The Harford County Board of Ethics released their findings into a complaint that the elected official had conflicts of interests by serving as both a member of the Council and employee of the sheriff's office.
Filed in February 2024 prosecutors made claims of alleged violations of the Harford County Public Ethics Law due to this dual employment, participation in matters involving the sheriff’s office, and the use of non-public information in personal litigation.
It is alleged that Penman lobbied other council members and voted to benefit the sheriff, which had an impact on his salary and career.
"Since September 2023, Mr. Penman has advocated for building a new Central Precinct/Training Academy for the Sheriff’s Office on a property formerly known as the HEAT Center," the Board of Ethics' ruling states.
"(He) advocated to fully fund the Sheriff’s budget, and advocated for pay increases for Harford County employees, which would include (him) and all other employees of the Sheriff’s Office."
According to Section 207 of the Harford County Code, "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."
Penman has vehemently denied any wrongdoing, stating that the government has been weaponized.
"When the complaint is filed by the County Attorney, who advises the Ethics Board, a board made up of County Executive appointees that ignore the code procedures, everyone should be concerned," a spokesperson for the Councilman said on Thursday afternoon.
"This is a classic case of the County Executive Branch playing Judge, Jury, and Executioner. As Dr. Martin Luther King said, injustice anywhere is a threat to justice everywhere.'"
While the Board did not find sufficient evidence to conclude that Penman intentionally used his office for personal gain in litigation, they determined that his actions in other areas violated ethics laws.
As part of the order, Penman has until the end of day on Friday, Feb. 14 to enter into a "Non-Participation Agreement," and he must terminate his employment with the sheriff's office by Tuesday, Feb. 18, which must be certified by the Board of Ethics.
According to the Board, under the agreement, while Penman continues to serve as a District B council member, he is not permitted to "participate in the discussion deliberation, or vote on:
Any budget amendments concerning wages or benefits for employees of the sheriff's office;
- Any capital project affecting or involving the sheriff's office;
- Any legislative matters affecting or involving the sheriff's office without first receiving advice and permission from the Board;
- Any other law enforcement matter affecting or involving the sheriff's office to be determined.
"The Board recognizes that Penman was elected by the residents to represent their interests and is mindful that those elected to public office should not be unnecessarily constrained in their ability to carry out their official duties," officials wrote.
"The Board is also mindful that there are 'few issues more important than the public's confidence in government officials.'"
Penman added that "the opinion that I committed an ethics violation is just false.
"Our elected officials should always advocate for public safety, education, and fiscal responsibility, regardless of whether they are teachers or cops," he added.
"If we start removing elected officials because they are connected or have direct family members in government, well, we wouldn’t have any qualified citizens to hold public office.
"I take my oath very seriously, and in areas where I truly have a conflict or an interest, I have and will continue to, separate or recuse myself."
Penman was elected in 2022 as the representative for District B, serving Joppa, Abingdon, Bel Air, Fallston, and Forest Hill.
He previously separated himself from the sheri's office, but was later rehired in 2023.
"Acting in accordance with the Maryland Supreme Court’s decision, I am pleased to announce the rehiring of Penman rehired effective the beginning of the next pay period at his previous rank of Sergeant," Sheriff Jeff Gahler said in a statement.
"As his separation has only been for 11 months, Penman is eligible for reinstatement as a certified police officer by the Maryland Police Training Commission and remains certified as a polygraph examiner."
The complete ruling can be found here.
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