Harford County Council Member Cannot Hold Seat: MD Supreme Court

HARFORD COUNTY, MD — The Maryland Supreme Court has ruled that Harford County sheriff's deputy Aaron Penman cannot sit on the Harford County Council at the same time.

Harford County prohibits dual employment, noting that it creates an "obvious conflict of interest for council members charged with oversight of county spending on the sheriffs' office and other state offices."

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In a two-page order, Chief Justice Matthew J. Fader wrote that the court found "the Harford County Charter bars a deputy sheriff employed by the Harford County Sheriff from simultaneously serving as a Harford County Council member."

The decision by the Maryland Supreme Court affirmed a ruling by the Circuit Court of Harford County, took effect immediately to remove Penman from the Council and required Penman to pay court costs.

Penman told Maryland Matters that he was surprised by the order.

"I don't understand it," he said. "The sheriff is a self-elected official. He doesn't answer to the state. He doesn't answer to the county executive, as it represents salaries, hiring, firings. But yet, they somehow lump deputy sheriffs in as state employees — that have really no impact on local legislation."

Penman told voters before his election to the County Council that he would retire from the sheriff's office if elected to the county council. After he was elected, Penman reversed his stance and took a new position with the sheriff's office.

The Cassilly administration called on Council President Vincenti and council members to uphold the charter and remove Penman from the council. Because the council failed to uphold the charter, the Cassilly administration filed a lawsuit seeking Penman's removal from the county council.

All bills that Penman approved while as a County Councilmember have since been invalidated by the Maryland Supreme Court's ruling, as he couldn't legally serve on the council, Cassilly said in a statement.

Related:

Harford Co. Executive Cassilly, Councilman Penman Trade New Accusations Over Ethics

Judge Rules Harford County Sheriff's Deputy Cannot Serve As County Council Member

Harford County Council President Rejects Executive's Request To Remove Councilman Penman