than the foregoing forty-five (45) day period, his office as Council member shall become vacant.

Section 406. Compensation of Mayor.

  • The Mayor's salary shall be ten thousand dollars ($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 Section 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 Section 503.
  • C. Except as provided in Sections 406A and 406B, 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.

ARTICLE V: Chief Administrative Officer

Section 501. Appointment and Dismissal

  • Appointment. The Chief Administrative Officer shall be appointed by the Mayor with the approval of six (6) members of Council. If Council fails to confirm or reject such appointment within thirty (30) days after it is submitted to Council, such appointment shall become final.
  • 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.
  • Forfeiture of Office. The Chief Administrative Officer shall forfeit his office if he:
    • Lacks at any time during his term of office any qualification for the office as prescribed by this Charter or by law;
    • Willfully violates any express, substantive prohibition of this Charter;
    • Is convicted of a crime involving moral turpitude.

    Section 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.

    Section 503. Compensation

    Compensation for the Chief Administrative Officer shall be determined by Council.

    Section 504. Powers and Duties of the Chief Administrative Officer.

    • Under the direction of the Mayor, the Chief Administrative Officer shall have primary authority for the following activities:
      • Maintain the accounting system and accounting records;
      • Maintain budgetary records and assure that all expenditures are in accordance with the budget;
      • Purchase supplies and equipment;
      • Maintain personnel files and records and maintain a description of all jobs and payscales.
    • 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 enumerated in Section (A)(1) above) as shall be delegated to him by the Mayor.
    • 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.
    • 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.

ARTICLE VI: Township Treasurer

Section 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 (4) 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.

Section 602. Powers and Duties of the Treasurer

The Treasurer shall disburse Township moneys in accordance with procedures established by Council in the Administrative Code. No such order shall be paid unless there is a sufficient appropriation.

Section 603. Vacancy

Vacancies in the office of Treasurer shall be filled by Council for the remainder of the unexpired term.

Section 604. Compensation

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

Section 605. Forfeiture of Office

The Treasurer shall forfeit his office if he:

  • Lacks at any time during his term of office any qualification for the office as prescribed by this Charter or by law;
  • Willfully violates any express, substantive prohibition of this Charter;
  • Is convicted of a crime involving moral turpitude;
  • Directly or indirectly collects taxes for any agency other than the Township which has the authority to impose taxes.

ARTICLE VII: Ordinances

Section 701. Actions Requiring an Ordinance

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:

  • Adopt or amend the administrative code;
  • 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;
  • Levy taxes and appropriate funds for operating and capital expenditures. Increases in the Real Property Tax rate are limited to a maximum of three (3) mills or five per cent (5%) of the prior year's budget per annum approved through the action of public referendum.
  • Grant, renew, or extend a franchise;
  • Authorize the borrowing of money, except loans in anticipation of taxes;
  • 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;
  • Amend or repeal any ordinance previously adopted;
  • Establish, alter, or amend any zoning ordinance, subdivision procedure, land development and land use regulations;
  • Create a Charter commission or proposals for Charter amendments;
  • 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.

Section 702. Ordinances in General

  • Form. Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain more than one (1) 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.
  • 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 pubic hearing shall follow the publication by at least seven (7) 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 herein before required in the case of a newly introduced ordinance. When an ordinance is passed by Council, it shall be sent within three (3) 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 (7) members of Council.
  • C. Effective Date. Except as otherwise provided in this Charter,
    • 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;
    • Ordinances passed by Council but neither approved nor vetoed by the Mayor shall become effective fifteen (15) days after the last day on which the Mayor can approve or veto such ordinance or at any later date specified therein;
    • Ordinances passed by Council notwithstanding the Mayor's veto shall become effective fifteen (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 (1) 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.

Section 703. Emergency Ordinances.

To meet a public emergency affecting life, health, property, or the public peace, the Council may adopt one (1) 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 least seven (7) 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 sixty-first (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.

Section 704. Codes of Technical Regulations.

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:

  • The requirement of Section 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.
  • A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded.

Section 705. Authentication and Recording; Codification; Printing

  • 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.
  • Codification. Within three (3) years after adoption of this Charter and at least every ten (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.
  • Printing. Council shall make such arrangements as it deems desirable with respect to the printing and distribution of ordinances, resolutions, and Charter amendments.

ARTICLE VIII: Administrative Structure

Section 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.

Section 802. Administrative Code

Council shall within one (1) 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.

Section 803. Personnel

  • 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 (6) 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.
  • 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.
  • 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.
  • Personnel Director. The Chief Administrative Officer may appoint a personnel director to prepare and administer personnel rules and procedures.
  • Personnel Rules. Within one (1) 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:
    • 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;
    • A pay plan for all Township positions;
    • Methods for determining the merit and fitness of candidates for appointment or promotion;
    • The policies and procedures regulating reduction in force and removal of employees;
    • The hours of work, attendance regulations, and provisions for sick and vacation leave;
    • The policies and procedures governing persons holding provisional appointments;
    • The policies and procedures governing relationships with employee organizations;
    • Policies regarding in-service training programs;
    • Grievance procedures, including procedures for the hearing of grievances;
    • 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 (6) 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.

ARTICLE IX: Financial Procedures

Section 901. Fiscal Year

The fiscal year of the Township shall begin on the first (1st) day of January and end on the last day of December or at such other time as Council may ordain.

Section 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 sixty (60) days prior to the start of this fiscal year or at such earlier time as Council shall establish in the Administrative Code.

Section 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.

Section 904. Budget

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:

  • 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;
  • 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
  • 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.

The total of proposed expenditures shall not exceed the total of estimated income.

