Olivarez, Madruga, Lemieux & O’Neill Merger

We are very pleased to announce that our firm, Lemieux & O’Neill, is growing.  Lemieux & O’Neill has merged with the law firm of Olivarez Madruga to form a new partnership called Olivarez, Madruga, Lemieux & O’Neill. This merger will … Continued

New Website

Welcome to the new online home of Lemieux & O’Neill.

Categorical Exemption

The California Supreme Court rendered an important decision on how to process documents under CEQA. At administrative hearings, the petitioners in a CEQA lawsuit told the county the proposed categorical exemption for a project did not apply because the project … Continued

Public Works Contracts

Re:  Chapter 7, Stats 2009 (SB9): Public Works Contracts SB9 was adopted in 2009 but “suspended” until 2012.  Much of the statute affects entities other than cities and districts.  The following centers on provisions affecting cities and districts (other than … Continued

Regulatory Fees

In 2003, the legislature adopted a law designed to make the Water Rights Division of the State Water Resources Control Board entirely fee supported.  Several groups challenged the legislation on the grounds the fee was a disguised tax requiring two-thirds … Continued

Public Funds To Campaign

 A California Attorney General’s Opinion No. 05-603 (July 11, 2006) created a loophole in the law, big enough to drive a 10-wheeler through.   It may no longer be possible to prevent public monies from being spent for campaigning on … Continued

Layoff Bargaining

International Association of Firefighters Local 188 v. Public Employment Relations Board and the City of Richmond is an important California Supreme Court case that addresses lingering questions about the requirement for public agencies to bargain before making a layoff decision. … Continued

Case List 2010: California Cases and Authorities

PERSONNEL GOVERNING BOARD     Disclosures 98 Ops.Cal.Atty.Gen. 44 (No. 08-309, April 12, 2010):   Package delivery company is a “transportation company” prohibited from granting discounts to public officials; FPPC regulations can be used to determine value.       Elections DiQuisto v. … Continued

Campaign Contributions and Conflicts of Interest

Despite the public’s (mostly incorrect) perception that campaign contributors receive special treatment by elected officials, no law says campaign contributions create a conflict of interest.  (There is narrow exception to this conclusion.  Public officials cannot participate in an administrative hearing … Continued

Agency Gifts

Public officials have been required to disclose gifts for several decades. Apparently, some officials have avoided disclosure by claiming the gift was to the agency, not the official. The FPPC adopted a regulation defining when a gift is made to … Continued