Stand Up for Santa Clara has answered the City’s request to explain its failure to report political spending. Stand Up for Santa Clara official Dana Caldwell wrote the City on Nov. 1 and claimed, “Stand Up for Santa Clara was incorporated as a 501(c)3 in 2022.”
Despite its insistence on its 501(c)3 status, Stand Up for Santa Clara has offered no actual proof of its claim. The group has not produced an IRS Determination letter — the only authoritative proof of tax-exempt status. [IRS-determination-letter SAMPLE] Nor has it offered a filed application for 501 tax-exempt status — IRS forms 1023 and 1024.
A search of the IRS’ Exempt Organization Search (as of Nov. 17) returns “Your search did not return any results.” Nor does a search for tax returns (Form 990). This has been the case since 2022, when Stand Up for Santa Clara began claiming tax-exempt status. Currently, 501(c)3 applications are backed up about six months, per the IRS website. Likewise, the group doesn’t appear on the California Registry of Charitable Trusts: an IRS Designation letter is required to start.
All Stand Up for Santa Clara has offered is its California corporation registration, a form they filled out themselves.
In his response to the City, Caldwell further wrote that Stand Up for Santa Clara’s spending for political ads on Facebook wasn’t political. “… numerous examples in the complaint demonstrate we have followed our mission and the law by educating the public on important local issues like the Santa Clara County civil grand jury report and the 49ers stadium debt. None of our communication supports or opposes a candidate or ballot measure.”
A review of Stand Up for Santa Clara’s “educational” posts tells a different story. They have included a “get out of jail free” monopoly card with late mayor Patricia Mahan’s picture on it, council members pictured with demon horns and a campaign to oppose changing the city charter to appoint the city clerk and police chief. The group operates a series of websites, including SaveOurSantaClara.com, which campaigned to recall three city council members.
“The City is still assessing next steps in conjunction with the associated complaint that was filed with the FPPC,” City Clerk Hosam Haggag told The Weekly.
Stand Up’s Link to Related Lobbyist Jude Barry
Related lobbyist and Mayor Lisa Gillmor political advisor, Jude Barry, played a role in creating Stand Up for Santa Clara.
Barry advised Stand Up for Santa Clara when it first appeared in 2016, promoting a Move On petition about the Santa Clara Youth Soccer Park, and through the group’s evolution into a reliable megaphone for Mayor Lisa Gillmor and her political allies. Also in 2016, Barry advised Robert Haugh in starting his Gillmor-allied blog and has advised the Santa Clara police union PAC – as well as selling them software – and conducted push polls for the PAC.
Previously, Barry was a political advisor to San José Mayor Ron Gonzalez and part of San José Mayor Sam Liccardo’s “kitchen cabinet,” advised Steve Westley’s failed gubernatorial campaign, and was a 49ers lobbyist for Measure J — the 2010 ballot measure that paved the way to build Levi’s Stadium.
In 2018, he conducted townhalls to test the potential persuasiveness of different ballot statements for a parcel tax that would finance a $250 million rebuild of the International Swim Center on the Northside. Barry has been a lobbyist for Related since 2012.
The City hired a Barry business partner, Steve Churchwell, to defend the City in the 2018 California Voting Rights Act (CVRA) lawsuit, despite Churchwell having no experience in CVRA litigation. The losing litigation cost the city $6 million, including the $1 million it paid to Churchill’s firm.
We have asked Barry if he is currently involved in Stand Up or Santa Clara politics but didn’t receive a reply as of deadline. We will update this story if we get additional information.
