ANNAPOLIS, Md. — The Supreme Court of Maryland overturned a judge in Harford County who previously ruled a council member couldn't serve in office while actively working as a public school 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 argued 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."
The judge in Harford County disagreed and ordered Bennett to step down as a teacher if he wanted to occupy a council seat.
MORE: Judge rules Harford County councilman can't serve while actively working as teacher
Bennett appealed to the Maryland Supreme Court who on Wednesday ruled in his favor.
Following the decision Bennett took to Facebook to thank his supporters.
Harford County Executive Bob Cassilly issued this statement in response.
“I respect the Court’s decision in this matter and look forward to working with Councilman Bennett to fulfill the duties of his office.”
