A Harford County judge has ruled that the county charter bars Aaron Penman from serving on the Harford County Council because if his employment with the Harford County Sheriff’s Office.

Circuit Court Judge Richard Bernhardt ordered Penman removed from the council on Thursday, citing a portion of the county charter that says a council member cannot hold “any other office of profit or employment in the state, the county or any municipality within Harford County.”

Penman, a Republican elected in 2022 to represent District B, is a sergeant with the county sheriff’s office. Penman has appealed the decision to the Maryland Appellate Court.

He believes an April 2023 decision by the Supreme Court of Maryland regarding District F Councilman Jacob Bennett’s status on the council is applicable to his own situation. Bennett is employed by the Harford County Board of Education, which the court deemed in its decision to be an independent organization and not a state or county governmental agency.

Bernhardt stated in court documents that he does not find Bennett’s case to be applicable to Penman’s situation. Bernhardt said case law precedent proves the Harford County Sheriff’s Office is a state entity only — putting Penman’s dual employment in direct violation of the county charter.

“Effective immediately the plaintiff 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,” Bernhardt wrote in court documents.

The court ordered that Penman must terminate his employment with the Harford County Sheriff’s Office within 30 days of the court’s order in order to return to the council.

Penman and Sheriff Jeffrey Gahler said Penman will remain employed with the Harford County Sheriff’s Office.

“The court decision does not affect Mr. Penman’s employment with the Harford County Sheriff’s Office … this only impacts his ability to sit as a council member,” Gahler said. “It would be an understatement to say I am disappointed with this decision.”

Gahler noted that because of the Supreme Court of Maryland’s ruling in Bennett’s case, he does not believe a conflict of interest exists. He said the court’s decision made “parallels” between school system employment and employment with the sheriff’s office, which is why he rehired Penman in September 2023.

“I am hoping the appeal is heard because I think the Bennett case speaks for itself and parallels the sheriff’s office,” Penman said. “I am hopeful that the appeal will go forward and that a stay will be granted to allow me to return to the council.”

Penman said if his appeal is not granted, he plans to appeal the case to the Maryland Supreme Court.

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

After working for the sheriff’s office for more than 23 years, Penman retired in October 2022 before being elected to the County Council in November 2022, out of concern that the county charter would not permit him to serve in both capacities. After the Maryland Supreme Court ruled on Bennett’s case in 2023, Penman was rehired to the sheriff’s office.

His reemployment prompted concerns from county residents, who wrote letters to the Harford Ethics Commission.

Penman brought the matter before the state ethics commission in October 2023. In February 2024, the state commission ultimately approved of Penman’s positions with the sheriff’s office and on the county council, but told him to seek advice from the county ethics commission.

Five days later, county attorney Jefferson Blomquist brought the matter before the Harford County Ethics Commission — formally launching a complaint against Penman; in July the county filed a claim in the circuit court that resulted in the Jan. 9 order from the court for Penman to vacate his seat or terminate his law enforcement employment.

Penman’s vacancy comes just days after the council appointed Nolanda Robert to fill the District A vacancy of former Council member Dion Guthrie, who was removed in November after he pleaded no contest to a felony theft charge in Baltimore County.

In a news release, Penman cited the ongoing feud between County Executive Bob Cassilly and Gahler as the reason the county attorney filed the ethics complaint agains Penman. Penman called the move “lawfare” and said Cassilly is working to take out a political opponent while “wiping out thousands votes cast by citizens” who elected Penman.

“It appears that this latest political retaliation is driven by Penman’s vocal criticism of the Cassilly administration’s lack of transparency, ethics and overall competency,” the news release said. “Cassilly’s actions are an attempt to weaponize the county government to suppress dissent and silence those who challenge his policies.”

Cassilly declined to comment.

If Penman’s appeal is not granted and he chooses to remain with the sheriff’s office, the Harford County Republican Central Committee will be tasked with nominating at least three candidates to the Harford County Council to fill Penman’s District B seat. District B reaches from Baldwin to Joppa, and extends to Abingdon, Bel Air and Forest Hill.

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