Bennett v. Harford Cty.

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