A Chatham-Kent councillor has successfully appealed a three-month pay suspension for reportedly violating council’s code of conduct.
Ward 4 Councillor Rhonda Jubenville filed the appeal for judicial review in Divisional Court two years ago in response to council’s decision to suspend her pay for 90 days, the maximum penalty allowed under Ontario’s Municipal Act.
In the court’s ruling released this week, Justice D.L. Edwards found that Jubenville was “predominantly successful” in her appeal and ordered that the municipality award her $20,000. The ruling has also overturned council’s decision.
“I’m reasonably happy with the decision,” said Jubenville. “I don’t like the word ‘vindication’ [but] I feel like justice was served.”
On August 14, 2023, CK Council voted 13-3 in favour of the pay suspension based on a recommendation from Integrity Commissioner Mary Ellen Bench, who had submitted a report detailing an investigation into several complaints about social media posts made by Jubenville. Bench found that Jubenville’s online comments on community matters, other councillors, and social issues had violated the code of conduct.
Justice Edwards’ ruling found that the Integrity Commissioner reasonably showed that Jubenville breached Section 15 of the Code for “discreditable conduct.” However, it was determined that the Integrity Commissioner’s interpretation of Section 10 was “unreasonable”.
In Bench’s report, she concluded that Jubenville breached Second 10 of the Code by continuing to advocate for a position after council reached a contrary decision. Justice Edwards noted that this was not a breach, as that section of the Code of Conduct pertains to improper use of influence of office to obtain a “private advantage.”
Because one part of the Integrity Commissioner report was found to be “unreasonable,” the entire report has been “quashed,” along with the penalties enacted by council.
“What I want people to know is that the day after I was sanctioned… although it was discouraging and disheartening, I maintained that I was going to forge good relationships with my colleagues on council and approach all items before council in an unbiased manner and not let any kind of personal feelings get in the way of what I was elected to do,” said Jubenville. “As far as I’m concerned, I have done that and continue to do that. I will continue to do that.”
While this marks a victory for Jubenville, an amended report can now be submitted by the Integrity Commissioner and reconsidered by council.
“I hope that all of council, including myself, has learned and grown from this, and I’m hopeful we can put it behind us,” said Jubenville. “It could come back, so I’m just being cautiously optimistic.”
According to Eric Labadie, CK’s corporate communications manager, the municipality’s legal team is currently reviewing the court’s decision.
“I know they’re going to want to discuss this, so I’m going to give them their time and space to do that,” said Jubenville. “That’s completely understandable.”
