Harford County Councilmember Aaron Penman (R) can keep his council seat for now, the Maryland Supreme Court ruled Frdiay. (File photo by Bryan P. Sears/Maryland Matters.)
Maryland’s top court stayed an order Friday that would have forced a Harford County Councilmember to choose between his day job and his elected office.
Harford County Councilmember Aaron Penman is appealing a January order by a Harford County Circuit Court judge who ruled the Republican could not serve on the council while also working as a member of the county’s sheriff’s department.
Judge Richard S. Bernhardt Sr. last month said Penman’s job within the sheriff’s office was incompatible with his position on the council because the positions are within two separate branches of county government. Penman asked Bernhardt for a stay and was denied.
In a clarifying order, the judge stated that his intent was to give Penman 30 days to choose between his council job and his sheriff’s department job. But Penman asked the Supreme Court of Maryland to review the ruling and to stay Bernhardt’s order.
On Friday, the high court agreed. In its one-page order, the court stayed Bernhardt’s order, and said the stay would remain in place as it decides whether it will take up Penman’s case.
“I’m grateful for today’s ruling from the Maryland Supreme Court, which allows me to continue serving District B as the appeal process moves forward,” Penman said in a statement. “I remain confident in my legal standing and my ability to proudly serve both as a legislator and a committed member of the public safety community. I will keep fighting and keep you informed as the legal process unfolds.”
The case stemmed from an ethics complaint filed last February by Harford County Executive Bob Cassilly, who 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.
Penman has appealed the ruling citing a ruling involving another member of the Harford County Council who was allowed to hold elected office while remaining employed as a teacher in the county school system.