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Ethics complaint filed against Tyler's newest city council member

A complaint has been filed against Shirley McKellar claiming she failed to file any financial reports before the May 4th Tyler City Council election.

TYLER, Texas — After months of campaigning and a runoff election, Shirley McKellar has secured the Tyler City Council District 3 seat.

RELATED STORIES: ROSE CITY RUNOFF: Shirley McKellar defeats Pamela Phoenix for Tyler City Council District 3 seat

RELATED STORIES: EARLY VOTING: Shirley McKellar leads Pamela Phoenix 109-97 after early voting, mail-in ballot count in Tyler City Council District 3 race

While the campaign might be over, there have been concerns about McKellar's campaign finances.

Former District 6 House of Representatives candidate Neal Katz filed a complaint with the Texas Ethics Commission on Wednesday. 

In the complaint, he states McKellar failed to file any financial reports before the May 4th election.

A campaign finance report details donations, candidate's money that was used, and expenditures.

"As a citizen, I am deeply concerned that someone running for city office willfully violated Texas election law, or even worse, was unaware of the law," Katz said in a press release. "We need responsible people who read and follow laws to govern our community."

According to state law, a candidate must file a campaign finance report 30 days before an election and then again 8 days before. In the case of a runoff, like between McKellar and her opponent Pamela Phoenix, an additional finance report is required 8 days before the runoff election.

In response, McKellar says she did not collect any money before April 24.

"No money was collected for my campaign prior to that date," McKellar said. "The date was April 25 through June 19, according to the legal department. Those dates include the May 4 election."

McKellar filed a finance report on June 21 that details her expenses and money raised between April 25 through June 19. The report states she raised a total of $4,365.

According to the Texas Ethics Commission, a candidate who fails to report in whole or part of campaign contributions could be held liable for damages to each opposing candidate whose name is on the ballot. Damages include twice the amount of money not reported and reasonable attorney's fees incurred in a lawsuit. However, that is only if a complaint is made to the commission for an investigation.

CBS19 has reached out to the Texas Ethics Commission and as of Monday have not heard back.

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