As requested, Mary Ellen Bench, the former integrity commissioner (IC) for Chatham-Kent, has updated her report on North Kent Coun. Rhonda Jubenville recently.
It was expected after a judicial review earlier this year “quashed” elements of Bench’s initial 2023 report that Jubenville violated two sections of the code of conduct for Chatham-Kent councillors.
The IC investigation came as a result of which flags should be flown at municipal buildings, and spilled over from council meetings to social media. Bench was contacted, investigated and levied a recommendation for Jubenville to be docked three month’s pay, and receive a reprimand.
Bench said Jubenville violated two sections of council’s code of conduct. However, the judicial review stated the decision to punish for a violation of Section 10, Improper Use of Influence, was unreasonable.
Hence the quashing of the report and the awarding of $20,000 to Jubenville.
The three-judge panel did agree that the councillor had violated Section 15, Discreditable Conduct, for bullying and harassment.
And that is the reason for the resubmission by Bench.
This wasn’t a witch hunt or an attempt by the majority of council to stifle the ability of one councillor to express her opinions, despite how some people out there may seem to think.
Every municipal council in Ontario has a code of conduct. And an IC. It is the IC’s job to review code complaints against a councillor when they are levied, and if that IC determines there is merit in the complaint, he or she will conduct an investigation.
As current IC Suzanne Craig told council recently, anonymous complaints are not investigated. However, when an IC deems it necessary to investigate a code complaint, all complainants are protected and the IC does not release those names.
That is not being selective; that is a matter of provincial policy for municipalities.
Is Jubenville in violation? Bench, a respected IC across the province, believes so. Will council, who last time voted 13-3 to suspend Jubenville’s pay for three months and issue a reprimand, opt to this time issue the reprimand and to dock the councillor two months’ pay (a penalty recommended by Bench)? We’ll see when the matter returns to council.