Section 905. Capital Program

  • Submission to Council. The Mayor shall prepare annually and submit to the Council a five-year (5) 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 thirty (30) days prior to the time the budget is submitted.
  • Contents. The capital program shall include:
    • A clear general summary of its contents;
    • A list of all capital improvements which are proposed to be undertaken during the five (5) fiscal years next ensuing, with appropriate supporting information as to the necessity for such improvements;
    • Cost estimates, method of financing, and recommended time schedules for each such improvement; and
    • The estimated annual cost of operating and maintaining the facilities to be constructed or acquired.

The above information may be revised and extended each year with regard to capital improvements still pending or in process of construction or acquisition.

Section 906. Council Action on Budget

  • 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:
    • The time and places where copies of the message and budget are available for inspection by the public; and
    • The time and place, not less than two (2) weeks after such publication, for a public hearing on the budget.
  • 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.
  • Adoption, Appropriation, Tax Levy. On or before the last day or the fiscal year currently ending, the Council shall:
    • Adopt the budget by resolution;
    • Pass an appropriation ordinance; and
    • Pass an ordinance levying taxes.
    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.
  • Real Property Tax Levy Limitation. Real Property Tax rate increases are limited to a maximum of three (3) mills or five percent (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.

Section 907. Council Action on Capital Program

  • 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:
    • The times and places where copies of the capital program are available for inspection by the public; and
    • The time and place, not less than two (2) weeks after such publication, for a public hearing on the capital program.
  • 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.

Section 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.

Section 909. Amendments after Adoption

  • 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.
  • 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 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.
  • 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.
  • 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.
  • 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.

Section 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 (3) years pass without any disbursement from or encumbrance of the appropriation.

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

ARTICLE X: Recall

Section 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.

Section 1002. Recall Procedures

A recall of an incumbent of an elective office shall be initiated upon petition signed by thirty per cent (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.

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 seperate sheets, but each sheet shall have appended to it the affidavitt 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.

A recall petition shall be tendered for filing to the county Board of Elections. No signature shall be counted as valid which is date more than sixty (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 fifteen (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 validity and number of signature required thereon. The decision of the Board of Elections shall be subject to immediate review on appeal to the Court of Common Pleas.

Section 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.

Section 1004. Recall Elections

If the incumbent against whom a recall petition is directed does not resign from his office within ten (10) days after notice of the filing of such petition shall have been given to him, the County Board of elections shall arrange recall election. If a regular or special election is to be held not less than thirty (30) days nor more than ninety (90) days after the ten (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 thirty (30) days nor later than ninety (90) days after the ten (10) days have expired. the incumbent against whom a recall petition is directed may resign any time prior to the recall election and thereupon the election shall not be held.

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)?"

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.

If a majority of the registered voters whose vote on the recall election shall "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.

Should the result of such election be affirmative, the date of the removal and vacancy in the office shall be seven (7) 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.

District Council members shall be subject to recall only by registered electors of their respective district.

Section 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 (2) years after his removal or resignation.

Section 1006. Limitations

No recall petition shall be filed against any incumbent of an elective office within the first (1st) year or the last nine (9) months of the term of his office or within nine (9) months after an unsuccessful recall election againstthem but no officer who has been re-elected for a successive term shall be subject to reall also during the first (1st) year of such term.

ARTICLE XI: Transition and Schedule

Section 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.

Section 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 (1st) Council meeting held in January, 1976.

Section 1103. Transitition to an Eleven (11) Member Council Election Schedule and Transition Period.

  • Election of November, 1975. In this election the Mayor, four (4) Council-at-large and seven (7) district Council members (one(1) from each of the seven newly established districts) shall be elected. The Mayor shall serve for a four (4) year term as provided in Section 401 of this Charter. Three (3) district Council members (from evennumbered districts: 2, 4, 6) shall also be elected for four (4) year terms. Four (4) district Council members (from odd-numbered districts: 1, 3, 5, 7) shall be elected to two (2) year terms only. Of the four (4) Council members-at-large elected at this election, the two (2) persons receiving the highest number of votes shall serve four year terms; the two (2) persons receiving the next highest number of votes shall serve for two (2) year terms only.
  • Election of November, 1977. In this election, four (4) district Council members (from districts 1, 3, 5, 7) and two (2) Council members-at-large shall be elected. al Council members elected at this election shall serve for four (4) year terms and hereafter all Council members shall be elected for four (4) years as provided in Section 305 of this Charter.
  • Election of November, 1979 and future elections. The Mayor, three (3) 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.
  • Commissioners
    • Continuance and Redesignation. At the time this Charter takes effect, the seven (7) commissioners elected in November, 1973, shall continue to serve out the remaining of the two (2) 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 andresponsibilities of a council member as provided in Article III.
    • Vacancy. If any of the seven (7) commissioners vacates his office after the date on which this charter takes effect, such office shakll remain vacant.
    • Election of November, 1975. Any of the seven (7) 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 this position then he must vacate his office (as Commissioner or under this Charter, Council member-at-large) and this office shall remain vacant.
  • Majority Decisions during the Transition Period. For the first two (2) years this Charter is in effect, Council shall be composed of at least eleven (11) and at the most eighteen (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 (6) 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 (7) 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.

Section 1104. Temporary Ordinances

At its first (1st) meeting or at any meeting held within sixty (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 ordinancemay 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 ninety-first (91st) day following the date of adoption and it shall not be re-adopted, renewed, or otherwise continued except by adoption through the regular procedure established by this Charter.

Section 1105. Continuity

  • All rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue except as modified pusuant to the provisions of this Charter.
  • All Township ordinances, resolutions, rules and regualtions 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.
  • All Township departments, bureaus, administrative units, offices, agencies, authorities, boards and commissions shall continue until modified by the provisions of this Charter.

ARTICLE XII: General Provisions

Section 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.

Section 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.

Section 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.

