The Appellate Court of Maryland denied Aaron Penman’s request to remain a member of the Harford County Council, increasing the probability that as of Feb. 9, his District B seat will be considered vacant. It would be the council’s second vacancy in less than four months.

Penman, a Republican, is both a council member and a sergeant with the Harford County Sheriff’s Office and nets an annual income of about $145,000 from the county via the two positions. A Harford County Circuit Court judgee ruled earlier this month that Penman’s dual employment is a conflict of interest that violates the county charter.

Citing a portion of the county charter that states a council member cannot hold “any other office of profit or employment in the state, the county or any municipality within Harford County,” Circuit Judge Richard Bernhardt gave Penman 30 days to either terminate his employment with the Harford County Sheriff’s Office or resign from the council.

The Harford County Ethics Commission ruled in late December that being both a council member and a sergeant with the Harford County Sheriff’s Office violates the county’s code of ethics. The commission’s ruling was issued Dec. 30 but sealed by the Harford County Circuit Court until Jan. 9.

Following Bernhardt’s Jan. 9 ruling, Penman, who represents Joppa, Abingdon, Bel Air, Fallston and Forest Hill in District B, appealed the court and the ethics commission rulings to the Appellate Court of Maryland. The emergency motion filed with the court asked for the 30-day period to be extended. On Wednesday, the request was denied by Appellate Court Judge Andrea Leahy.

Penman said he does not plan to terminate his employment with the sheriff’s office or resign from his seat on the council. He intends to appeal the Circuit Court’s decision “as far as it can go” in hopes that he will be able to serve in both capacities.

The attorney for the Harford County Council, Meaghan Alegi, said due to the circuit court decision earlier this month, Penman’s seat on the council will be considered vacant as of Feb. 9.

“The council will work to fill the vacancy pursuant to Section 209 of the charter. If there are additional documents filed and/or orders issued in the interim we will evaluate those as needed,” Alegi wrote in an email.

Penman believes he should be allowed to serve in both capacities because of a 2023 decision by the Supreme Court of Maryland that allowed District F Councilman Jacob Bennett to serve on the council while he continues to work as a public school teacher.

The court ruled that the Harford County Board of Education is an independent organization and not a state or county governmental agency. Penman believes that the sheriff’s office is a state entity only, and that the sheriff’s office holds similar independence from the state and county as the Board of Education, therefore he should be allowed to serve.

“I believe that the Jacob Bennett case is one and the same as my case and I am hoping that the Supreme Court will decide in favor of allowing law enforcement to serve on the council, just as they do with teachers,” Penman said.

Penman has since filed a request for a hearing to the Maryland Supreme Court as well as an appeal to the Maryland Appellate Court. Citing the 56 days it took the Maryland Supreme Court to rule on Bennett’s case, Penman said he is confident his seat will not be vacant for long.

“Right now, what I am focused on is serving in both capacities,” Penman said. “Once it gets in front of the Supreme Court, I believe we will prevail and allow law enforcement to serve as representatives of Harford County.”

Council member Dion Guthrie, a Democrat, was removed from the council in November after he pleaded no contest to felony theft charges in Baltimore County. His seat has since been filled by Nolanda Robert. Guthrie is appealing his removal.

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