Upper Darby Council declared that the township is a safe and welcoming community for LGBTQ+ individuals and their families when it comes to rights for gender health care.
Council unanimously passed a resolution last week stating their commitment to protecting transgender rights and equal protections for transgender community members and declared itself a safe township and haven for transgender people to live and seek care and urged county and state officials to do the same.
The resolution states the township will not criminally prosecute or impose administrative penalties on health care providers, those seeking gender-affirming health care or impose administrative penalties on an individual because they are seeking or receiving gender-affirming health care.
The resolution states that if the commonwealth criminalizes such care, the township will make it their lowest priority to enforce that law and will decline any request to stop, arrest, detain, or transfer individuals to out-of-state-custody for those involved in such health care.
Officials will not respond to any request for confidential health care information from another jurisdiction, except as required by lawful authority.
Council member Jess Branas, the first openly gay member of council, hailed the passage.
“I am extremely proud that we are making sure that our LGBTQIA+, A to Z, especially the trans community, and the younger trans community have a safe haven here,” Branas said. “To know that we have the ability to make sure, that our residents here are safe, no matter who they are, no matter who they love, no matter what they look like, no matter what they believe in, … when sometimes other levels of government cannot.”
Jess Branas (Courtesy of Upper Darby)
At an earlier meeting, Branas said in this political climate it comes to the local communities to protect residents from future harm, “especially when it comes to the youth.”
She noted many anti-trans bills are appearing at the state level, nine of which have been raised in Pennsylvania.
“This is where we get together to say we are here to protect you,” Branas said.
New fire chief
During the meeting, council also approved Nicholas Martin to become the new fire chief.
Martin has a 30-year background in the fire service with 20 in leadership in Salisbury, N.C., and Columbia, S.C., fire departments as well as a master’s degree in fire leadership from Johns Hopkins University.
Martin is originally from Swarthmore and was a firefighter in Middletown, Delaware County, and has held multiple company-level and chief-level officer position in departments along the East Coast, including service in all-volunteer, combination career/volunteer, and all-career organizations.
He also has extensive published extensively in fire department journals, has taught on the national level and has extensive public speaking experience.
He will be paid $155,000 per year.
Martin was sworn in by Mayor Ed Brown. Martin’s wife, Emily, then pinned the new fire chief badge on her husband, with their children Dalton and June nearby.
Upper Darby Fire Chief Nicholas Martin has his new chief badge pinned on by his wife, Emily. (COURTESY PHOTO)
Prospect bankruptcyIn other business, council approved a request hire a special council, Beth Fleming LLC, to handle issues involved in the Prospect Medical Holdings bankruptcy and to back date her role to June 23 when she began work on the bankruptcy of for-profit company Prospect Medical Holdings LLC who owned Crozer Health, includes Delaware County Memorial Hospital in the township.
Council approved the move retroactive to June 23, the first day she did work on an emergency basis. Township Solicitor Michael Clarke said his firm is not a bankruptcy firm and because time was of an essence he asked her to get involved.
Upper Darby School District closed last week on purchasing the former hospital for $600,000.
The school district said short term plans are to stabilize the site for potential use as a swing space to support elementary school renovations.
Clarke said the sale of DCMH to the school district does not impact taxes owned. He said an abandonment ruling by the Texas did impact those tax claims.
He said 2025 claims are not impacted as are issues with the business privilege tax.
The township is attempting to collect about $250,000 of those taxes and other payments to the township in the bankruptcy.
Plastic bag issue
During public speaking time a number of residents spoke out against a possible bag ban that has been mentioned on social media.
Council President Hafiz Tuniz Jr. said there been no legislation proposed on a bag ban, he said township officials are seeking input from the business community and residents on the topic.
Township audit
Council also approved to hire Clifton Larson Allen to conduct the township’s annual financial audit for the fiscal years 2025 to 2027 at a cost of between $85,000 and $90,000 per year.
The home rule charter requires a new firm to every three years, however an issue arose since the company doing the 2024 audit has been bought out by Clifton Larson Allen.
Solicitor Clarke said they do not believe it violates the meaning of the charter.
In other business, council approved a subdivision plan at 520 Monroe Ave. to build four new homes on two lots.