The Supreme Court of Maryland has stayed an order from the Harford County Circuit Court that would have prohibited County Council member Aaron Penman from serving on the council while he is employed by the Harford County Sheriff’s Office.

Penman’s dual employment was ruled a violation of the county charter last month by   Circuit Judge Richard Bernhardt.

Bernhardt gave Penman 30 days to terminate his employment with either the council or the sheriff’s office, 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’s appeal of the decision to the Appellate Court of Maryland was denied, but on Friday, the Supreme Court of Maryland stayed, or delayed enforcement of the ruling, saying that Penman can remain on the council until the court decides whether to hear the 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 in a post on social media. “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.”

One month before the November 2022 election, Penman retired from the Harford County Sheriff’s Office after 23 years of service, out of concern that the county charter would not permit him to serve in both capacities.

After a 2023 decision by the Supreme Court of Maryland that allowed District F Councilman Jacob Bennett to serve on the council while Bennett worked as a public school teacher, Penman returned to the sheriff’s office.

Penman’s reemployment prompted concerns from county residents, who wrote letters to the Harford Ethics Commission. Days after the circuit court ruling, the commission ruled that serving on the council and as a sergeant with the Harford County Sheriff’s Office is a violation of the county’s code of ethics.

The District B council member representing Joppa, Abingdon, Bel Air, Fallston and Forest Hill, has said the ruling in the Bennett case is applicable to his case as well, due to similarities in the governing capacities of the Harford County Board of Education and the sheriff’s office.

If the Supreme Court of Maryland rules that Penman can serve in both capacities, the commission ordered that he must enter into a “non-participation agreement” with the board that would prohibit him from participating in discussions, deliberations and votes on budget amendments concerning wages or benefits for sheriff’s office employees or capital projects or legislative matters that impact the sheriff’s office, and other relevant law enforcement matters.

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