Leander Ethics Commission moves complaint against councilman to final hearing

"The state will do what they will do, but I'm trying to figure out did you act as a private citizen when you accepted being treasurer," Commissioner Vic Villarreal said. "This is a philosophical thing. There are lines to where you give up rights as a citizen because you took an oath of office. But as a Leander council member, you have no authority beyond this chamber."

Commission Chairman Richard Shirley argued that the oath of office for council members includes a promise to uphold the laws of the city and state. He said the commission's purpose is to determine whether the Leander ethics code—not state law—has been broken and, if needed, make recommendations for sanction to City Council.

"This could establish a precedent that says if a City Council member goes home, they can do whatever they want despite the oath they take to uphold the laws of the city and state," Shirley said. "I'm not making a determination at this time. I'm simply saying I need to have a better understanding of this."

The Texas Ethics Commission is concurrently investigating Dishongh on similar charges filed by Frame, according to documents obtained May 10 by Community Impact Newspaper. Members of the TEC are not allowed to comment on cases, but Frame said it could take about three months for the state organization to hold a hearing.

The Leander Ethics Commission must schedule a full hearing date within 30 days of the May 14 preliminary hearing, during which both Frame and Dishongh may present physical evidence, witness testimony and personal narratives.