Councilmember Claims 'Illegal Behavior' Carried Out By Harford County Executive

HARFORD COUNTY, MD — A dispute among Harford County officials has led to claims that the county executive violated Maryland's wiretap statute by illegally intercepting electronic communications. The Harford County Sheriff's Office said it is investigating the complaint.

The victims identified in the complaint filed July 27 are elected and government officials, as well as members of the business community. Allegations by Councilman Aaron Penman that millions in county money had been misappropriated were investigated by Harford County Executive Bob Cassilly's office, and the executive said there was no basis for the accusation.

As part of the investigation, county phone and computer records were searched.

"As with any report of a crime we have a duty to investigate, treating reports of crime without bias towards the victims or suspect's identity. If founded, this case is particularly egregious, as Maryland boasts some of the most comprehensive and stringent wiretapping laws in the nation, emphasizing the protection of citizens' privacy," said the Harford County Sheriff's Office.

According to the sheriff's office, because some of the victims are elected officials and due to the complexity of wiretapping statutes, detectives from Harford County Sheriff’s Office Criminal Investigations Division have been assigned to the case and will report directly to the Harford County State’s Attorney.

Penman, a former Marine and member of the Harford County Sheriff's Office, expressed his concern about the situation.

"I am deeply disturbed to announce that evidence has been obtained that reveals the Cassilly administration, led by County Executive Cassilly, has been found to have monitored the phone and email communications of Councilman Penman, Sheriff Gahler, former County Executive Barry Glassman, a private attorney, and other targeted citizens," Penman said in a news release. "This unauthorized and deliberate effort extends beyond the jurisdiction of the executive branch and is believed to be an attempt to obstruct and monitor an ongoing investigation."

Cassilly responded to Penman's comments and said the county's information communication technology policy and county-issued cell phones policy "make (it) abundantly clear that no user of electronic devices issued by the county has any expectation of privacy as to information conveyed through the use of such information technology and that the county has the right at any time to inspect all electronically stored information on such technology devices."

On or about May 23, Penman publicly alleged misappropriation of $7 million in county money, Cassilly said. He said Penman "refused to cooperate with the executive branch’s inquiry regarding his allegations.

"The county director of administration, upon learning of Councilman Penman’s allegations, undertook a comprehensive internal investigation to ascertain whether there was any basis to suspect misuse of county funds," Cassilly said in a news release.

"Having failed to find any evidence of improper activity, the director of administration, on May 30, directed county staff to review county servers for communications between Councilman Penman and Sheriff Gahler, Sheriff Gahler’s information officer and campaign manager Erik Robey, and Councilman Penman’s campaign advisor Joseph Snee, in order to exhaust a search of the county server for the most likely recipients of communications from Councilman Penman concerning his allegations of misappropriation of funds by executive branch members," Cassilly added.

Cassilly said the requested search "disclosed no basis for the serious allegations being leveled by Councilman Penman."

"It is well within the authority of the executive branch, when faced with allegations of wrongdoing by its own directors or employees, to conduct an examination of the electronic communications located on Harford County servers of the Councilmember accusing a county employee of improper use of county funds. At no time did the executive branch monitor Councilman Penman’s emails or cell phone. The examination conducted was appropriately limited in order to provide the level of confidentiality necessary to support an effective investigation of an alleged misuse of county funds," Cassilly said.

The Office of the State’s Attorney for Harford County stated on its Facebook page that it has reviewed the criminal complaint made by Penman as well as the results of the investigation by the Harford County Sheriff’s Office to date.

"As a result of this review and in an effort to encourage a transparent and independent investigation and prosecution determination, State’s Attorney Healey has referred this matter to the Office of the State Prosecutor, who has the legislative authority to investigate and prosecute these types of alleged crimes," the Facebook post stated.