Upper Darby has again voted to enact an earned income tax.

After five hours of discussion and public comments at the Wednesday evening meeting, the council voted 6-3 in favor of the 1 % tax, which goes into effect on Jan. 1 and impacts most residents’ gross income.

The EIT has been argued over through two mayoral administrations and has been stopped by lawsuits over the wording of the law.

In May, council members tabled the most recent vote on the tax — which can only be enacted beginning July 1 or Jan. 1 — after residents who in the past successfully sued to block the tax again complained about the wording in the ordinance.

During that May special meeting, Kilkenny Law Solicitor, the solicitor for the township at the time, said the changes were minor and the ordinance could move forward, but after residents continued to voice their concern, the council tabled the decision.

The township now has a new solicitor, Clarke Gallagher Barbiero Amuso & Glassman, which has said the law follows requirements of the home rule charter.

The EIT imposes the tax on residents and nonresidents who aren’t taxed by a similar tax in other municipalities, such as the Philadelphia wage tax. Military income and residents earning less than $12,000 a year would be exempt.

Mayor Ed Brown said the tax is needed, and without it, real estate taxes would significantly increase next year as expenses outpace revenue. He said the revenue is not a new development and has already been discussed in detail.

Brown said the tax will enable quality of life issues to improve in the township, including a new community center and a new public safety headquarters. He also said it will allow the township to have a healthy fund balance.

Opponents said the township should tighten their budget. One resident complained about high salaries given to township employees.

One resident said the council shouldn’t keep extending its credit card. “We are not helping people out; we are making it more unaffordable,” he said.

Some residents spoke in support of the tax, saying if it had been enacted 40 years ago, the township might not be in the financial position they are currently in.

Council member Laura Wentz said the tax will have a huge impact on residents, especially for lower-income residents.

“I’ve spoken to residents all over the township, those who make very little, to those who make a lot of money… not a single person I have spoken to say they support it,” Wentz said.

Wentz also made a motion to change the rate to .25 percent, which was declined.

Council member Matt Silva said the tax will not impact everyone; some will feel it very significantly, others not at all. “I have more on it, but I am tired,” Silva said as the meeting moved into Thursday morning.

Council member Myron McNeely said you can’t have nice things if you don’t pay for them, pointing to trash collection, police and firefighters.

“You have to pay for it,” he said.

“I am committed to building the future of Upper Darby,” Marion Minick said. He added the EIT will allow the township to meet it’s current financial obligations and to take on larger inspirational projects such as the community center and safety center, which will be the source of great township pride for residents.

The EIT and public discussion took up most of the meeting; however, a number of other ordinances and motions, including land development phases for the Delaware County Community College development and funding pension obligations, were approved in one council vote.

Originally Published: September 18, 2025 at 12:10 PM EDT