BEL AIR, Md. — A Harford County Circuit Court judge has ruled a newly elected council member can not serve in office while also actively working as a teacher.
In December voters elected Jacob Bennett, a Democrat, to represent District F on the Harford County Council.
Many objected to Bennett's election citing section 207 of the Harford County Charter, which states the following:
A Council member shall have been a resident and a qualified voter of the County for at least two years immediately preceding election or appointment. At the time of election or appointment, the candidate shall be a resident of the Council district from which elected or appointed. During the term of office, the Council member shall 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, except a position held by virtue of being a Council member. The Council member shall not, during the whole term for which elected or appointed, be eligible for appointment to any County office or position carrying compensation, except to the office of Council member or County Executive in the event of a vacancy.
That argument prompted a lawsuit and also led to Bennett not being invited to the County's Inauguration and swearing-in ceremony for newly elected officials.
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Bennett argues a teacher is not a government employee.
"The Board of Education is a separate public corporate body that is not a member of Harford County government or Maryland State Government," Bennett said back in December following his election win. "My supervisor at the top is the Board of Education, not the governor, not the county executive."
In a Facebook post Bennett reacted to the judge's ruling stating he plans to appeal.
"It is shocking to hear the judge rule not just that he views me as a county employee and potentially also a state employee, but also that there is an inherent incompatibility of office by being a school teacher in the county I serve," Bennett wrote.
While running for office Bennett acknowledged his position as a teacher could be a point of contention.
But he says other similar cases in the state have arisen in the past.
He named five other people throughout Maryland that currently serve or have served on their respective county council while also teaching.
MORE: Meeting held to determine if Harford Co. council member can work as teacher
Bennett claims this latest ruling could cause a lasting "ripple effect."
"It is our hope that the Supreme Court of Maryland recognizes the faults in this ruling and will recognize that school teachers are neither employees of the county or state government, but rather a separate body governed by the board of education."
