Harford County Councilmember Aaron Penman (R) criticized Harford County Executive Bob Cassilly for using the county law office to have him removed from the council in what Penman called “lawfare.” (Photo by Bryan. P. Sears/Maryland Matters)
A decision by Maryland’s top court has created a vacancy — perhaps temporarily — on the Harford County Council.
The Supreme Court of Maryland Wednesday denied a petition by Harford County Councilman Aaron Penman (R) to review a Circuit Court decision that said he could not continue in elected office while also working for the county sheriff’s department. The high court’s order did not offer insight into why the petition was rejected.
The Supreme Court had put a hold on the circuit court ruling while it considered whether to take Penman’s appeal. Wednesday’s rejection ended the stay and “created a vacancy on the council as of yesterday,” Meaghan Alegi, attorney for the council, said in an email Thursday.
But Wednesday’s decision did not end Penman’s appeal in the Appellate Court of Maryland, and he could well find himself reinstated to the council if the Appellate Court issues a stay of the Circuit Court order from earlier this year.
The decision is the latest twist in an intra-party squabble between Penman and Harford County Executive Bob Cassilly (R) that Penman, in a statement Thursday, called “lawfare.”
“For over a year, a legal war has been waged on me by our very own County Executive Bob Cassilly, and his appointed County Attorney Jefferson Blomquist,” Penman’s statement said.
Penman called the effort a waste of taxpayer dollars.
The case stemmed from an ethics complaint filed last February by Cassilly, who asserted Penman’s employment as a sheriff’s deputy violated a provision in the county charter that prohibits a county lawmaker from being employed by a county or state government entity.
Harford County Circuit Judge Richard S. Bernhardt Sr. ruled in January that Penman’s position on the council conflicts with his day job. The positions are incompatible because they exist in two different branches of government, according to the judge.
Penman initially asked Bernhardt to stay his order. That request was denied, but Bernhardt clarified his initial order to give Penman 30 days to file an appeal.
An appeal was filed with the Appellate Court of Maryland — the state’s intermediate court, that takes all appeals — and Penman’s attorney also filed a request with the Supreme Court of Maryland, asking for the case to leapfrog over the intermediate court. That request came with a motion to stay Bernhardt’s order, which the high court agreed to do while it decided whether or not to take up the case.
The Supreme Court of Maryland has discretion over which cases it accepts. A denial to take up a case does not necessarily mean it agrees with the lower court ruling. That denial also does not end Penman’s challenge before the Appellate Court of Maryland.
Penman is not the only Harford County Council member whose seat is tied up in the courts. Former Councilman Dion Guthrie, a Democrat who was forced off the council last year after pleading nolo contendere on a felony fraud charge, is also appealing the ruling that led to his ouster from the council. Guthrie’s seat was filled with replacement councilmember earlier this year.
Penman pointed out that Cassilly, a fellow Republican, has steadfastly supported Guthrie, a Democrat.
“This lawfare tactic is something we expect from the extreme front on the national stage – not so-called ‘fellow’ Republicans in Harford County,” Penman said. ” Clearly, County Executive Cassilly prefers to support those charged in felony theft cases, who vote blindly for his agenda over a hard-working COP who serves the people.”