  • Article IV - Chief Administrative Officer
    • 4.01 - Powers and Duties
  • Article V - Departmental Organization
    • 5.01 - Administrative Organization
    • 5.02 - Department Heads
    • 5.03 - Duties
    • 5.04-5.06 - Administrative Services
    • 5.07-5.09 - Department of Finance
    • 5.10-5.12 - Fire Department
    • 5.13-5.15 - Leisure Services
    • 5.16-5.18 - Licenses and Inspection
    • 5.19-5.22 - Police Department
    • 5.23-5.25 - Public Works
    • 5.26-5.31 - Public Health
    • 5.32-5.34 - Electrical
    • 5.35-5.37 - Parking Enforcement
  • Article VI - Personnel Rules
    • 6.01 - Classification of Township Positions
    • 6.02 - Appointment; Promotion; Performance Review;Residency Requirement
    • 6.03 - Reduction in the Work Force and Removal of Subordinate Township Employees
    • 6.04 - Grievance Procedures
    • 6.05 - Training Programs
    • 6.06 - Provisional Appointments
    • 6.07 - Retirement Age
    • 6.08 - Policy Governing Relationships with Employee Organizations
    • 6.09 - Work Rules
  • Article VII - General Provisions
    • 7.01 - Oath Office
    • 7.02 - code of Ethics
    • 7.03 - Interference with Administration
    • 7.04 - Conviction of a Crime
    • 7.05 - Sundays and Holidays
    • 7.06 - Separability
    • 7.07 - Repealer

ARTICLE I: Short Title and Definitions

Section 1.01 - Short Title

This Ordinance shall be known and may be cited as the "Administrative Code of the Township of Upper Darby of 1976."

Section 1.02 - Definitions:

  • "Administrative Service" shall mean all personnel in those units of Upper Darby Township which are under the authority of the Mayor.
  • "Charter" shall mean the Home Rule Charter of Upper Darby Township.
  • "Mayor" shall mean the Mayor of Upper Darby Township.
  • "Council" shall mean the Township Council of Upper Darby.
  • "Law" shall mean all applicable laws of the United States of America and the Commonwealth of Pennsylvania.
  • "Municipality" shall mean Upper Darby Township, Pennsylvania.
  • "Ordinance" shall mean all Ordinances of Upper Darby Township, including this Administrative Code.
  • "Person" shall mean any individual, partnership, association or corporation.
  • "Publish" shall mean to print in a newspaper of general circulation in Upper Darby Township the entire document or a brief summary thereof with a listing of places where copies have been filed and times when they are available for public inspection.
  • "Residents of Upper Darby Township" shall mean any person whose permanent place of habitation is fixed within the Township, and to which, whenever he or she is absent, he or she has the intention of returning.
  • "Residence" shall mean an abode which a Township officer or employee maintains as a permanent place of habitation.
  • "Township" shall refer to Upper Darby Township, Pennsylvania
  • "Unit" shall mean all government entities of Upper Darby Township.

In this Ordinance the singular shall include the plural and the plural shall include the singular. ( As amended by Ordinance 2815, adopted 8/17/94 )

ARTICLE II: Council Organization and Procedure

Section 2.01 - General

The number of Councilpersons; their terms, elections and qualification and the filling of Council Vacancies shall be as provided in The Home Rule Charter.

Section 2.02 - Organizational Meeting - Presiding Officer of Council:

  • The day, time and place of the Organization Meeting of the Council shall be as provided in the Charter.
  • The first order of business shall be the election of a President and a Vice President of the Council and such other Officers as the Council may deem appropriate. Until such election is accomplished, the Municipal Clerk shall preside.
  • In the absence of the President, the Vice President shall exercise the duties of the President. In the absence of both the President and the Vice President, the Council shall appoint a President pro tem who shall have all the powers of the President.

Section 2.03 - Meetings:

  • Public Notice: Provisions governing public notice of meetings shall be as provided by law.
  • Regular Meetings: Provisions regarding the regular meetings of Council shall be as provided in the Home Rule Charter.
  • Rules of Procedure: All meetings of the Council shall be governed by Roberts Rules of Order and such other rules as Council may, from time to time, establish.

Section 2.04 - Committees of Council

The Council may, at any time, provide for standing and ad hoc committees to assist with the carrying out of its function. The presiding officer shall appoint the chairperson for each such committee. Each committee so designed by the Council shall elect its officers and provide for rules governing its procedure. Any such committee appointed by the councils hall, thereafter, report to the Council at the regular stated meetings of that Body.

Section 2.05 - Municipal Clerk

The Council shall appoint and fix the salary of the Municipal Clerk. The Municipal clerk shall serve as Clerk of Council, keep its minutes and records of its proceedings, maintain and compile it ordinances and resolutions and perform such other functions as may be required by law or by Township Ordinance. The Municipal Clerk shall, prior to appointment, have been qualified by training or experience to perform the duties of the Office. (Subsection 2.05 added by Ordinance 2532, adopted 12/20/77)

ARTICLE III: The Mayor

Section 3.01 - Powers and Duties

The Mayor shall be the Chief Executive Officer of the Township and shall have those powers and duties prescribed by law, ordinance and the Home Rule Charter (Article IV -The Mayor).

