A Chatham-Kent councillor who was found to have breached CK Council's Code of Conduct will have her pay suspended for 90 days.
That is the maximum penalty under the Municipal Act for breaching the Code of Conduct.
Council members voted 13-3 in favour of the recommendation from Integrity Commissioner Mary Ellen Bench to suspend North Kent Councillor Rhonda Jubenville's pay for three months after Bench found Jubenville used social media posts to intimidate and bully her critics in order to silence them regarding flag raisings.
Dozens of people showed up to fill CK council chambers, but no deputations were allowed on the issue at Monday night's meeting as per Chatham-Kent's procedure by-law governing the calling, place and proceedings of meetings -- specifically regarding Integrity Commissioner reports.
The only person outside of Chatham-Kent council and the Integrity Commissioner who was allowed to address the issue at the meeting Monday night was Jubenville's legal counsel, lawyer Michael Alexander.
Monday night's vote followed about an hour of discussion including comments from Jubenville's legal counsel, the integrity commissioner, and Chatham-Kent councillors.
Councillor Marjorie Crew opened the discussion by making a motion to follow the Integrity Commissioner's recommendations.
"I thought about this long and hard and this was not easy and at first I thought three months is pretty harsh," said Crew. "But then after listening to the interviews, the podcasts, reviewing the report over and over, I realized there was no acknowledgement or self-awareness about the harm that has been caused through this -- the harm that is caused by words and actions from councillor Jubenville."
Councillors Brock McGregor, Amy Finn, Carmen McGregor, Trevor Thompson, and Aaron Hall, all spoke in favour of the recommendations put forward by the Integrity Commissioner.
The three council members who voted against the motion also voiced their concerns openly before the vote was called.
Councillor Michael Bondy was the first to voice his opposition to the Integrity Commissioner's recommendations. One of his biggest issues with the findings was that the complainants referenced in the report were not publicly named. That was also one of the points of contention raised by Jubenville's legal counsel.
"I have to disagree that the accusers cannot be identified -- I think this is patently wrong," said Bondy.
Bench responded to those concerns in her opening statements by citing concerns of her own for the safety of the complainants if she was to publicly name them.
"Given comments that were directed to me personally through emails as well as telephone calls, some of which I have quoted in my report, I have to be honest and tell you today that I was concerned enough about my own safety that I asked for police to be present at tonight's meeting," said Bench.
Councillor Ryan Doyle also challenged Bench on her report, questioning why some of the attachments were included.
Bench responded by saying that information is included in her report.
A common theme among the three councillors who opposed Crew's motion Monday night was the severity of the punishment.
That was the main focus of Councillor Lauren Anderson's verbal opposition to the motion, noting this is the first investigation of Councillor Jubenville, it's also Jubenville's first term, and this is the first time something like this is being brought to this council.
Bench responded to Anderson's comments, citing "a number of factors" for her recommending the maximum penalty against Jubenville.
"The number of complainants, the concerns that they raised, the genuine fear that people in the community had as a result of this issue has certainly created a divide that will need some time to heal around this table and in the community," said Bench. "The fact that I have addressed [social media policy] in front of council a number of times... it's not the first complaint I have received regarding Councillor Jubenville... and the impact of the comments needed a strong message to be sent."
After hearing Bench's response, Anderson still disagreed with the recommended penalty, noting that if Councillor Jubenville knew who the complainants were, it might have been possible for her to direct an apology to specific people instead of suspending her pay with the maximum fine allowed under the Municipal Act.
As per councillor Crew's successful motion, Jubenville's pay will be suspended for 90 days as of September 1, 2023.
Suspending a Chatham-Kent councillor’s pay for a 90-day period comes out to about $8,500.
The Integrity Commissioner's investigation has already cost taxpayers $13,300 so far, but that price tag is also expected to increase as more expenses are filed.
