Circuit Court for Harford County
Case No. C-12-CV-22-000857 IN THE SUPREME COURT
Argued: April 4, 2023
OF MARYLAND*
No. 38
September Term, 2022
______________________________________
JACOB BENNETT
V.
HARFORD COUNTY, MARYLAND
______________________________________
Fader, C.J.,
Watts,
Hotten,
Booth,
Biran,
Gould,
Eaves,
JJ.
Pursuant to the Maryland Uniform Electronic Legal Materials ______________________________________
Act (§§ 10-1601 et seq. of the State Government Article) this
document is authentic.
2023-04-05 09:08-04:00
PER CURIAM ORDER
______________________________________
Filed: April 5, 2023
Gregory Hilton, Clerk
* At the November 8, 2022 general election, the voters of Maryland ratified a constitutional
amendment changing the name of the Court of Appeals of Maryland to the Supreme Court
of Maryland. The name change took effect on December 14, 2022.
*
IN THE
*
JACOB BENNETT SUPREME COURT
*
v. OF MARYLAND
*
HARFORD COUNTY, MARYLAND No. 38
*
September Term, 2022
*
PER CURIAM ORDER
Upon consideration of the filings by Jacob Bennett, the appellant, and Harford
County, Maryland, the appellee, and oral argument conducted on April 4, 2023,
Whereas, Mr. Bennett is a teacher in Harford County Public Schools and is in the
employ of the Harford County Board of Education; and
Whereas, in the 2022 General Election for Harford County Council Members,
Mr. Bennett won election to serve as the Councilmember for District F; and
Whereas, on December 9, 2022, Harford County brought suit in the Circuit Court
for Harford County seeking a declaratory judgment that Mr. Bennett is not qualified to
serve on the Harford County Council while employed as a teacher by the Harford County
Board of Education and an injunction barring him from serving on the Council; and
Whereas, on December 21, 2022, Mr. Bennett answered the County’s complaint,
contending that he is not an employee of the County or of the State, but of the County
Board of Education; and
Whereas, on the same day, Mr. Bennett filed a counter-claim against the County,
seeking injunctive relief enjoining the County from preventing him from being a member
of the County Council, a writ of mandamus requiring the County to onboard him, and
declaratory relief establishing that § 207 of the Harford County Charter does not disqualify
him from serving as a Member of the County Council by virtue of him working for the
County Board of Education as a public school teacher; and
Whereas, Section 207 of the Harford County Charter provides, in relevant part:
“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”; and
Whereas, on February 15, 2023, after a hearing, the circuit court ruled that Section
207 and the doctrine of incompatible positions precluded Mr. Bennett from serving on the
Harford County Council while employed as a teacher by the Harford County Board of
Education. On the same day, the circuit court entered a declaratory judgment and order in
which it: (1) declared that Section 207 “applies to public school teachers employed by the
Harford County Board of Education”; (2) declared that Mr. Bennett, due to his employment
with the Harford County Board of Education, “is not qualified to be a member of the
Harford County Council”; (3) ordered Mr. Bennett to “cure his lack of qualification . . . by
terminating his employment with the Harford County Board of Education”; and
(4) enjoined Mr. Bennett from acting as a member of the Harford County Council “unless
and until he cures his lack of qualification”; and
Whereas, Mr. Bennett noted an appeal from the circuit court’s judgment and
thereafter sought review in this Court by filing a petition for writ of certiorari, which this
Court granted; and
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Whereas, the parties jointly moved for expedited consideration of this matter, which
this Court also granted; and
Whereas, on April 4, 2023, this Court held oral argument,
Now, therefore, for reasons to be stated later in an opinion to be filed, it is this 5th
day of April, 2023, by the Supreme Court of Maryland, a majority of the Court concurring,
ORDERED, that the Declaratory Judgment and Order issued by the Circuit Court
for Harford County on February 15, 2023 is hereby REVERSED; and it is further
ORDERED, that neither Section 207 of the Harford County Charter nor the doctrine
of incompatible positions precludes Mr. Bennett from serving as a member of the Harford
County Council while simultaneously being employed as a teacher by the Harford County
Board of Education; and it is further
ORDERED, that this case is remanded to the Circuit Court for Harford County for
entry of: (1) a declaratory judgment that Mr. Bennett is qualified to serve as a member of
the Harford County Council while simultaneously being employed as a teacher by the
Harford County Board of Education; and (2) any injunctive relief that may be necessary
and appropriate to implement and enforce that declaratory relief; and it is further
ORDERED, that costs are to be paid by Harford County and the mandate is to issue
forthwith.
/s/ Matthew J. Fader
Chief Justice
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