Section 3.02 - Budget; Financial Affairs;

Deeds and Contracts:

  • Submission of the Mayor's budget and budget message to Council shall take place at least ninety (90) days prior to the start of the fiscal year. The Council shall hold two (2) public hearings on the contents of the Mayor's budget prior to adoption of the budget. The public hearings on the budget shall be held separately and apart from the regularly scheduled meetings of the Township Council.
  • The Mayor's budget shall be organized by line items and shall include detailed personnel requirements and the proposed expenditures for these requirements.
  • 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 in accordance with the provisions of the Home Rule Charter; however, said transfer shall be reported to the Township Council within ten (10) days of the date said transfer became effective.
  • All deeds, contracts and other agreements to which the Township is a party shall be executed by the Mayor in accordance with the provisions of the Home Rule Charter; however, any labor agreement with a collective bargaining unit shall become effective only upon approval of Council.
  • The Mayor shall submit to Council, on a monthly basis, a list of all bills and invoices paid by the Township during the preceding monthly period.
  • The Mayor shall expend funds for capital improvements in accordance with the requirements of the Capital Budget. Any changes or amendments to said budget shall become effective only upon approval of a majority of the members of the Township Council.
  • The Mayor shall present or cause to be presented to The Township Council a quarterly summary of the Township's financial affairs. Said summary shall include a statement of both income and expenditures for the year to date and shall be presented at public meetings of the Township Council.
[Section 3.02 added as 3.01 by Ordinance 2561, adopted 7/5/79.]

ARTICLE IV: Chief Administrative Officer

Section 3.01 - Powers and Duties

The powers and duties of the Chief Administrative Officer (CAO) shall be those as prescribed by law, ordinance, and the Home Rule Charter (Article V - CAO).

ARTICLE V: Departmental Organization

Section 5.01 - Administrative Organization

The Administrative service of the Township shall be under the Mayor and Chief Administrative Officer and comprised of the following departments and heads thereof:

  • Department of Administrative Services - Director
  • Department of Finance - Director
  • Fire Department - Chief
  • Department of Leisure Services - Director
  • Department of Licenses and Inspection - Director
  • Police Department - Superintendent
  • Department of Public Health - Director
  • Department of Public Works - Director
  • Electrical Department - Director
  • Parking Enforcement - Director
and such other departments and heads as may be created by amendments to this Code. The Chief Administrative Officer shall Promulgate regulations dealing with the internal organization of departments.
(As amended by Ordinance 2531, adopted 12/20/77; Ordinance 2814, adopted 7/20/94; Ordinance 2815, adopted 8/17/94.)

Section 5.02 - Departmental Heads

All department heads shall be appointed by the mayor with approval of the Council. Department heads shall be discharged by the Mayor with approval of Council. Department heads shall be chosen solely on the basis of executive, administrative, and technical qualification as are prescribed by law.

Section 5.03 - Duties

Department heads, under the direction of the Mayor and the Chief Administrative Officer, shall:

  • Direct personally and through subordinates the performance of all functions, duties and operations assigned to and required of the department and its subordinate units by law, the Charter, or Ordinance and such other activities as may be required by the Mayor and chief Administrative Officer which are not in conflict with law, the Charter, or Ordinance;
  • Assist the chief Administrative Officer in developing and prescribing the internal organization of departments and their subordinate units, in accordance with provisions of law, the Charter, or Ordinance;
  • Assign duties and responsibilities, to subordinate officers and employees within the department and modify those assignments consistent with and in response to the changing exigencies of service, subject to the approval of the Mayor and Chief Administrative Officer;
  • Develop and prescribe, in written form, an administrative manual for the department, subject to the approval of the Mayor and Chief Administrative Officer;
  • Prepare and submit departmental budget requests in accordance with schedules, forms and policies as prescribed by the Mayor;
  • Prepare and submit reports prescribed by the Mayor and/or the Chief Administrative Officer;
  • Cooperate with and furnish to any department or unit of the Municipality any information, service, labor, material and equipment that may be necessary to perform a municipal function;
  • Be aware of and coordinate the activities of the department with appropriate area wide, regional and intergovernmental programs; keep the Mayor and Chief Administrative Officer informed of the activities and policies of such programs as they affect the department or the Municipality; and make analyses and recommendations regarding such activities and policies when appropriate;
  • Administer and evaluate intergovernmental contracts and agreements as these relate to departmental functions;
  • Develop and maintain internal administrative and budgetary controls and productivity and performance standards to assure maximum levels of quality and quantity of service within budgetary limitations;
  • Keep abreast of developments in administrative policies, management techniques, technological advances and make recommendations to the Mayor and Chief Administrative Officer concerning councilmanic action or administrative regulations for the utilization of those policies, techniques, and technologies deemed to be in the best interest of the department and Township;
  • Keep abreast of all laws and municipal ordinances and administrative regulations relating to the functions of: the department;
  • Serve as a member of any committee or as a staff officer or provide staff services to any authority, board or commission to which the department head may be assigned by the Mayor or Chief administrative Officer;
  • Develop personnel planning and employee development policies for the department, including the planning and execution of appropriate training and education programs;
  • Establish and enforce rules and regulations for the use of municipal facilities and services and issue such licenses and permits as may be required by Ordinance; and
  • Develop and recommend to the Mayor and Chief Administrative Officer rate structures for those services for which user fees are charged.

(Sections 5.04-5.06) Administrative Services

Section 5.04 - Function

The Department of Administrative Services shall be responsible for performing staff functions for the Mayor and Chief Administrative Officer and assisting departments and other units of the Township in carrying out their duties.

Section 5.05 - Department Head

The Department of Administrative Services shall be headed by a Director who shall be responsible to the Mayor and Chief Administrative Officer for the performance of the function of the department.

Section 5.06 - Duties

The duties of the Administrative Director shall be to:

  • Administer the personnel system of the Municipality under the direction of the Chief Administrative Officer and subject to the provisions of law, the Charter, or Ordinance, including such matters as:
    • Recruiting and selecting persons for municipal employment;
    • Developing and maintaining the position classification and pay plans;
    • Participating in labor relations programs;
    • Developing and maintaining personnel rules and regulations;
    • Assisting departments in developing and conducting employee training and development programs;
    • Assisting departments in preparing personnel planning programs;
    • Developing and maintaining records reflecting all aspects of the service of municipal employees.
  • Provide assistance to the Mayor and Chief Administrative Officers in the development of administrative analyses:
    • Assisting departments and other units of the municipality in the development of administrative manuals and in the solution of administrative and organizational problems; and
    • Performing such research and studies as the Mayor and/or the Chief Administrative Officer shall direct.
    • Provide for custodial Services for municipal buildings.

