Council Rejects Integrity Commissioner’s Recommendation to Suspend Councillor’s Pay

JASON SETNYK
Council Rejects Integrity Commissioner’s Recommendation to Suspend Councillor’s Pay
Councillor Carilyne Hébert at the August 13, 2024 meeting. (Photo : Jason Setnyk photo)

In a tense Cornwall City Council meeting on August 13, 2024, Integrity Commissioner Tony Fleming presented his findings regarding a complaint against Councillor Carilyne Hébert. The report, stemming from a January 30, 2024, complaint, accused Hébert of multiple breaches of the Municipal Conflict of Interest Act (MCIA) related to her role as Executive Director of the Social Development Council (SDC). Despite Fleming’s recommendation that Hébert’s pay be suspended for 90 days, council ultimately voted 10-1 to reject the suspension.

Fleming, who attended the meeting virtually, outlined four key findings in his report. He stated, “The member was in communication with approximately 20 organizations in the city, requesting letters of support for the SDC’s funding request. Our finding is that this was a breach of the code of conduct. The purpose of those letters was to influence the vote, which is a violation under Section 5(1)(c) of the MCIA.”

Additionally, Fleming highlighted other breaches, including Hébert’s perceived attempt to communicate with council through text messages during a meeting, her involvement in preparing a presentation for the SDC, and a comment she allegedly made to another council member, suggesting that she would lose her job if the funding was not approved.

Hébert, who addressed the council with visible emotion, defended her actions, emphasizing her commitment to the community. “It was never my intention to undermine the trust that my colleagues or the people of Cornwall have placed in me,” she said. “I now understand how my actions might be perceived as an attempt to influence the vote, and I apologize for any misunderstanding.”

Councillor Todd Bennett, who sits on the board of the SDC, voiced his frustration over the situation. “I have a hard time questioning Councillor Hébert’s integrity. She has always declared a conflict of interest in every situation where there might even be a remote connection to the SDC,” he said. Bennett also admitted that it was he who suggested sending the letters of support to council, believing it to be a more effective way of communicating the SDC’s value.

Councillor Elaine MacDonald also came to Hébert’s defense, highlighting the challenges faced by small nonprofit organizations. “She wasn’t asking for money; she was asking for testimonials about the value to the community of the SDC,” MacDonald said. “She made a mistake, she has apologized, and she has affirmed that she will never do that again. Do we need to punish her further?”

However, not all council members agreed. Councillor Dean Hollingsworth expressed concern over setting a precedent where councilors could violate the code of conduct with only an apology as a consequence. “The rules are in place for a reason,” Hollingsworth argued. “If we just say an apology is good enough, it sends the wrong message to the public.”

In response to Councillor Hollingsworth’s concerns, Councillor Elaine MacDonald countered by emphasizing the importance of context and intent. “This isn’t about ignoring the rules; it’s about recognizing that mistakes can happen, especially in complex situations like this,” MacDonald argued. “Councillor Hébert has acknowledged her error, apologized sincerely, and committed to ensuring it won’t happen again. Punishment should fit the intent, and in this case, an apology is sufficient.”

After a lengthy discussion, council voted 10-1 to receive the Integrity Commissioner’s report and direct the Office of the City Clerk to post it on the City’s website. However, they overwhelmingly rejected the recommendation to suspend Hébert’s pay, with only one councilor voting in favor of the suspension.

Mayor Justin Towndale, who voted with the majority, acknowledged the complexity of the situation. “I don’t think Councillor Hébert sought out to gain personally from this. I believe her apology is sincere, and I accept that,” he concluded.

Councillor Carilyne Hébert reassured the council and the public that all legal costs associated with the matter were paid out of her own pocket, not by the municipality, underscoring her commitment to taking full responsibility for her actions.

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