Jacob Bennett v. Harford County, Maryland

Summary

The Supreme Court of Maryland reversed a circuit court judgment holding that Jacob Bennett could not serve on the Harford County Council while employed as a teacher by the Harford County Board of Education. The Court held that Section 207 of the Harford County Charter and the doctrine of incompatible positions did not preclude his simultaneous employment and council service, and remanded for entry of declaratory and appropriate injunctive relief.

Holdings

1. Neither § 207 of the Harford County Charter nor the doctrine of incompatible positions precludes 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.

Questions Presented

1. Whether Harford County Charter § 207 precludes a public school teacher employed by the Harford County Board of Education from simultaneously serving as a member of the Harford County Council.
2. Whether the doctrine of incompatible positions precludes Bennett from simultaneously serving on the County Council and working as a teacher for the County Board of Education.

Disposition

reversed_and_remanded