(Sections 5.07-5.09) Department of Finance

Section 5.07 - Function

The Department of Finance shall be responsible for the administration of activities pertaining to the expenditure, accounting, investment, custody and control of municipal funds and assets under the direction of the Chief Administrative Officer.

Section 5.08 - Department Head

The Department of Finance shall be headed by a Director who shall be responsible to the Mayor and Chief Administrative Officer for the performance of the function of the department.

Section 5.09 - Duties

The duties of the Director shall be to:

  • Maintain a uniform accounting system in accordance with generally accepted principles of governmental accounting;
  • Preaudit, in accordance with generally accepted principles of governmental auditing, fiscal transactions of all municipal units;
  • Disburse all payments for authorized expenditures;
  • Deposit monies in depositories authorized by Ordinance;
  • Provide for the prudent investment of monies;
  • Provide custody of fidelity bonds of officers and employees, except his or her own, which shall be in the custody of the Mayor, and provide custody of all deeds, mortgages, contracts, judgments, notes, debts, securities, bonds, insurance policies and other forms of negotiable instruments owned by the Township;
  • Supervise the lease, rental , sale or other use of property not used by other Township units;
  • Aid the Chief Administrative Officer in administering the purchase system subject to the provisions of law, the Charter, or Ordinance, including such matters as:
    • Purchasing materials, services and equipment for the Township;
    • Storing materials and equipment not delivered directly to the departments and other units of the Township;
    • Maintaining an inventory control system for all real and personal property;
    • Determining whether materials, services and equipment purchased meet specifications;
    • Evaluating and managing all insurance contracts including fidelity bonds to insure the lowest possible cost to the Township.
    • Negotiating total cost purchasing contracts covering initial purchase, maintenance and repurchase whenever possible to insure the lowest possible cost to the Township; andI.Administer Mercantile tax and Occupation Privilege Tax Audit procedures.
  • Pursuant to Section 504C of the Home Rule Charter, the Finance Director is designated to take charge of all Township monies from all sources and promptly deposit them 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 and insure that these accounts shall at all times be open to the inspection of the Mayor, members of Council, and auditors appointed by Council.
  • Pursuant to Section 504D of the Home Rule Charter, the Finance Director is designated to be tax collector and collect taxes levied by the Township.

[Subsections J. and K. Added by Ordinance 2754, adopted 12/20/89.]

(Sections 5.10-5.12) Fire Department

Section 5.10 - Function

The Fire Department shall be responsible for fire prevention and fire code enforcement activities in the Township and in enforcing the laws and ordinances pertaining to such activities.

(As amended by Ordinance 2814, adopted 7/20/94.)

Section 5.11 - Appointment

The Fire Chief shall be appointed by the Mayor with the approval of the Council.

(As amended by Ordinance 2814, adopted 7/20/94.)

Section 5.12 - Duties

The duties of the Fire Chief shall be to:

  • Plan, organize and administer a program of fire prevention and public safety in accordance with approved policies and directives;
  • Review the work performed by firefighting forces in suppression of fires;
  • Prepare, in conjunction with the Board of District Chiefs, an annual budget and capital budget for the Department;
  • Develop, in conjunction with the Board of District Chiefs, departmental plans and programs and coordinate implementation thereof with the departmental staff;
  • Supervise Township Fire Department personnel;
  • Meet with community agencies to explain the department's programs and to obtain cooperation for fire prevention programs;
  • Act as a liaison between the fire department and other township departments in order to achieve interdepartmental cooperation;
  • Oversee and coordinate training programs for all fire fighting personnel;
  • Coordinate collection and dissemination of information concerning emergency training;
  • Have the authority to be the incident manager of fire/rescue operations when he is at the scene of any incident occurring in Upper Darby Township and to work with the established command of the District Chiefs at the scene of any incident. As used in this subsection an incident shall mean any situation that requires a response by the fire department;
  • Prepare and submit annually a status report of the operations and activities of the fire department to the Mayor, Council, and the Board of District Chiefs;L.Review building permit application drawings and provide advice to the Director of Licenses and Inspection regarding:
    • Compliance with the Township Fire Code
    • Compliance with the Township Building Code
    • Requirements for the handling and storage of flammable materials.M.Serve as the Fire and Rescue Services and Hazardous Materials Officer as outlined in the upper Darby Township emergency Operations Plan.

(Original Section 5.12 repealed and replaced by current Section 5.12 by Ordinance 2814, adopted 7/20/94.)

(Sections 5.13-5.15) Department of Leisure Services

Section 5.13 - Function

The Department of Leisure Services shall be responsible for operating the parks and playgrounds of the Township and developing, conducting, and supervising recreation programs and Township library services.

Section 5.14 - Department Head

The Department of Leisure Services shall be headed by a Director who shall be responsible to the Mayor and Chief Administrative Officer for the performance of the function of the department.

Section 5.15 - Duties

The duties of the Director shall be to:

  • Plan, develop, design, and administer, in cooperation with other appropriate municipal departments, municipal park and recreation facilities owned,acquired or designated by the Township;
  • Organize, equip, and conduct recreation programs for all citizens of the Township;
  • Control the planning and maintenance of trees and other vegetation along municipal rights-of-way and other property of the Township; and
  • Plan, develop, and administer in consonance with agreements of the Library Board in providing Township Library Services.

