Upper Darby’ solicitor, Sean Kilkenny has announced his law firm, Kilkenny Law will step down as the legal representative for the Township.
In a press release, Mayor Ed Brown said the township received Kilkenny’s resignation letter last week.
The firm will remain as solicitor until a new firm has been appointed.
A formal search process is underway, the township said on Tuesday. There will be no candidate presented at Wednesday’s Council meeting.
Kilkenny Law presently represents more than eight other municipalities in Delaware County, including Haverford Township, Sharon Hill and Folcroft as well as numerous municipalities in Montgomery County, where Kilkenny is the sheriff.
Upper Darby Township solicitor Sean Kilkenny at his day job, sheriff of Montgomery County. (MEDIANEWS GROUP)
Rough patch
Kilkenny has faced criticism in recent months after decisions led to lawsuits, a couple which have notably gone against the township. He denied that the criticism was a factor in his stepping aside in the township.
Late in 2024, Common Pleas Judge Spiros E. Angelos invalidated the township’s effort to enact an earned income tax because it violated the township’s home rule charter during the ordinance process.
The judge ruled that the vote on the tax was made at the first of two September meetings, which the court said is intended to be a workshop format meeting where final action is discouraged and reserved for emergency circumstances only. Angelos did not see it as an emergency.
Another issue was the withholding of $800,000 in federal American Rescue Plan Act funds for the Upper Darby Arts and Education Foundation. After voting to award the money, the administration never acted on it and then decided to pull that money back for other priorities.
Now retired-Common Pleas Judge Barry Dozer found that the township must give the foundation that money as it had committed to do.
Kilkenny oversaw the legality of those decisions.
At the Dec 18 public meeting, as council scrambled to approve a budget which was complicated by the EIT ruling, one resident complained Kilkenny has given bad advice and she urged council members not to approve additional money for legal services.
Council members Laura Wentz agreed and saying that the “bad advice, keeps adding up.”
Council member Meaghan Wagner agreed.
Meaghan Wagner (COURTESY PHOTO)
“During Sean Kilkenny’s tenure as solicitor, we have seen Upper Darby Township legal fees skyrocket, a significant portion of which stemmed from litigation following the solicitor’s poor legal advice related to ARPA funding and council’s action on an EIT. At a time when Upper Darby is struggling to fund core municipal services while raising taxes, the excessive legal billing was alarming,” Wagner said in an email Tuesday. “I am pleased that Kilkenny resigned and look forward to working with my colleagues on township council to select a new solicitor that will be more budget conscious while providing fair and accurate legal counsel. Kilkenny’s resignation brings forth a new day for Upper Darby Township and I am happy to move forward.”
Kilkenny responds
In an interview on Tuesday, Kilkenny disputed those claims and said those recent decisions had not played any impact in his decision to withdraw as solicitor.
He noted that in a large municipality like Upper Darby, there is often some level legal action occurring and while he didn’t agree with the outcomes, he respects the judges’ decisions.
He said he the decision to step aside was so that both his firm and Upper Darby can continue to prosper.
“It has been a privilege to serve the entire Upper Darby Community and its elected leaders as township solicitor for the past five years,” Kilkenny said. “I am grateful for the opportunity and proud of the many community improvements and accomplishments that we have helped to facilitate.”
He said he wishes the township nothing but success and he assures the community and its leadership that his firm will do everything to ensure an orderly and professional transition.
Accomplishments
One accomplishment Kilkenny pointed to was the codification of all the township laws into a searchable electronic document.
Before the Kilkenny firm oversaw the codification, laws were literally kept on books and in antiquated file systems. Century-old outdated laws could still be on the books, he said.
He said while that may seem mundane to citizens “from a legal standpoint it is huge.”
Kilkenny noted another achievement was that like Upper Darby, many municipalities have home rule charters, which were enacted in the 1970s, but since that time state laws and regulations have changed.
Those changes are at times at odds with the home rule charter and come into conflict, which require interpretations that can lead to lawsuits.
“I am grateful for the opportunity and proud of the many community improvements and accomplishments that we have helped to facilitate,” he said.
Lots of kudos, and not
Council President Hafiz Tunis acknowledged the contributions Kilkenny has made as solicitor. He said his focus remains looking toward the future in achieving the goal of making Upper Darby a better place.
Upper Darby Mayor Ed Brown at an event in 2023. (PETE BANNAN-DAILY TIMES)
Brown agreed.
“We extend our gratitude to Mr. Kilkenny and his firm for their five years of dedicated service to the township,” Brown said. “We appreciate his commitment to ensuring a smooth and professional transition during this process.”
Council member Andrew Hayman who along with every other member of council was asked their views on Kilkenny leaving, praised the solicitor.
“I’m sorry that we’re losing him. I think he did a fantastic job. Like any employee, I can’t say there weren’t any errors, but he moved the township forward,” Hayman said.
Hayman also credited the codification of laws, as well as being an advocate for the decriminalization of marijuana and the responsible contractor ordinance, which requires those wanting to do work for the township to have professional certification and standards.
Hayman said it is ironic that the codification of laws is one of the reasons critics are able to review the home rule charter so closely.
Hayman said there were members from the opposing party who have always wanted to fire the solicitor but there was not a consensus on council for that to happen.
He said much of the criticism stems from the change from Republican leadership to Democrats with the turmoil seen at council meetings an attempt to distract council from functioning properly, with the goal to cause mistakes.
“He was a fantastic resource for Upper Darby. Any lesser firm would have left a lot sooner,” Hayman said. “Look how we’ve treated our solicitor over the past few years. I wouldn’t want to stay. We have attacked every employee who has walked into that room.”
Council member Jess Branas said being new to council she didn’t have enough expertise to question Kilkenny’s performance.
She did credit him with helping her navigate the law and government committee and expects the township to find a suitable replacement moving forward.
Council member Danyelle Blackwell was also supportive.
“I have worked with Solicitor Kilkenny for over 5 years therefore, I wish him and his family the best in his future endeavors,” Blackwell said.
Council member Brian Andruszko however said Kilkenny firm’s legal services have been far too costly and was critical about recent court rulings over public speaking time and funding for the Upper Darby Arts & Education Foundation.
“I am glad to hear of Kilkenny’s firms’ resignation as it is in the best interest of our community to seek new legal counsel that can offer both more affordable and accurate advice, ensuring that taxpayer dollars are spent wisely and effectively for the benefit of all residents,” Andruszko said.
Council will not be voting on a new solicitor Wednesday night, however a number of important decisions are on the agenda, including a request to introduce the latest attempt at a 1 percent earned income tax and 2025 budget appropriations.
Originally Published: January 15, 2025 at 6:55 AM EST