Aaron Penman will be reinstated, albeit temporarily, to his seat on the the Harford County Council after an appeals court ruled the Republican could serve both as a councilmember and a deputy in that county's sheriff's department. (File photo by Bryan. P. Sears/Maryland Matters)
A Republican removed from the Harford County Council will get his seat back, after the Appellate Court of Maryland said he had been wrongfully removed last year.
The unreported ruling by a panel of the Appellate Court of Maryland reversed a February 2025 circuit court ruling that said Aaron Penman was could not serve on the council while also also working as a deputy in the Harford County Sheriff’s Department.
“I’m extremely happy that the Appellate Court got the decision correct,” Penman said in an interview. “We felt very strongly about the case.”
The ruling does not automatically restore Penman to his council seat. A Harford County judge must still sign off on that request, which was filed Friday.
“I thought it would have happened by now,” Penman said. “My hope is that the order is signed by tomorrow (Tuesday),which allows me to serve tomorrow night at the county council meeting. That’s my hope. We’ll see if that comes to fruition.”
A spokesperson said County Executive Bob Cassilly, whose administration sought Penman’s ouster, will seek a review of the ruling.
“The County Executive respectfully disagrees with the court’s opinion as it overrides the clear intent of the charter, which seeks to prioritize the general interests of the taxpayers and citizens over special interests, like government employee unions,” the spokesperson, Matthew Button, said in a statement to Maryland Matters.
“The ruling allows government union members who are also serving as council members to prioritize funneling tax dollars to please their employers, rather than adhering to a sole obligation to serve the citizens. We will be filing for a review of this decision.”
GET THE MORNING HEADLINES.
The Cassilly administration filed an ethics complaint last February against Penman, arguing that his employment as a sheriff’s deputy violated a county charter provision that prohibits a county lawmaker from being employed by a county or state government entity.
That ethics case quickly morphed into a lawsuit in Harford County Circuit Court early last year. Harford County Circuit Court Judge Richard S. Bernhardt Sr. sided with Cassilly, ruling Penman could not hold both jobs.
But the three-judge Appellate Court panel, in its opinion last week, wrote that while the position of sheriff is a constitutional office, it’s role as a state or county government entity is tricker.
“In the absence of clear textual guidance or definitive legislative history, we must apply the presumption favoring eligibility,” Judge Jeffrey Geller wrote for the panel.
“In this case, a county council member who also serves as a deputy sheriff and the sheriff who employs them both ultimately answer to the voters,” Geller wrote. “When statutory text leaves the question open, the ultimate judgment belongs not to this Court, but to the ballot box.”
Cassilly’s pursuit of Penman was seen by many as an extension of an intra-party squabble between the county executive and Sheriff Jeffrey Gahler (R) and a Republican-majority council.
The Appellate Court relies heavily on a previous case involving Cassilly and Jacob Bennett, a Democrat who was a middle school science teacher when he was elected to the council four years ago. Cassilly sought to keep Bennett from being sworn in, saying his teaching job made him ineligible.
Bernhardt, the judge in Penman’s case, was also the judge for Bennett. Bernhardt also sided with the county against Bennett, but that ruling was overturned by the Supreme Court of Maryland.
“This is the second time we’ve been through this,” said Council President Patrick Vincenti, who is running against Cassilly in this summer’s GOP primary for executive.”It’s been a tremendous waste of time and energy and treasure. It wasn’t like this in the beginning but it went south very fast. The disrespect for the council is at a new high.”
But Cassilly’s spokesperson said the Bennett ruling highlighted an issue the council should have fixed.
In this case, a county council member who also serves as a deputy sheriff and the sheriff who employs them both ultimately answer to the voters. When statutory text leaves the question open, the ultimate judgment belongs not to this Court, but to the ballot box.
– Judge Jeffrey Geller, in his opinion in Penman v. Harford County
“The appellate court’s ruling in the Penman case is a result of Council President Vincenti’s refusal to clarify the Harford County Charter as the Supreme Court suggested, and as the County Executive requested, nearly two years ago after the ruling in the Bennett case,” Button said in a statement. “Mr. Vincenti chose to cater to public employee unions rather than protect the tax-paying citizens.”
Penman, if ultimately reinstated, would likely be entitled to back pay. The Appellate Court order does not address the pay issue. Penman would likely have to go to court again to secure an additional judicial order. Bennett was eligible for back pay when he was eventually sworn in.
Currently, council members in Harford make slightly more than $52,000. Penman would be in line for more than a year of back pay.
“It’s a discussion my legal team is exploring,” Penman said. “I don’t know what that looks like but I was wrongfully removed, that’s my position.
Case affects 2026 election
After his removal from council in February 2025, Penman was replaced by Alison Imhoff. Now, Imhoff will be removed and Penman reinstated.
In the interim, both Penman and Imhoff filed to run for the seat this year, but Penman eventually withdrew his candidacy when the court did not issue a ruling. Now, it’s too late for the seat.
“I am disappointed in the timeline of how this all transpired,” Penman said. “I filed for re-election but had to withdraw. It just wasn’t conducive to me staying in the race.”
Penman said he is backing Imhoff in the 2026 election.
“I’m really thankful for Alison Imhoff,” Penman said. “She’s done a great job in an impossible situation.”
Guthrie decision remains
The Appellate Court has yet to rule in the case of another council member who was removed, Dion Guthrie.
The Democrat was removed from the council after pleading nolo contendere to felony theft charges in Baltimore County. Guthrie was charged in connection with the theft of funds from International Brotherhood of Electrical Workers, Local 1501, which he led for five decades.
After Guthrie’s Nov. 14 plea, Vincenti announced the seat was vacated “by operation of law” as a result of the plea. A Harford County Circuit Court judge denied Guthrie’s request to be reinstated, sparking Guthrie’s appeal.
In the meantime, Guthrie has filed to run for his old seat. He faces Nolanda Roberts in the Democratic primary. She was picked to fill the vacancy on the council created when Guthrie was removed from office.
Originally published at Marylandmatters.Org