(Sections 5.16-5.18) Department of Licenses and Inspection

Section 5.16 - Function

The Department of Licenses and Inspection shall be responsible for the protection of persons and property within the Township through the general administration and enforcement of zoning, subdivision, building and related structural and land use codes.

(As amended by Ordinance 2532, adopted 12/20/77)

Section 5.17 - Department Head

  • The Department of Licenses and Inspection shall be headed by a Director who shall also act as the zoning officer of the Township and shall be responsible to the Mayor and Chief Administrative Officer for the performance of the function of the said department.
  • The Director and those acting as his agents shall have and exercise police power in the exercise of their authority and shall have the power to issue citations for the violation of those laws and ordinances which are administered and enforced by the Department of Licenses and Inspection.

(As amended by Ordinance 2532, adopted 12/20/77.)

Section 5.18 - Duties

The duties of the Director shall be to:

  • Enforce and administer zoning, subdivision building, electrical, demolition and such other related structural and land use codes as may be enacted by law or ordinance.
  • Issue such licenses and permits as may be required by law or ordinance.
  • Provide for inspection and related procedures to assure proper maintenance and repair of sidewalks in accordance with Township Ordinances; and
  • Enforce the Orders of the Zoning Hearing Board.

(As amended by Ordinance 2532, adopted 12/20/77.)

(Sections 5.19-5.22) Department of Police

Section 5.19 - Function

The Department of Police shall be responsible for the protection of persons and property within the Township against crime.

Section 5.20 - Department Head

The Department of Police shall be headed by a Director who shall be responsible to the Mayor and Chief Administrative Officer for the performance of the function of the department.

Section 5.21 - Duties

The duties of the Superintendent shall be to:

  • Prevent crimes against persons and property;
  • Enforce all criminal laws and ordinances;C.Detect and apprehend offenders and suspected persons;
  • Maintain records and files of crimes and criminals;
  • Operate facilities for the temporary safekeeping of prisoners;
  • Develop and conduct community relations and educational programs;
  • Operate and maintain the police radio; and
  • Maintain records and logs relating to the radio and emergency communications system as are required by law.

Section 5.22 - Police Powers

Police employed by the Township shall be ex-officio constables of the Commonwealth and shall have the powers and prerogatives conferred on police officers by law. Police, when acting as constables, shall have the authority to serve and execute criminal processes for the violation of Municipal Ordinances which may be issued, and the fees and costs collected in such capacity shall be paid into the Township Treasury.

(Sections 5.23-5.25) Department of Public Works

Section 5.23 - Function

The Department of Public Works shall be responsible for the design, construction, operation, and maintenance of those physical structures and facilities that are owned and maintained by the Municipality to house governmental functions and to provide waste disposal, transportation and similar operations and services; and shall include a sanitation division which shall be responsible for the collection and disposal of solid waste within the Township and for the coordination of activities related to disposal between the Township and the County.

(As amended by Ordinance 2815, adopted 8/17/94.)

Section 5.24 - Department Head

The Department of Public Works shall be headed by a Director who shall be a Registered Civil Engineer and who shall be responsible to the Mayor and Chief Administrative Officer for the performance of the function of the department.

Section 5.25 - Duties

The duties of the Director shall be to:

  • Provide engineering services for the Township as the Township Engineer;
  • Construct and maintain streets, bridges, and curbs and gutters of the Township, including the provision of street cleaning, snow and ice control services;
  • Construct and maintain storm and sanitary sewer structures, facilities, and appurtenances;
  • Install and maintain directional signs and street name signs;(As amended by Ordinance 2532, adopted 12/20/77)
  • Construct, renovate and maintain Township structures;
  • Repair and maintain all municipal vehicles;
  • Plan develop, design and administer, in cooperation with other appropriate departments and agencies of other governments, expansion and modification of facilities for which the department is responsible;
  • Maintain registration of real estate within the Township; and
  • Direct and administer a sanitation division which shall:
    • Collect the solid waste within the boundaries of the Township;
    • Dispose of the solid waste collected; and
    • Coordinate the disposal of solid waste with the County.

(Subsection I. added by Ordinance 2815, adopted 8/17/94.)

(Sections 5.26 - 5.28) Department of Public Health

Section 5.26 - Function

The Department of Public Health shall be responsible for protecting and preserving the public health of the Township.

Section 5.27 - Department Head

The Department of Public Health shall be headed by a Director who shall be Health Officer and who shall responsible to the Mayor and Chief Administrative Officer for the performance of the function of the department.

Section 5.28 - Duties

The duties of the Administrative Director shall be to:

  • Conduct disease control and immunization programs;
  • Provide environmental health programs including food, housing, plumbing, and water control;
  • Provide health education programs;
  • Provide health care planning, evaluation, and research programs;
  • Provide laboratory services necessary to the work of the department;
  • Enforce all laws, ordinances, and resolutions pertaining to the public health;
  • Ensure the abatement of all nuisances detrimental to the public health;
  • Enforce the rules and regulations relating to the reporting and examination of cases in which a dog or other animal bites a human;
  • Seize and arrange for the detention of dogs running at large upon public property within the Township;
  • Cooperate with other public or private agencies working in the field of public health to assure that all necessary measures, utilizing all available resources, are being taken to safeguard the public health; and
  • Maintain records pertaining to births, deaths, disease and related matters as may be required by law or ordinance or that may be deemed necessary for the effective operation of the department.

(Sections 5.32-5.34) Electrical Department

Section 5.32 - Function

The Electrical Department shall be responsible for installing and maintaining electrical and traffic signification equipment in or on Township owned property or property for which the Township is responsible.

(Section 5.32 added by Ordinance 2532, adopted 12/20/77)

Section 5.33 - Department Head

The Electrical Department shall be headed by a Director who shall be responsible to the Mayor and Chief Administrative Officer for the performance of the function of the department.

