| Advisory Opinion request from Jacques Roy, Mayor for the City of Alexandria, regarding the continued lease of office space for his private law firm. |
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In 2007, Richard Rozanski, on behalf of the law firm of Wheelis & Rozanski, APLC, entered into a Professional Services Agreement with the City of Alexandria to provide legal services as special counsel assisting the Alexandria City Attorney. The Professional Services Agreement was approved by the Alexandria City Council. All work performed as special counsel is under the supervision of the City Attorney.
Mr. Rozanski is also the sole owner of RICROZ Properties, LLC. In 2021, Jacques Roy's wholly-owned company, Jacques M. Roy, A Professional Law Corporation, entered into a written lease agreement with RICROZ Properties LLC, whereby he is currently leasing office space at the law firm of Wheelis & Rozanski. The current term of the lease ends on December 31, 2026. The lease agreement will automatically renew for a new five-year term unless written notice of termination is provided.
In November 2022, Mr. Roy was elected as Mayor for the City of Alexandria. He took office on December 5, 2022. As Mayor, Mr. Roy would be required by ordinance to sign any future Professional Services Contract, since the decision to approve such a contract rests with the Alexandria City Council.
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La. R.S. 42:1111(C)(2)(d): No public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of economic value for or in consideration of services rendered, or to be rendered, to or for any person during his public service unless such services are: neither performed for nor compensated by any person who has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency.
La. R.S. 42:1102(19) defines "public servant" to include elected officials.
La. R.S. 42:1102(22)(a) defines "thing of economic value" to include money.
La. R.S. 42:1102(20.1) defines "service" to include the leasing of immovable property.
La. R.S. 42:1102(2)(a)(vi) defines "agency" for public servants of political subdivisions to mean the agency in which the public servant serves, except for the elected or appointed chief executive of a governmental entity, it shall mean the governmental entity.
La. R.S. 42:1102(12) defines "governmental entity" to include any political subdivision to which the elected official is elected.
La. R.S. 42:1112(B)(5):No public servant, except as provided in R.S. 42:1120, shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any of the following persons has a substantial economic interest: Any person who is a party to an existing contract with such public servant, or with any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, or who owes any thing of economic value to such public servant, or to any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, and who by reason thereof is in a position to affect directly the economic interests of such public servant.
La. R.S. 42:1102(15) defines "participate" to mean to take part in or to have or share responsibility for action of a governmental entity or a proceeding, personally, as a public servant of the governmental entity, through approval, disapproval, decision, recommendation, the rendering of advice, investigation, or the failure to act or perform a duty.
La. R.S. 42:1102(21) defines "substantial economic interest" to mean an economic interest which is of greater benefit to the public servant or other person than to a general class or group of persons.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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