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A Harford County teacher will appeal a judge鈥檚 ruling that he can no longer serve on the County Council unless he resigns from his position as a middle school science teacher.
In a judgment entered Wednesday, Harford County Circuit Court Judge Richard S. Bernhardt, Sr. said Jacob Bennett (D) can no longer serve on the county council while he remains employed by the Harford County Public Schools.
The judge also ruled that Bennett was barred from 鈥減erforming any and all functions鈥� as a council member until he 鈥渃ures鈥� his lack of qualification by terminating his employment with the school system.
In an interview, Bennett said he does not intend to resign from his job and will be appealing the judge鈥檚 decision.
He said the locks to his office were changed and access to his council email was cut off within minutes of the judge鈥檚 decision on Wednesday.
The office of Harford County Executive Bob Cassilly (R) said the judge鈥檚 decision made clear that Bennett was 鈥渘ever qualified to serve.鈥�
鈥淚 took an oath to uphold the Harford County Charter, which clearly states that a Council member may not also be employed as a teacher for Harford County Public Schools,鈥� Cassilly said in a statement. 鈥淭oday鈥檚 ruling affirms this fact. This case was never about Mr. Bennett personally, it was about upholding the law.鈥�
The county executive鈥檚 relationship with Bennett has been adversarial since the November election.
In December, Bennett鈥檚 name was not included in an inauguration program and he was not invited to take part in the official county ceremony,聽.
Since the election, Bennett has not been paid a council salary nor has he been given the same supplies and resources as other council members. He also has not been permitted to interview nominees for county Cabinet positions subject to County Council confirmation.
Bennett defeated incumbent Curtis Beulah (R) by 92 votes. Including Bennett, Republicans have a 5-2 advantage on the County Council.
Harford County Attorney Jefferson Blomquist has argued that Bennett cannot serve as a council member because of a聽聽that states council members 鈥渟hall not hold any other office of profit or employment in the government of the State of Maryland, Harford County, or any municipality within Harford County.鈥�
When Bennett pressed his case in court, Blomquist wrote that he was attempting 鈥渁mendment of the Charter by judicial fiat in a manner that destroys the separation of powers.鈥�
But Bennett rejects the executive branch鈥檚 characterization of his employment. He said that while the county鈥檚 budget provides funding for the Board of Education, it鈥檚 a separate entity.
Bennett said in December that he conferred with the state Attorney General鈥檚 Office 鈥渨ho assured us we have every right to be sworn-in and no one can stop us from that.鈥�
He also notes that teachers have served on county councils throughout the state. He listed several examples in a Facebook post:
- Paul Clayton Edwards, a member of the Garrett County Board of Commissioners and an educator in Garrett County Public Schools.
- Lisa Rodvien, a member of the Anne Arundel County Council and an educator in Anne Arundel County Public Schools.
- Jerry Donald, a member of the Frederick County Council and an educator with Frederick County Public Schools.
- David Marks is a member of the Baltimore County Council (on which state employees are not permitted by charter to serve) and is an educator with Howard County Public Schools.
- Dennis Frazier served for 8 years on the Carroll County Board of Commissioners while being an educator with Carroll County Public Schools.
鈥淭his is an extreme ruling and will have a huge statewide ripple effect,鈥� Bennett said, adding that he鈥檚 confident he can prevail in an appeal.
鈥淚 think the public at large has an interest in me serving 鈥� they knew I was a school teacher when they elected me,鈥� he said.
