Huntington Beach’s Friends of the Library volunteer group could soon face an investigation from state regulators after city council members unanimously agreed to report them for allegedly violating rules around donating to political campaigns. 

It comes as the city council and the nonprofit disagree on Surf City’s move to institute a book review committee to limit what kinds of books go into the children’s section, a policy voters will decide on in a special election next month. 

Now, city council members are asking Mayor Pat Burns to file complaints with either the IRS, the state’s Fair Political Practices Commission or both to investigate the donations. 

Martha Elliott, president of the Friends of the Huntington Beach Public Library, called the allegations a “political stunt” and said they looked forward to answering any questions from the IRS or FPPC in a Wednesday afternoon statement. 

“Last night’s statements by the City Council are uninformed, misleading, and false,” Elliott wrote. “Despite the City Council’s antics, Friends remains committed to supporting our Library.” 

As a 501c3 nonprofit, Friends of the Library is prohibited from engaging in many political activities under rules enforced by the IRS. 

“A section 501(c) (3) organization may not make a contribution to a political organization described in section 527 (such as a candidate committee, political party committee or political action committee (PAC)),” reads the IRS website. 

However, they are allowed to donate to committees specifically set up to support or oppose ballot measures, like the ones Surf City voters are set to consider next month on the public library. 

“A section 501(c)(3) organization may make a contribution to a ballot measure committee (committees supporting or opposing ballot initiatives or referenda), but it must include such contributions in its lobbying calculations,” reads another page of the website. 

Between Measures A and B, residents are set to weigh in on a series of issues at the library including the creation of a book review committee, the library’s existing restricted section and whether or not city leaders can look to outsource the library’s operations. 

Last year, Friends of the Library donated over $23,000 to a political action committee dubbed Citizens for Good Governance. 

This year, Citizens for Good Governance also sent $10,000 to a committee named “Our Library Matters, Vote Yes on A&B, sponsored by Friends of the Huntington Beach Public Library.”

City leaders also raised concerns that the spending could’ve violated the state rules around improperly coordinating between different political action committees and hiding where the money came from. 

Mayor Pat Burns, who suggested the city ask for a review of the spending, said at Tuesday night’s city council meeting he’s not sure if they broke the law, but he wants someone to double check. 

“I always feared putting somebody in jail that was truly innocent,” Burns said, referencing his career with the Long Beach Police Department. “If they’ve done something wrong, well they’ll have to answer, but if they’re innocent I’d like to prove that.”

Councilman Chad Williams, head of the political action committee spending against Measures A and B, said the issue has to be looked at because of how much work the nonprofit does with the city. 

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“They are not part of the public library,” Williams said. “We are completely in the dark.” 

But Williams could be facing his own questions on political spending in the city. 

Ocean View School Board Member Gina Clayton-Tarvin, who successfully sued the city for the release of their settlement with the Pacific Airshow, said Williams is improperly running two separate political action committees.

During Tuesday’s city council meeting, Clayton-Tarvin pointed to a section of the city’s code, which states that, “a City candidate or an elective City officer shall have no more than one campaign committee.”  

In addition to running the No on A and B committee, Williams also has his own fundraising committee for city council that he’s raised over $300,000 through. 

“This is a gross violation of Huntington Beach municipal code,” Clayton-Tarvin said. “City clerk, I call on you to investigate this misconduct.” 

In a statement Wednesday evening, Williams denied Clayton-Tarvin’s claims, saying the city code was aimed at preventing elected officials from holding multiple personal campaign committees. 

“The law limits a candidate to one candidate-controlled committee for election to office,” Williams wrote. “Not one total committee of any kind.” 

Noah Biesiada is a Voice of OC reporter and corps member with Report for America, a GroundTruth initiative. Contact him at nbiesiada@voiceofoc.org.