(Section 5.33 added by Ordinance 2532, adopted 12/20/77)

Section 5.34 - Duties

The duties of the Administrative Director shall be to:

  • Install and maintain traffic control signals and flashing warning devices;
  • Install and maintain the electrical lighting, appliances and equipment in all Township facilities; and
  • Cooperate with other department heads and governmental agencies to accomplish A. and B. above.

(Section 5.34 added by Ordinance 2532, adopted 12/20/77)

(Sections 5.35-5.37) Parking Enforcement Department

Section 5.35 - Function

The Parking Meter Department shall be responsible for the installation, maintenance, and repairs of all parking meters throughout the Township and for the collection of parking fees and enforcement of all laws and ordinances pertaining to illegally parked vehicles.

(Section 5.35 added by Ordinance 2814, adopted 7/20/94.)

Section 5.36 - Department Head

The Parking Meter Department shall be headed by a Director who shall be responsible to the Mayor and Chief Administrative Officer for the performance of the function of the department.

(Section 5.36 added by Ordinance 2814, adopted 7/20/94.)

Section 5.37 - Duties

The duties of the Administrative Director shall be to:

  • Provide for the installation, maintenance, and repair of all parking meters;
  • Provide for the collection of all fees which are deposited in parking meters and of all fines paid for violation of parking ordinances;
  • Enforce all ordinances and laws pertaining to illegally parked vehicles;
  • Keep and maintain all records of parking tickets;
  • Issue citations for all unpaid parking tickets;
  • File and prosecute all citations for unpaid parking tickets with the District Court;
  • Keep and maintain records of all money collected from parking tickets, meter rentals, and parking lot rental spaces; and
  • Deposit with the Finance Department all money collected from parking rentals and fines paid for violation of parking ordinances.

(Section 5.37 added by Ordinance 2814, adopted 7/20/94)

ARTICLE VI: Personnel Rules

Section 6.01 - Classification of Township Positions

Each department head shall prepare a position classification, job description and current pay plan for each position in his department. This information shall be kept on file in the Office of the Chief Administrative Officer. Should technological advances and/or administrative concerns warrant reclassification of a position, it shall be the prerogative of the Department Head, in consultation with the Mayor and Chief Administrative Officer, to modify or reclassify any position.

Section 6.02 - Appointment; Promotion; Performance Review; Residency Requirement

  • In order to insure that the most qualified persons are employed by the Township, appointment, promotion or demotion shall be base on merit considerations and personal fitness for a job and shall be free of personal, religious, racial, and political bias. all new employees shall be regarded as probational employees for a period of six (6) months following the date their employment began, Such employee may be discharged during his probationary period by the Township in its absolute discretion.
  • Determination of merit and fitness for appointment, promotion or demotion shall be based on systematic evaluation by the Department Head, in consultation with the Mayor and Chief Administrative Officer. The determination shall consider experience and eduction levels wherever and whenever each is judged to be in the best interest of the Township.
  • The Chief Administrative Officer shall assure that each employee's performance is reviewed annually by their respective Department Heads. This review shall, at a minimum, include determinations of dependability and quality and quantity of work. This review shall be made part of the employee's personnel file and shall be considered confidential information.
  • All police officers and paid firefighters hired as full time employees of upper Darby Township must either be or become within six (6) months after completion of their probationary period, and continue to remain during the term of their employment, a resident of Upper Darby Township
  • All persons, other than police officers and paid firefighters, hired as full time employees of Upper Darby Township must either be or become, within six (6) months after their date of hiring, and continue to remain during their employment, a resident of Upper Darby Township.
    (Subsections D. and E., added by Ordinance 2815, adopted 8/17/94, were originally designated as Subsections 6.01 A. an B.)
  • If at any time a position should become vacant or the need arises for the addition of a new position or for the reclassification of an existing position, the Mayor shall notify Council at the earliest opportunity.
    (Subsection F., added by Ordinance 2561, adopted 7/5/79, was originally designated as Subsection 6.02 E.)

Section 6.03 - Reduction in the Work Force and Removal of Subordinate Township Employees

Layoff of Township employees who are members of an employee organization or are Civil Service appointees shall be governed by the provisions contained in the contract between the Township and the respective organizations. Notwithstanding contract provisions, the Township, if necessitated by fiscal restraints or in the interest of increased efficiency, may abolish a job classification or position or may redefine the duties of a position or demote an employee. The procedures for appointment, suspension, demotion or removal of subordinate Township employees shall be governed by the terms of Section 803B of the "Home Rule Charter" of the Township of Upper Darby. Continued employment by the Township shall be subject to satisfactory performance of work, necessity for the performance of the particular job and the availability of funds.

Section 6.04 - Grievance Procedures

The grievance procedures for employees who are members of an employee organization or are Civil service appointees shall be in accordance with those contained in respective agreements between the Township and the employee organization or the Civil Service Code. If a difference should arise between an employee and the Township, the employee should consult his immediate supervisor in an earnest effort to settle the difference. Should the bove not prove satisfactory, the grievance shall be brought to the Department Head for settlement. Should this procedure not accomplish a settlement, the grievance shall be brought to the attention of the Chief Administrative Officer, by the Department Head, who shall consult the Mayor for final disposition of the grievance.

Section 6.05 - Training Programs

Department heads shall develop, execute, and provide training and education programs for the personnel in their departments based upon accepted administrative policies and management techniques and the most recent technical information available to them .

Section 6.06 - Provisional Appointments

Department heads may periodically hire temporary employees provided they have received approval or the Mayor and the Mayor has received a written recommendation from the Chief Administrative Officer. Temporary appointments will be approved only if a specific Township requirement and/or need can be demonstrated and then only if funds are available. Temporary employees will not be entitled to the benefits received by regular Township employees.

