Upper Darby Township hearing in administrative officer’s dismissal continued
A recusal necessitated the continuance of the hearing in the suit against Vincent Rongione
The Upper Darby Township Council civil suit against Vincent Rongione, the township’s chief administrative officer, which was scheduled for Wednesday, has been postponed to a date yet to be determined.
A change of judge due to a recusal was reported to have necessitated the continuance.
Six members of council submitted a petition to the Delaware County Court of Common Pleas that stated, in their view, council acted lawfully when it voted at a June 1 meeting that Rongione had forfeited the office of chief administrative officer, or CAO, in compliance with its home rule charter.
Rongione and Mayor Barbara Keffer dispute that, saying the council does not have the authority without the mayor’s agreement.
The vote to remove Rongione came at the end of a four-hour council meeting in which Council Member Meaghan Wagner (R1st District) made the motion after a dispute over the use of American Rescue Plan funds and the 2021 budget.
“It’s not just my opinion of how the ARPA have been handled, but the way the township has been handled, the fact that I do believe that Mr. Rongione has shown time and time again that he lacks the qualifications for this office as prescribed by the charter,” Wagner said during the meeting, citing section C 501 C of the home rule charter.
Contrasting that is Keffer, who said the removal of a department head requires both the mayor and six council members.
“My impression and reading of the home rule charter is that the Mayor along with the six council members are needed to fire the CAO or any of the department heads,” said Keffer. “There is a process; it’s a reflection of how people get appointed to department heads. The mayor nominates them and the council votes on them.”
Keffer enlisted the Law Officer of Robert W. Scott, a public corporation for the interpretation of the Charter.
Keffer said that Township Solicitor Sean Kilkenny, though having requested himself on the matter, advised Council the vote may be in violation of the sunshine act because it wasn’t on the agenda.
Wagner said she had previously consulted with council Solicitor Christopher Boggs about the action and was comfortable with the action.
Boggs is representing the Council for the petition. In addition to the $296.75 filing fee, Boggs also included supporting documents including sections of the Home Rule Charter, the SunShine Act and the Agenda for the June 1st Council meeting.
Rongione is still functioning as CAO until the Court rules though Council adjourned their last meeting early as they wrangled over having Rongione present at the meeting on a Zoom link.