Nearly a year ago, the Supreme Court of Maryland ruled on the challenge to disqualify Councilman Jacob Bennett and said he was permitted to serve as both a Harford County public school teacher and a member of the Harford County Council. The 34-page decision from the court was clear: Nothing precluded Councilman Bennett from continuing his employment as a public school teacher and serving as a member of the council representing District F. The full written opinion made clear reference to other agencies in a similar situation, including a specific reference to the Harford County Sheriff’s Office.
Now, County Executive Bob Cassilly, apparently seeking political revenge, is using taxpayer dollars to defame the character of Sgt. Aaron Penman and the Harford County Sheriff’s Office by bringing up an issue that has already been decided by the courts. Mr. Penman had retired from his position as a sergeant with the Harford County Sheriff’s Office when he was elected to the County Council, consistent with language in the County Charter, but before the Maryland Supreme Court’s decision in the Bennett case. The court’s ruling made my decision to rehire Sgt. Penman a full six months ago, easy. However, before rehiring him, I conducted a full review of the Maryland Supreme Court written opinion with the Harford County Sheriff’s Office of Legal Affairs and consulted with the Maryland assistant attorney general assigned to represent Maryland sheriffs. Both entities thoroughly reviewed the court’s opinion and advised they saw no legal impediment to the rehiring.
Harford County executive, council member trade accusations on alleged ethics violations
Additionally, Mr. Penman, had the court’s decision reviewed by independent legal counsel and received the same opinion regarding the court’s findings and his potential rehiring by the sheriff’s office. Mr. Penman also requested and received written guidance from the State Ethics Commission and its opinion is clear: He is able to serve as a member of the sheriff’s office. The commission also provided some guidance on how to best keep the two functions separate from one another. This guidance is in no way an impediment to his employment with the sheriff’s office. Mr. Penman’s request to the State Ethics Commission came after the county ethics board had reviewed the Penman rehiring in response to a complaint. That review led the board chairman to acknowledge that the board had no jurisdiction in the matter.
, Mr. Cassilly cannot accept his loss before the Maryland Supreme Court in the Bennett case. Mr. Cassilly has now made an improper and seemingly illegal request for advice from the Harford County Ethics Board concerning Mr. Penman’s simultaneous employment as a sworn member of the sheriff’s office and as a County Council member.
The County’s Ethics Code makes it clear that elected officials can only request opinions related to their own issues or conduct, not those of another elected official. In addition, the request by the executive was sent by the county law department, which is the same law department that provides legal guidance to the county ethics board. The clearly unethical quandary posed by this relationship between the executive, the law department and the county ethics board is likely the reason such matters are not within the board’s purview.
Quite simply, I view this farcical and improper request as yet another unnecessary attack on law enforcement and the sheriff’s office by Mr. Cassilly. That is something I will never allow to go unchallenged on my watch. As a member of the sheriff’s office during his duty hours, Sgt. Penman continues to exemplify the core values of our office and performs these duties separate from his duties as an elected councilman, exactly the same as Mr. Bennett is expected to do in his employment as a teacher with the public school system and as an elected councilman.
Mr. Cassilly and Mr. Penman, in their elected roles, are free to operate in the political realm as each deem it in their constituents’ best interests. As sheriff, public safety is in my constituents’ best interest, and unnecessary and repeated attacks against any member of the sheriff’s office will not go unanswered.
Jeffrey R. Gahler
Gahler, a Republican, has served as Harford County Sheriff since 2014
