A rookie Chatham-Kent councillor could be slapped with a three-month pay suspension after an integrity commissioner found she breached council’s code of conduct.
Integrity Commissioner Mary Ellen Bench recently released a report that detailed an investigation into several complaints from local residents and council members, regarding social media posts made by Ward 4 Councillor Rhonda Jubenville.
In the 47-page report, Bench said Jubenville used her influence of office and position as a public official to improperly voice comments about community matters, other councillors, and social issues in the community. She added that Jubenville has failed to “uphold the high standard of ethical behaviour of a public official.”
“When a member of council chooses to post comments on social media that are critical of other members of council or that intimidate and bully others, that member is in breach of the ethical framework set out in the Council Code of Conduct,” Bench stated.
The integrity commissioner’s investigation was launched in April, around the time Jubenville brought forward an unsuccessful motion to council, asking that only municipal, provincial and federal flags be raised at municipal properties.
While discussion about the motion was before council and after it was defeated, Jubenville posted several comments on Facebook that were later brought to the attention of the integrity commissioner.
Bench pointed to one post where Jubenville referenced a CBC article entitled, “Ontario township votes to exclude Pride flags on municipal property,” regarding a council decision in Norwich Township.
“I wish CK Council felt the same. I know from the support, prayers, emails, messages and phone calls, Chatham-Kent wanted to only fly government flags. Good for Norwich! Makes sense to me,” Jubenville said in her post.
Complaints were also sent to the integrity commissioner regarding a Facebook post made by Jubenville in May, which included a photo of the school property, where the Canadian Flag and Pride Flag were being flown together.
“Just an FYI to all residents who live in Blenheim and surrounding area. At this moment there is a second flag [Pride flag] flying under our Canadian Flag [Canadian Flag emoji]. This is not accepted practice. If you feel empassioned about this please respectfully let Blenheim High School know your feelings. It doesn’t matter which flag it is, it’s wrong. All respect is being cast aside to feed a narrative.”
While not mentioned in the integrity commissioner’s report, CKXS News confirmed with police that within a day of the post, multiple threats were made toward Blenheim District High School regarding its decision to fly the Pride flag.
Upon Bench’s suggestion, Jubenville has agreed to remove certain posts from her social media, however, several were not.
“In my discussions with Councillor Jubenville, she has noted the number of followers she has on social media, at least twice,” Bench said in the report. “I believe that Councillor Jubenville was aware of the power she wields through her use of social media, and the influence she has on her supporters.”
Bench said those who have issued complaints against Jubenville have also expressed fear of reprisal from the councillor’s supporters.
Jubenville’s lawyer, Michael Alexander, said he believes the report violates the councillor’s right to Freedom of Expression, protected by the Charter of Rights and Freedoms
“Expression cannot be limited because some people find it controversial, offensive or inflammatory. And yet, this would appear to be the rationale for investigating Ms. Jubenville and exposing her to a reprimand or penalty,” Alexander said in a correspondence with the integrity commissioner.
Finding that Jubenville has breached Council’s Code of Conduct, the report recommends suspending her pay for three months, which is the maximum penalty allowed.
Bench said Jubenville will be permitted to continue using “her social media presence to express her views and opinions, as long as she does so in a manner that is responsible and upholds the values set out in the Council Code of Conduct.”
Council will make a decision on the report and its recommendations at a future meeting. The report can be read in its entirety by clicking here.