Santa Clara Councilmembers file ethics complaint against group they say has ties to Mayor Lisa Gillmor

Three Santa Clara councilmembers have filed several ethics complaints against Stand Up For Santa Clara — a self-proclaimed “grass-roots watchdog organization” that they claim is connected to Mayor Lisa Gillmor.

Vice Mayor Kevin Park and Councilmembers Anthony Becker and Suds Jain recently filed complaints with the city and the California Fair Political Practices Commission — the state ethics body — claiming the group is a “political operation” and has failed to be transparent with its political spending or advertisements. The trio also filed a complaint with the IRS, questioning its non-profit status.

The mayor told the Mercury News that the complaint is “completely frivolous” and that she’s never had a role with Stand Up For Santa Clara — a group that she called a “grassroots organization that sincerely cares about Santa Clara.”

“These accusations are made by councilmembers who are trying to deflect what’s really happening about how they are continuing to help the 49ers at the expense of the city,” Gillmor said.

Stand Up For Santa Clara was founded in 2015 by residents Burt and Vickie Field, Tino Silva and Steve Robertson, who according to its website, became “community activists” in the midst of a battle over the youth soccer park adjacent to Levi’s Stadium.

But over the years, its become a political advocacy group that may not be abiding by local and state laws, the councilmembers asserted in their complaints.

Becker said he’s been investigating the group since last year when he challenged Gillmor’s mayoral re-election bid. While he went though a “very tedious process” to get his ads approved on Facebook, he told the Mercury News that Stand Up For Santa Clara hasn’t faced the same scrutiny.

“It’s hypocritical for Stand Up For Santa Clara to talk about transparency when they lack the most transparency,” he said.

In 2018, the council passed a dark money ordinance requiring anyone donating $100 or more to an organization that spends money to influence city elections to register with the city. California also has its own slate of rules requiring candidates, committees and major donors to disclose election spending.

During the 2022 election cycle, Stand Up For Santa Clara spent more than $7,000 on Facebook ads opposing candidates who didn’t support Gillmor, according to the complaints. However, the councilmembers said that none of the ads had a state-mandated FPPC number on them and the group didn’t file any reports disclosing where the money came from.

In a Sept. 10 letter to the city, the three councilmembers asked for an investigation into whether the group violated the dark money ordinance, and noted that the trio is “held to very high standards” when it comes to transparency during elections.

“We submit our paperwork, obtain FPPC numbers, disclose who contributes to our campaigns, as well as how and where the money is spent,” they said. “For both us candidates and other organizations, there are checks and balances. In this instance, Stand Up For Santa Clara’s activities are not subject to checks and balances, accountability or transparency.”

In the complaints, the councilmembers also alleged that the group’s mailing address has ties to the mayor. Stand Up For Santa Clara’s mailing address is 1202 Franklin Mall, according to screenshots from an email newsletter appended to the complaints. Park, Becker and Jain said they sent a piece of mail to that address but it was returned with a note from the U.S. Postal Service saying the address didn’t exist.

“The lack of address is like the Harry Potter platform at 9 ¾ at King’s Cross Station,” Becker said, referring to the magical station that transported students to Hogwarts in J.K. Rowling’s best-selling series.

The councilmembers said Gillmor owns the building and operates her real estate company out of 1201 and 1203 Franklin Mall.

“When issues are addressed close to Mayor Gillmor’s office at Franklin Mall during City Council meetings, she recuses herself from the discussion, citing the fact that she owns the land and has a company nearby as the reason,” the complaints said.

As for the address mixup, Gillmor said that people frequently confuse the Franklin Mall business addresses with the Franklin Mall Post Office, which is next door.

Burt Field told the Mercury News that’s exactly what happened and the website was put together by volunteers who “simply mistyped” the address. While he was one of the founders of the organization, he said he stepped down from his leadership role in the last year to focus on other things.

“Stand Up is a grassroots organization that doesn’t want Santa Clara run by an NFL football team,” he said. “We do not engage in political advocacy but we think it’s important to educate the residents about how the 49ers have elected and control a majority of the city council.”

In a letter to the IRS, the councilmembers said that while Stand Up For Santa Clara identifies itself on its website as a 501(c)(3) nonprofit, a search for any documentation of its nonprofit status on the IRS website turns up empty. Nonprofits are also barred form participating in political campaigns — another strike against the group, the councilmembers said.

The city could not be reached for comment about how they would handle the complaint, but FPPC spokesperson Jay Wierenga confirmed the agency had received the complaint and that it would take 14 days to determine whether an investigation would be opened.