Harford County Councilmember Aaron Penman (R). Photo by Bryan. P. Sears.
A Harford County Council member is vowing to fight a court order that would remove him from office because of his employment with the county sheriff’s department.
Harford County Council member Aaron Penman (R) said a ruling issued Friday by Circuit Judge Richard S. Bernhardt Sr. would require his immediate removal from office if left to stand.
“I was voted in by voters of District B, the constituents voted me in for my public safety experience,” Penman said. “Now this judge is forcing me to vacate my seat because of it. I think it’s an injustice. I think it’s weaponizing the government. It’s a complete disgrace, in my opinion.”
Bernhardt, in an order issued Friday, ruled that Penman is “permanently enjoined from exercising all rights and authorities of a member of the Harford County Council or performing any and all functions of a member of the Harford County Council unless and until he cures his lack of qualification.”
At issue is Penman’s employment with the Harford County Sheriff’s Office.
Harford County Executive Bob Cassilly filed an ethics complaint last February and later asked the Circuit Court to declare that Penman’s employment violated a provision in the county charter that prohibits a county lawmaker from being employed by a county or state government entity.
Cassilly had not commented on Bernhardt’s ruling as of Friday evening.
In October 2023, Cassilly called for Penman to be removed as tensions between the executive and members of the Republican majority council deepened. Council President Patrick Vincenti challenged Cassilly to go to court to have Penman removed.
The fight over Penman is seen as part of an ongoing squabble between Cassilly and Sheriff Jeffrey Gahler over funding for a proposed new facility for the department. That fight has included Cassilly’s search of council emails, a grand jury investigation by the Office of the State Prosecutor, and a lawsuit filed by Gahler over Cassilly’s refusal to provide documents requested under the Maryland Public Information Act.
In December, a Harford County judge ordered Cassilly to release the records within 30 days.
This is the second time Cassilly has filed suit seeking to block a council member from serving based on their outside employment. In December 2022, Cassilly suit to to prevent Jacob Bennett, a Democrat, from serving on the council because Bennett also taught science in a Harford County Middle School.
Bernhardt, the judge in Bennett’s case, ruled the Democrat could not serve on the council unless he resigned from the school system. Bennett appealed and in April 2023 the Supreme Court of Maryland overturned Bernhardt’s order, ruling that Bennett’s teaching job did not violate the county charter.
Penman, who retired from the sheriff’s office in December 2022, was rehired by Gahler in September 2023, in part on the basis of the ruling in the Bennett case. Penman on Friday noted that Bernhardt has already been overturned once in a similar employment case.
“We have a judicial system that is removing a sitting elected official after they have already been overturned once before,” Penman said,
A year ago, Cassilly and Harford County Attorney Jefferson Blomquist filed a complaint with the Harford County Board of Ethics claiming Penman’s political position and job with the sheriff’s department were in conflict. The administration sought to have Penman removed.
The county later filed a lawsuit. Penman countersued.
Penman, in an interview Friday, said his attorney will request a stay of Bernhardt’s order and file an appeal as early as Friday afternoon.
If Penman were forced to step down, it would be the second time since November that the council has had to address a vacancy.
Earlier this week, the council appointed Nolanda Robert to fill the remainder of the term of Dion Guthrie, who was removed from office following a plea of nolo contendere in a felony theft case in Baltimore County. Guthrie continues to challenge his removal in court.