Re: FPPC File No. 15/15 7; Elizabeth Martin Dear Complainants: This letter is in response to the sworn complaints you submitted to the Enforcement Division of the Fair Political Practices Commission regarding the above-named individual After review of this matter and of the evidence provided, we found no violation of the Political Reform Act.’ Under the Act, an individual who engages in direct communication with a qualifying official on behalf of his or her employer qualifies the individual as a lobbyist if the individual spends one-third or more of their compensated time in a calendar month in direct communication with a qualifying official for the purpose of influencing legislative or administrative action. (Section $2039; Regulation 18239(a)(2); Regulation 18239(c).) Please note that the Act’s conduct occurring prior to 2011. (Section 910005.) ute of limitations of five years precludes our ability to review any‘There is no evidence that there were enough contacts in 2012 through 2014 to qualify Ms. Martin as a lobbyist. We then focused our review on the 2015 calendar year. To become a lobbyist an individual must engage in direct communication with a qualifying official, which means appearing as a witness before, talking to, corresponding with, or answering questions or inquiries from any qualifying official, either personally or through an agent. (Regulation 18239(d)(3).) The issuance of a press release to the media or the placement of a poster in a committee office is not direct communication. Elizabeth Martin and the Sierra Fund may have been actively supporting legislation in 2015, but it does not appear that the activity amounted to one-third or more of Ms. Martin’s compensated time, or that the Sierra Fund spent $5,000 or more in any calendar quarter on their lobbying activity (Sections 82039.5; 86115.) We therefore found no violation of the Act. With regard to your concern that the Sierra Fund is spending grant money to further their agenda of obtaining yet more taxpayer grant money, or that the Sierra Fund is engaged in excessive lobbying, any issue concerning the Sierra Fund's conduct on the effect of its nonprofit status should be directed to the Internal Revenue Service. This issue is not within the jurisdiction of the Fair Political Practices Commission. If you have any questions, or if you wish to speak with someone in the Enforcement Division, you may call Jeanette Turvill at (916) 322-8194 or jturvill @fppe.ca.gov Sincerely, yt Galena West, Chief Enforcement Division Gwiit cc: Diane Fishburn obo Elizabeth Martin