Maryland Supreme Court to hear Jacob Bennett’s case next month

Harford Republicans call for special election to replace him

The Maryland Supreme Court will hear oral arguments April 4 in the lawsuit between Harford County and Jacob Bennett over Bennett’s eligibility to serve on the County Council.

Bennett filed a petition Feb. 28 for his case to be heard by the Maryland Supreme Court. The court granted the petition last Monday. Bennett is currently blocked from serving on the council as the District F representative until the state’s highest court makes a ruling.

A Circuit Court judge ruled Feb. 15 that Bennett, a Democrat, may not be a council member while he’s employed as a Harford County Public Schools teacher, due to a provision of the county charter that states a “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.”

The dispute has focused largely on what type of governmental entity HCPS is. The county has argued it’s either a state or county agency — it hasn’t specified which one — and therefore an HCPS teacher cannot serve on the County Council. Lawyers for the Maryland State Education Association and Harford County Public Schools have said there is no conflict of interest preventing Bennett from serving on the council.

Bennett has argued that the public school system is a separate governmental entity that is neither state nor county.

“No matter what, this court will be the final stop in deciding what a public schoolteacher is,” Bennett said in a statement on his Facebook page.

While Bennett’s seat is currently open, the Harford County Democratic Central Committee is seeking applications for nominees to replace Bennett.

According to the county charter, to fill an open council seat, the central committee of the previous council member’s political party must submit a list of three nominees to the council, one of which it must approve. The selection process must be completed within 60 days of the previous council member’s departure.

Bennett was removed Feb. 15. If the council does not take action within 60 days, Harford County Executive Bob Cassilly will choose a replacement from the central committee’s list.

The Democratic committee is accepting applications until next Monday. It will meet March 28 at the Havre de Grace Police Department to go over the applications and make its nominee selections.

“An ideal candidate will have experience as an elected official or as a candidate. They will be familiar with campaigning, fundraising and organizing,” Harford County Democratic Central Committee Chair Henry Gibbons said in a news release.

Meanwhile, the Republican Central Committee of Harford County posted a letter on its Facebook page Thursday calling for a special election for the District F seat as soon as possible.

In the letter, Harford Republican Central Committee Chair Jessica Blake claims state law allows for a special election and that such an election would “fully re-enfranchise the voters of District F.”

Stephanie Taylor, the election director for the Harford County Board of Elections, said as of Tuesday, she had not been called upon to hold a special election.