Council to vote on recommendation

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One of the messages sent to Bench said the commissioner’s “harassment of Coun. Jubenville” was “disgusting and contemptible.”

Another stated that the “real violence will be incited if this investigation results in her being disciplined or shut down by this finding.”

In her conclusion, Bench has

not prohibited Jubenville from using social media in the future, but she said the first-term councillor should use her social media presence “responsibly” to uphold the values laid out in the code of conduct rules.

“(The) real violence will be incited if this investigation results in her being disciplined or shut down by this finding.”

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Jubenville has repeatedly told media outlets that flag flying is a matter of fairness and that municipal sites should raise all special interest flags or none at all. A response from Toronto lawyer Michael Alexander, who is acting as counsel for Jubenville on the matter, was also included in the report.

Alexander’s letter states that Jubenville’s comments are protected under the Charter of Rights and Freedoms and censuring her is a “violation of the Charter and a betrayal of our democratic way of life, and it would enable the true enemies of freedom – the complainants and their supporters – to take control of public discourse.”

According to Alexander, the IC report’s recommendations will “violate Ms. Jubenville’s right to freedom of expression guaranteed under the Charter of Rights and Freedoms.”

Currently, Chatham-Kent has no official flag flying policy and whatever flag flies is up to the discretion of the mayor’s office. However, a policy is in the works. A motion made by Cha- tham Coun. Marjorie Crew has asked administration to explore the issue and return a report to council this fall.

The matter of Jubenville’s pay suspension is expected to come before council at the Aug. 14 meeting as the first order of business. Council as a whole will vote on the Integrity Commissioner’s recommendations. Jubenville disagreed with the proposed disciplinary action. “The three month suspension of pay is absolutely not fair, nor justified,” she said. “If I actually committed the breaches of conduct that I am accused of, I would humbly concede. That is not the case.”

The commissioner states it is “council’s role to set the policy, direction and vision for the Municipality of Chatham-Kent, and when a member of council does not agree with that direction, that member is expected to accept it.”