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

HARFORD COUNTY, MD — The president of the Harford County Council has turned down a request from County Executive Bob Cassilly to remove Councilman Aaron Penman who also is a Harford County sheriff's deputy.

Council President Patrick Vincenti, in a letter responding to Cassilly, said the council has no authority to remove Penman.

“Unlike the authority of the United States Congress and the Maryland Legislature, the Express Powers Act provides ‘no commitment rendering the County Council the sole arbiter of its members’ qualifications,'” Vincenti wrote in his response.

In a letter addressed to Vincenti last week, Cassilly said Penman was no longer eligible to serve because he had been rehired by the Harford County Sheriff in violation of the County Charter. In the letter, Cassilly requested the council remove Penman from his office.

"His dual employment as a Harford County councilmember and a deputy sheriff violates Section 207 of the Harford County Charter, which prohibits council members from also serving as employees of the state or county governments. The office of the Harford County sheriff is a state office," Cassilly wrote in his letter. "I therefore call upon the County Council to take immediate action to remove Councilman Penman from his membership on the Harford County Council, as he no longer meets the requirements for that public office."

Vincenti suggested that Cassilly’s only option is to seek a court order.

“In this matter, the County Council does not have the authority to file a suit of this nature,” Vincenti wrote. “However, as you are aware, the Executive Branch does have this authority, which you previously exercised in Harford v. Bennett.”

In that case Vincenti referenced, Cassilly attempted to block Harford County Councilmember Jacob Bennett from serving because the first-year official was employed as a teacher by Harford County Public Schools. Cassilly locked Bennett out of his office and refused to pay him.

While a Harford County Circuit Court judge ruled in favor of Cassilly, the Supreme Court of Maryland earlier this year ordered the Circuit Court judge to reverse his earlier decision and fully seat Bennett.

"(Section 207) does not preclude a teacher employed by the Harford County Board of Education from simultaneously serving as a member of the Harford County Council," the ruling said.

Penman, who retired last October after 17 years with the Harford County Sheriff’s office, said the ruling in Harford v. Bennett cleared the way for him to be rehired. Sheriff Jeffrey Gahler said legal opinions, including one from an assistant attorney general assigned to his department, agreed with the ruling and Penman was rehired last month. Section 207 allows an employee of the sheriff's office to fulfill both duties.

The Harford County Sheriff's office announced that following a review of the court's full written opinion released Aug. 30, Penman's separation from the agency was unnecessary.

"The taxpayers of Harford County have invested greatly in Sgt. Penman over the course of his career and returning his experience and skills to the sheriff's office's ranks is a benefit to public safety in our county," Gahler said.

Related:

• County Exec Cassilly Tries To Oust Sheriff's Deputy From Council Seat
• Claims Of Wiretapping By Cassilly, Misuse Of Funds Disputed: Sheriff
• Harford Co. State's Attorney Goes After County Executive Over Emails