Should Harford County Councilman Aaron Penman win his appeal case for the right to serve as both a councilmember and a sheriff’s deputy, he’ll be prohibited from engaging in county matters that impact the sheriff’s office, the Harford County Ethics Commission ruled.

The ruling was issued Dec. 30 but sealed by the Harford County Circuit Court until Jan. 9, when Judge Richard Bernhardt ruled that Penman’s dual employment with the sheriff’s office and the council was a violation of the county charter.

The commission, charged with enforcing the county’s code of ethics for government officials, said being both a councilmember and a sergeant with the Harford County Sheriff’s Office is in violation of the county’s code of ethics.

The District B councilman representing Joppa, Abingdon, Bel Air, Fallston and Forest Hill has since appealed both the court and the ethics commission rulings to the Maryland Appellate Court.

If Penman’s appeal against the court ruling is successful and he is permitted to continue serving on the council, the commission ordered that he must enter into a “non-participation agreement” with the board that prohibits him from participating in discussions, deliberations and votes on budget amendments concerning wages or benefits of sheriff employees, sheriff capital projects, legislative matters that impact the sheriff’s office, and other relevant law enforcement matters.

Should Penman fail to submit the agreement by Feb. 14, he “shall terminate his employment with the sheriff’s office” or vacate his seat on the council, the commission said.

“This is about whether public officials should be allowed to use their power for their own personal benefit,” said County Executive Bob Cassilly in a Thursday statement. “The Harford County Circuit Court and the board of ethics have made it clear that Mr. Penman engaged in conflicts of interest that undermine public trust and violate the rules and spirit of the law.”

When Penman was elected in 2022, he initially retired from the sheriff’s office out of concern that his dual employment would violate the charter. But in 2023, the Supreme Court of Maryland ruled Harford County Public Schools teacher and Councilman Jacob Bennett was allowed to serve in both capacities because the Board of Education can serve as a state, county or independent entity.

Penman then rejoined the sheriff’s office, prompting concern from residents and the ethics complaint. He argues his dual employment is no different than Bennett’s.

“Authority of the sheriff is under the state constitution,” Penman said in a statement Thursday. “The county and state can’t hire, fire or set salaries of anyone in the sheriff’s office, therefore, I believe we are independent.”

Rather than focusing on the classification of the sheriff’s office and charter implications, the ethics commission analyzed the relationship between councilmembers and their outside employers.

The commission said the sheriff’s office is subject to the authority of the council and has impaired the impartiality or independence of judgment in Penman’s duties.

Harford’s code of ethics states that officials may not participate in or exercise administrative or ministerial duty in matters that could impact their disposition or decision in matters in which they have interest. Councilmembers may not be employed by or have a financial interest in any entity subject to authority of the commission of which they are a part.

Penman nets an annual income of approximately $145,000 in county funds through his position as a sergeant with the sheriff’s office and approximately $51,000 as a councilmember. The commission said it did not find reason to believe Penman was receiving financial kickbacks from the sheriff’s office for his work on the council.

However, the commission did outline three instances in which they said Penman violated the county’s code of ethics.

The first involved Penman’s deliberation and vote on the county’s annual budget, the commission said. Every year, Penman has advocated for funding of public safety.

Because Penman is employed by the sheriff’s office, which is funded, insured and maintained by the county’s budget, the commission said that Penman’s judgment on the budget poses a conflict of interest.

Penman called the information in the commission’s opinion untrue and said he believes all elected officials should advocate for public safety.

“The opinion that I committed an ethics violation is just false,” Penman said in the statement. “Our elected officials should always advocate for public safety, education and fiscal responsibility, regardless of whether they are teachers or cops.”

The second violation that the commission cited occurred in April of last year, when Penman engaged in deliberations and voted on the county’s payout of a $1 million settlement to the family of John Fauver — a suicidal man who was shot and killed by Harford sheriff’s deputies in Forest Hill in 2023.

Harford Sheriff Jeffrey Gahler expressed frustration with the county’s choice to settle with Fauver’s family through news releases and social media videos criticizing Cassilly and defending the actions of his deputies.

Penman reiterated many of Gahler’s points during the council’s deliberation over a bill outlining the settlement payment, which passed in a 4-3 vote with Penman being one of the dissenting voters.

After describing Penman’s role in the Fauver case, the commission wrote: “The sheriff has control over Mr. Penman’s job security as a sheriff’s deputy; his award of work assignments; his eligibility for overtime pay and his career advancement. As a councilmember, Mr. Penman has an interest as an employee of the sheriff, in supporting the sheriff’s positions and objectives.”

The third violation noted by the commission stems from Penman’s advocacy and support for the construction of a central precinct for the sheriff’s office. According to the commission, Penman participated in deliberations and issued public statements in support of the controversial project that Gahler and Cassilly have gone back and forth on since the latter took office in 2022.

“I take my oath very seriously and in areas where I truly have a conflict or an interest, I have, and will, continue to separate or recuse myself,” Penman said. “As for going forward, I look forward to challenging the broadness and flat-out false information provided in this opinion.”

Penman has since been given 30 days to either terminate his employment with the Harford County Sheriff’s Office or resign from the council, per the ruling from the Circuit Court.

Hearings for both of Penman’s appeals have yet to be scheduled.

Have a news tip? Contact Matt Hubbard at mhubbard@baltsun.com, 443-651-0101 or @mthubb on X.