Members of the Upper Darby Township Council may participate
in Council meetings or executive sessions by means of telecommunication
devices, provided that:
A. A majority of the membership of Council is physically present at
the advertised meeting place or executive session within the Township
and a quorum is established at the convening or reconvening of the
meeting. If after the convening or reconvening of a meeting a member
has been disqualified from voting as a matter of law, but is still
physically present, Council members participating by telecommunication
device in accordance with this article shall be counted to maintain
a quorum; and
B. The telecommunication device used permits the member or members of
Council not physically present at the meeting to:
(1) Speak to and hear the comments, votes, if any, of the members of
Council who are physically present as well as other members of Council
who may not be physically present and who are also using a telecommunication
device to participate in the meeting or executive session; and
(2) Speak to and hear the comments of the public who are physically present
at the meeting or executive session.
C. The telecommunication device used permits the members of Council
and the members of the public who are physically present at the meeting
or executive session to speak to and hear the comments and the vote,
if any, of the members of Council who are not physically present at
the meeting or executive session.
D. Council shall authorize participation by telecommunication device
for one or more of the following reasons:
(1) Illness or disability of the member of Council;
(2) Care for the ill or newborn in the member's immediate family;
(4) Family or business travel.
E. Nothing in this article shall be construed to limit the protections
and prohibitions contained in any law or regulation relating to the
rights of the disabled.
F. In the event that a disaster declaration is signed by the Mayor, the Council President may waive the requirement under Subsection
A of this section requiring that a physical quorum of Council members must be established. This is contingent upon a quorum in adherence to Subsection
B of this section be established by social media conferencing, video conference, or equivalent technology.
All ordinances or parts thereof inconsistent with this article
are hereby repealed to the extent of the inconsistency.
The provisions of this article are declared to be severable.
If any provision of this article is declared by a court of competent
jurisdiction to be invalid or unconstitutional, such determination
shall have no effect on the remaining provisions of this article.
This article shall be effective immediately upon its legal adoption.