Upper Darby will put the wheels in motion Wednesday night to make its third try in implementing an earned income tax (EIT) on citizens of the sixth largest municipality in the commonwealth.<\/p>\n
The agenda<\/a> for tonight\u2019s township council meeting includes a vote to introduce and advertise Ordinance 3189<\/a>, which, if passed, would create a one-percent income tax.<\/p>\n Placing a new EIT on the agenda is nothing short of a full admission that the township\u2019s previous EIT ordinance passed in February was illegal \u2014 or an admission that fighting it would take too long.\u00a0<\/p>\n When the township passed the February EIT, resident John DeMasi, along with four other citizens, called the township out<\/a> by taking it to court last month. In the court filing, DeMasi and his colleagues argued the township was trying to start the tax immediately despite the fact a state law says newly implemented taxes cannot begin until 30 days later.<\/p>\n February\u2019s attempt, meanwhile, was an effort to correct the township\u2019s first failed attempt from 2024 which was eventually struck down<\/a> by a judge last December.<\/p>\n To recap: The first try in September was struck down in December. The follow-up attempt in February is currently in court. And Wednesday night, the township will take the beginning steps on try number three.<\/p>\n The ordinance proposed for this evening is obviously poised to dodge the 30-day implementation issue, with the language of the proposed ordinance saying the EIT \u201cshall not go into effect until thirty days from the time of adoption[.]\u201d<\/p>\n Additionally, Wednesday\u2019s vote only would approve some of the bureaucratic first steps \u2014 like advertising a hearing on a proposed ordinance, the kind of advertising required by the commonwealth\u2019s sunshine laws \u2014 and does not appear to be a vote on the final tax itself.<\/p>\n A spokesman for the township said Mayor Ed Brown (D) declined to comment on the agenda.<\/p>\n DeMasi and company\u2019s February lawsuit clearly irked Brown.<\/p>\n \u201cWe are confident in the legality of our actions and will strongly defend the council\u2019s right to implement the EIT as passed,\u201d Brown said<\/a> in a statement reported by the Inquirer.<\/p>\n Two days after that statement, Mayor Brown took direct aim at DeMasi, blaming him for a host of the township\u2019s woes.<\/p>\n