Section 6.07 - Retirement Age

There shall be a maximum retirement age for non-uniformed Township employees of seventy (70) years of age. however, upon recommendation of the Department Head, an individual employee's performance may be reviewed and employment of the individual continued. The individual's contract shall be reviewed and renewed at least on an annual bases.
(As amended by Ordinance 2551, adopted 2/6/97)

Section 6.08 - Policy Governing Relationships with Employee Organizations

The policies and procedures governing the relationships between the Township and employee organizations shall those defined in the Home Rule Charter, Ordinance, or Law.

Section 6.09 - Work Rules

  • The provisions of this Article are hereby repealed insomuch as they apply to the setting of the terms and conditions of the employment of any Township employee, or the setting of rules and regulations by the Township concerning areas of discretion or policy deemed to be matters of inherent managerial policy by the provisions of Act 111, June 24, 1968, P.L. 237. 43 P.S. Subsection 217.1-217.10, as amended, and known as "Collective Bargaining by Policemen or Firemen" or Act 195, July 23, 1970 P.L. 563, 43 P.S. subsection 1101.101-1101-2301, as amended, and known as the "Public Employee Relations Act."
  • The Work Rules as promulgated in Ordinance 2497 and which were included by reference in this section, are hereby repealed insofar as they apply to the setting of the terms and conditions of the employment of any Township employee or the setting of rules and regulations by the Township concerning areas of discretion or policy deemed to be matters of inherent managerial policy, by the provisions of Act 111, June 24, 1968. P.L. 237, 43 P.S. Subsection 217.1-217.10, as amended, and known as "Collective Bargaining by Policemen or Firemen" or Act 195, July 23, 1970 P.L. 563, 43 P.S. subsection 1101.101-1101-2301, as amended, and known as the "Public Employee Relations Act."
  • The Mayor shall, as necessary. promulgate and cause to be published, all rules and regulations concerning areas of discretion or policy deemed to be matters of inherent managerial policy by the provisions of Act 111 or Act 195 as applied to any Township employee subject to the provisions of Act 111 or Act 195.
  • As used in this Article, the following terms shall have the meaning given as follows:
    • "Act 111" - Act 111 June 24, 1968, P.L. 237, 43 P.S. Subsection 217.01-217.10, Collective Bargaining for Policemen or Firemen.
    • "Act 195" - Act 195, July 23, 1970. P.L. 563, 43 P.S. Subsection 1101.101-1101.2301, the Public Employee Relations Act
    • "Terms and Conditions of Employment" shall include compensation, hours, working conditions, retirement, pensions and other benefits and the settlement of grievances or disputes.
    • "Matters of Inherent Managerial Policy" shall include but not be limited to such areas of discretion or policy as the functions and programs of the Township, standards of services, the overall Township budget, utilization of technology, the Township's organizational structure and selection and direction of Township personnel.
(Original Section 6.09 repealed and replaced by current Section 6.09 by Ordinance 2811, adopted 3/16/94.)

ARTICLE VII: General Provisions

Section 7.01 - Oath of Office

All Councilpersons, the Mayor, the Chief Administrative Officer, all department heads and the Township Treasurer, before commencing their official duties, shall take and sign an Oath of Office as shall, from time to time, be prescribed by law. such oath shall be taken and signed before a Judge, District Justice, Magistrate or Notary Public of the Commonwealth of Pennsylvania. this oath shall be filed, in written form, with the Municipal Clerk prior to assuming office.

Section 7.02 - Code of Ethics

All Councilpersons, the Mayor, the Chief Administrative Officer, all department heads and the Township Treasurer, before commencing their official duties, shall affirm to a Code of Ethics. The signed affirmation of such Code of Ethics by all Councilpersons, the Mayor, the Chief Administrative Officer, all department heads and the Township Treasurer shall be filed with the Municipal Clerk.

  • Personal Financial Interest Any Township Officer or employee having a financial interest in any contract, project or program, executed or undertaken by the Township, shall disclose the nature of such interest and refrain from taking any active part in the promulgation or implementation of such contract, project or program. Any violation of the requirements of this section shall constitute malfeasance of office or position and shall render the contract, project or program voidable at the option of the Mayor and/or Township Council.
  • Prohibitions
    • No person shall be appointed to or removed from or in any way favor or discriminate against with respect to any Township position or appointive office because of race, sex, political or religious opinions or affiliation.
    • No Township Officer or employee shall use or otherwise avail himself or herself to the use of Township personnel, equipment, or supplies except in connection with official Township business.
    • No person shall willfully make any false statement, certificate, mark, rating, or any report in regard to any test, certification, or appointment to any Township position or appointive office.

Section 7.03 - Interference with Administration

Except as otherwise provided in this Administrative Code, and for the purposes of inquiries and investigations, the Township Council or its Members shall deal with employees in the Administrative Service solely through the Mayor and/or Chief Administrative Officer and neither the Council nor its Members shall give orders to such employees either publicly or privately

Section 7.04 - Conviction of a Crime

Any person convicted of a felony, or a crime, or offense involving moral turpitude shall for a period of ten (10) years be ineligible to assume any municipal elective or appointive office and, upon conviction thereof while in office, shall forfeit such office.

Section 7.05 - Sundays and Holidays

Whenever any time established by this Ordinance for the taking of any action expires on a Sunday or on a legal holiday such time shall not expire on said day but shall expire on the next weekday.

Section 7.06 - Separability

If any Section, subsection, sentence, clause or phrase of this Ordinance is for any reason held invalid or unconstitutional by decision of any Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have passed this Ordinance and each portion thereof respective of the fact that any portion thereof be declared illegal.

Section 7.07 - Repealer

All Ordinances or parts of Ordinances which are in force when this Administrative Code is adopted are repealed to the extent that they are inconsistent or interfere with the effective operation of this Administrative Code.

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