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.
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.
Except as provided in Article XI, Council shall be composed of 11 members. Seven members shall be elected from districts. Four 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.
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 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 year preceding the date on which they shall assume office and shall remain residents of the Township throughout their term of office.
A. 
Except as provided in Article XI, Council members shall be elected to serve staggered four-year terms. Three District Council members and two Council members-at-large shall be elected at the same municipal election at which the Mayor is elected. The remaining Council members (including four from districts and two at-large) shall be elected at the next municipal election. Election of Council members shall continue to alternate in this manner.
B. 
Members appointed to fill a vacancy shall serve until the expiration of the original Council member's term.
A. 
No Council member, during his term, shall hold any other compensated position in the government of Upper Darby Township.
B. 
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.
A. 
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 § C-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 § C-405D (relating to notification if the President of Council decides not to serve).
[Amended 1-20-1988 by Ord. No. 2714[1]]
[1]
Editor's Note: Approved at election held 4-26-1988.
B. 
Forfeiture of Office. A Council member shall forfeit his office if he:
(1) 
Lacks at any time during his term of office any qualifications for the office prescribed by this Charter or by law;
(2) 
Willfully violates any express, substantive prohibition of this Charter;
[Amended 1-20-1988 by Ord. No. 2714]
(3) 
Is convicted of a crime involving moral turpitude; or
(4) 
Fails to attend more than four consecutive Council meetings without being excused by the President of Council.
C. 
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 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 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.
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.
A. 
Each Council member shall receive an annual salary of $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 months and that said salary increase shall not exceed a rate of 5% compounded per annum for each year since the last salary was adopted.
B. 
In addition to the compensation provided to Council members pursuant to § C-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 § C-503.
[Added 1-20-1988 by Ord. No. 2714[1]]
[1]
Editor's Note: Approved at election held 4-26-1988.
C. 
Except as provided in § C-309A and B, 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 (as authorized by resolution). Such reimbursement shall be pursuant to procedures established by resolution of Council.
[Amended 1-20-1988 by Ord. No. 2714]
A. 
The Township Council shall organize at 7:30 p.m. on the first 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.
B. 
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.
[Amended 1-20-1988 by Ord. No. 2714]
C. 
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.
A. 
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.
[Amended 1-20-1988 by Ord. No. 2714]
B. 
Public Meetings.
(1) 
Public meetings shall be held regularly at least once in each month at such times and places as Council may prescribe by rule.
(2) 
Up to the first 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.
[Amended 1-20-1988 by Ord. No. 2714]
(3) 
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.
[Amended 1-20-1988 by Ord. No. 2714]
C. 
Special and Emergency Meetings.
[Amended 1-20-1988 by Ord. No. 2714]
(1) 
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 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.
(2) 
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.
D. 
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.
[Amended 1-20-1988 by Ord. No. 2714]
E. 
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.
[Amended 1-20-1988 by Ord. No. 2714]
F. 
Official Actions. Official actions by Council shall be taken only at a public meeting by the adoption of an ordinance, a resolution, or a motion.
[Amended 1-20-1988 by Ord. No. 2714]
(1) 
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.
(2) 
Except as provided in Subsection F(1), 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.
(3) 
The affirmative vote of six 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.
G. 
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.
H. 
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.
[Amended 1-20-1988 by Ord. No. 2714]
I. 
Electronic Recordings. Council shall provide for electronic recordings of all public meetings. These recordings shall be preserved for a period of at least two years, open to the public for inspection during reasonable hours, and kept at the office of the Township.
J. 
Agendas. The agendas of public meetings shall be made available to the public by noon of the day preceding the public meeting.
[Amended 1-20-1988 by Ord. No. 2714[1]]
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.
[1]
Editor's Note: Approved at election held 4-26-1988.
A. 
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 10% variance from the mean in any such district.
B. 
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.[1]
[1]
Editor's Note: The Township Council, on November 19, 2014, by adoption of Ord. No. 3017, adopted the redistricting plan presented by the Upper Darby Township Redistricting Committee on October 8, 2014.
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.
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 years, provided that the designation for any particular fiscal year shall be made no later than 30 days after the beginning of such fiscal year.