Chatham-Kent responds to court ruling in Jubenville case
The Municipality of Chatham-Kent has issued a response following a court decision that partially sided with Councillor Rhonda Jubenville in her legal challenge over a 2023 pay suspension.
In a statement Thursday, the municipality acknowledged the ruling from Ontario's Divisional Court, which quashed its previous decision to suspend Jubenville's pay and ordered a revised report and penalty recommendation from the Integrity Commissioner.
'This means that the Integrity Commissioner was ordered by the Court to submit a new report with a reconsideration of her recommendation on the appropriate penalty to be applied to Councillor Jubenville,' said Dave Taylor, Director of Legal Services.
'Council is then required to re-consider its decision on the appropriate penalty to apply for the breach of the Code of Conduct.'
As CTV News reported Wednesday, the court upheld one of two findings against Jubenville, ruling it was reasonable to conclude that her social media posts breached rules around discreditable conduct.
But the judge rejected the Integrity Commissioner's interpretation of a second rule — one prohibiting misuse of office — calling that conclusion 'unreasonable.'
Taylor's statement Thursday confirmed the municipality is now awaiting further legal advice before taking additional steps.
'Chatham-Kent is not in a position to provide any further comments about next steps on this matter,' he said.
'Further legal analysis will be required by the external legal counsel that represented Chatham-Kent and the Integrity Commissioner in this matter.'
The legal saga dates back to a 2023 report from then-Integrity Commissioner Mary Ellen Bench, who found Jubenville violated two sections of Chatham-Kent's Code of Conduct and recommended a 90-day pay suspension.
Council adopted that recommendation in August 2023.
Jubenville challenged the decision in court — and celebrated this week's partial win.
'They found that I was predominantly successful, and I was awarded the court costs that I asked for,' she told CTV News on Wednesday.
'So, I would say in a nutshell, that was a win for me.'
The municipality has since appointed a new Integrity Commissioner, with SC Consulting taking on the role in November 2023.
Taylor noted Thursday that Integrity Commissioners are independent figures appointed to investigate complaints under Ontario's Municipal Act.
Council and the public, he added, 'will be provided with further updates as this matter progresses.'
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