A newly inaugurated Harford County Council member who is also a public school teacher was found yesterday by the attorney general's office to be in conflict with the county charter because he holds the two jobs.
Richard C. Slutzky of Aberdeen, a teacher and wrestling coach at Aberdeen High School, was sworn in to represent District E, which includes Churchville and Aberdeen.
But that could change after the advisory by the attorney general's office, which was requested last week by Democratic Del. B. Daniel Riley of Edgewood.
Slutzky, a Republican, said last night that he had known for years about the charter provision. It prohibits council members from holding "any other office of profit of employment in the government of the State of Maryland, Harford County, or any municipality within Harford County."
He had planned to retire at the end of this year from his $65,000 teaching position.
The 39-year teacher said it would be premature for him to discuss the advisory in detail because he had not seen it. But, he said: "I'm going to do whatever's necessary. I'm going to serve on the council. I've been prepared from the beginning to retire as soon as it was required."
He will earn $29,000 in the council position.
The advisory, which does not carry as much legal weight as an opinion, says that Section 207 of the county charter "precludes dual service as a public school teacher and Council member."
The suggested remedies include Slutzky's resignation or his expulsion by the council. Robert A. Zarnoch, counsel to the General Assembly, prepared the advisory.
However, whether teachers are employed by the county or the state is the subject of debate.
Jacqueline Haas, superintendent of public schools, said the public schools are an independent entity. "It's not considered a department of county government," she said.
Paul Schatz, president of the Harford County Education Association, said Slutzky did not appear to be in conflict, according to Maryland State Teachers Association lawyers.
"We made inquiries of our attorneys at MSTA. It was their opinion that Mr. Slutzky, as a teacher, is not specifically a Harford County employee," Schatz said.
"The Harford County public school system is a separate entity from Harford County government," he said.
Slutzky said the perceived conflict is "all based on the contention that public school teachers are county employees - and we are not."
Riley directed questions last night to David Paulson, spokesman for the Maryland Democratic Party. "This is unique. I haven't seen this anywhere else in the state," he said, adding that the council "should expel him ... until he resigns his job, and if he doesn't resign, he should be barred from office."
Calls to Charles Kearney, County Council attorney were not returned last night. Council President Robert S. Wagner could not be reached for comment.
If Slutzky were to be expelled by the County Council, the county's Republican Central Committee would choose a successor.