Chatham-Kent's Integrity Commissioner has found Ward 4 Councillor Rhonda Jubenville breached Council's Code of Conduct when she made social media posts to intimidate and bully her critics in order to silence them regarding flag raisings.
As a result, Integrity Commissioner Mary Ellen Bench is recommending that Councillor Jubenville's pay be suspended for three months. The basic salary for a Chatham-Kent councillor is $37,000 a year.
Bench started to investigate in April 2023 after "many" public complaints were received about Jubenville's views on flying flags on municipal property when the group called Life in Motion, described as the educational arm of Right to Life Kent, was denied its request to raise a flag.
Councillor Jubenville then brought an unsuccessful motion to Council on April 24, 2023 asking that only Canadian, Ontario, and Chatham-Kent flags be raised on municipal property.
Bench said all members of council are expected to accept a final decision of council even though they don't agree with it.
Integrity Commissioner Bench said that Jubenville identified many people in her posts, including members of council who disagreed with her and posted misinformation about the rules to fly a flag on school board property after Blenheim High School flew a Pride flag under the Canadian flag.
Some of the complaints were very specific, saying Jubenville was actively campaigning against members of the community, specifically the LGBTQ+ community, and youth at Blenheim District High School and was creating a toxic work environment by attempting to influence staff members and by calling out and criticizing her fellow councillors in public.
One complainant even requested that her complaint be withdrawn because they feared what Jubenville's supporters would do and say if the councillor was reprimanded.
"I find that Councillor Jubenville used the influence of her office to promote causes that were important to her and in doing so failed to uphold the high standard of ethical behaviour of a public official that all members of council are required to uphold under the Council Code of Conduct," wrote Bench in her report. "By virtue of being an elected official Councillor Jubenville has significant influence in the community. She took an oath of office to exercise the office faithfully and impartially, that she was elected to, to the best of her knowledge and ability. Councillor Jubenville has an obligation to uphold the ethical values contained in the Council Code of Conduct."
Jubenville disagrees with the report, saying it infringes on her Charter of Rights and is filled with half-truths, untruths and subjective opinions.
"A few outspoken people (the complainants) have sought out an avenue to call me to task for views they find unacceptable or don’t agree with. The potential that one of the unnamed complainants could be a colleague who will vote on the outcome, proves how flawed and undemocratic this process is. Sadly, we now live in a society where different political views and world views are not tolerated or respected," Jubenville said.
She also said the three month suspension of pay is "absolutely not fair, nor justified."
"If I actually committed the breaches of conduct that I am accused of, I would humbly concede. That is not the case. In the end, no matter how my colleagues on Council vote, either for or against the report, I will continue to serve the good people of Chatham-Kent both in Council Chambers and throughout the Municipality," she said.
Integrity Commissioner Bench also noted she started getting emails and phone calls from Jubenville supporters once word spread that an investigation was underway.
One called it a witch hunt, another said people can no longer have opposing views on gay pride flags or anything to do with gay issues without being threatened, and one even went as far as saying “the real violence will be incited if this investigation results in her [Jubenville] being disciplined or "shut down" by this finding and her fellow councillors."
Councillor Jubenville's lawyer has asked Bench to identify all complainants, but she will not, given the potential for "reprisal" to the complainants.
Jubenville's lawyer also expressed concern that the report violates his client's right to Freedom of Expression protected by the Charter of Rights.
"The fact that Ms. Jubenville may have singled out other council members for criticism cannot serve as the basis for shutting down her right to freedom of expression. Council members are public officials, and, as such, are subject to scrutiny and accountability by everyone. If they are too sensitive to participate in the hurly burly of public life, they should step down and find low-profile jobs where they can live and work in privacy," wrote Chatham-Kent native and Toronto lawyer Michael Alexander.
The Integrity Commissioner said Councillor Jubenville is not prohibited from using her social media presence to express her views and opinions going forward, 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 at a future meeting.
The maximum penalty is 90 days suspension of pay and no councillor may lose their elected position or suffer civil or criminal liability because of an integrity commissioner’s report.