Updated: Texas Ethics Commission investigating Leander City Council member

Dishongh said the contributions were not deposited until April 24 and therefore were not accepted prior to his appointment. He said he plans to provide documentation to the TEC that supports his defense.

According to election code, the person who accepts a political contribution before a treasurer is appointed can be charged with a Class A Misdemeanor and is liable for three times the amount collected.

Posted 6 a.m. CST May 2, 2013

The Texas Ethics Commission is investigating a complaint that accuses Leander City Councilman Jason Dishongh of missing a campaign paperwork filing deadline.

The complaint was filed April 23 by former Leander volunteer firefighter Braden Frame.

On March 12, Dishongh was appointed treasurer of Leander Taxpayers for Responsible Government, a special-purpose political action committee campaigning against the Leander firefighter's civil service provision. By law, a PAC's financial report is due 30 days before an election, which this year is May 11. Documents show the paperwork was received by the city secretary one week late, on April 18.

"The most important thing to me is the people who are trying to run the city can't follow ethical rules that are written in black and white," Frame said.

Dishongh—who is running uncontested in the May 11 election to retain his Place 5 seat on City Council—said he acknowledges filing the PAC's financial report after the deadline, calling the mistake a personal error.

"It was supposed to be turned in 30 days prior to May 11, and it was turned in April 18," he said. "I understand and take responsibility for missing that deadline."

Among other laws, the TEC is responsible for administering and enforcing the state election code, which includes dealings with PAC contributions, expenditures and political advertising.

TEC general counsel Tim Sorrells said the investigation process could take weeks or months but otherwise did not comment on the case.

"The commission is a civil jurisdiction," Sorrells said. "Most statutes also have [a] criminal penalty attached, which would have to be pursued through a county attorney's office."

Failing to file a PAC financial report on time carries a civil penalty of up to $500 and is considered a Class C misdemeanor.

In a letter dated April 30, the TEC also responded to Frame's complaints that members of the PAC accepted contributions prior to appointing a treasurer. The TEC is not investigating that claim because more than one person was named in the complaint and therefore the complaint was unclear as to who the allegations were against, according to a TEC response letter acquired May 1 by Community Impact Newspaper.

Dishongh would not be required to step down from City Council if the TEC rules he committed ethics violations, City Manager Kent Cagle said.

Documents also show Frame filed a complaint April 29 with the Leander Ethics Commission, which oversees city staff and council members. A hearing has been set for 7 p.m. May 14 at Pay Bryson Municipal Hall, 200 W. Willis St., Leander.

Dishongh said that as treasurer of the PAC he was acting as a Leander resident and not a councilman, and therefore he believes the commission will likely dismiss the charges.

Updated 4:33 p.m. CST May 2, 2013