MINUTES OF MEETING LOUISIANA REAL ESTATE COMMISSION FEBRUARY 18, 2010

Transcription

1 MINUTES OF MEETING O F LOUISIANA REAL ESTATE COMMISSION FEBRUARY 18, 2010 The Louisiana Real Estate Commission held its regular business meeting on Thursday, February 18, 2010, immediately following committee meetings, at 9071 Interline Avenue, Baton Rouge, Louisiana, according to regular call, of which all members of the Commissioner were duly notified, at which meeting the following members were present: COMMISSION Judy Songy, Chairman Frank Trapani, Vice Chairman Mike Bono, Secretary Keitha Avant Pat Caffery Archie Carraway Gretchen Ezernack Tim Flavin Jennifer Lanasa Cynthia Stafford STAFF Julius C. Willie, Executive Director Arlene C. Edwards, Legal Counsel Stephanie Boudreaux Debbie DeFrates Mark Gremillion Ann Major R. C. McCormick Al Rowe Nikki Senegal Marsha Stafford Malissa Wright GUESTS Daniel Kinchen, applicant Ron Scineaux, applicant Chris Donaldson, school owner Brent Lancaster, Bob Brooks School of Real Estate Norman Morris, Louisiana REALTORS Paul Burns, member, was not in attendance. Moment of silent prayer. Commissioner Bono led the Pledge of Allegiance. Commissioner Ezernack made motion, seconded by Commission Stafford, to approve the Minutes of Meeting of January 14, 2010, as written and circulated. Motion passed without objection. 1

2 PERSONAL APPEARANCES: 1. Daniel Kinchen - Mr. Kinchen appeared before the LREC in connection with his request to sit for the real estate sales exam. On March 30, 2009, Mr. Kinchen pled guilty to Possession of a Schedule II drug. For his offense he was sentenced to two years active probation and ordered to attend an Effective Decision Making course. Mr. Kinchen has remained free from any further criminal conduct; has been up to date on his supervision payments; and has complied with all general conditions of his probation. He is currently on probation with a scheduled release date of April 30, Mr. Kinchen briefly explained the circumstances surround his conviction stating his cousin left in his possession a bottle of pills (which were not the same as prescription). Mr. Kinchen responded to questions asked by commissioners. Commissioner Trapani made motion to deny Mr. Kinchen s request at this time. Motion was seconded by Commissioner Flavin and passed without objection. Mr. Kinchen was encouraged to reapply after he is released for probation on April 30, Ron Scineaux - Mr. Scineaux appeared before the Commission in connection with his request to sit for the real estate sales exam. On December 14, 2004, he was found guilty of one count of Possession with the Intent to Distribute a schedule II controlled dangerous substance. For his offense, he was sentenced to five years hard labor with credit for time served. Mr. Scineaux served two and one-half years and was released in 2007 on probation. His probation expired in August of Mrs. Scineaux explained in detail the circumstances surrounding his conviction. He said he was with a friend who was involved with a drug exchange. Even though he was aware of the drug transaction, he claims he was not directly involved. The exchange was with an informant, and the friend fled the scene. Subsequently Scineaux was arrested because the arresting officer claimed he tossed drugs from the vehicle. Scineaux chose a jury trial rather than agreeing to a plea because of his innocense. Since his release from prison, Scineaux reported he has maintained steady employment and is currently employed with a non profit organization, Big Easyt Elite. After hearing Mr. Scineaux s response to numerous questions, Commissioner Stafford made motion to approve his request to sit for the real estate sales exam contingent upon written verification from prospective sponsoring broker acknowledging awareness of Scineaux s criminal history. Motion was seconded by Commissioner Trapani and passed by majority vote, with Commissioner Caffery voting in opposition. COMMITTEE REPORTS: 1. Agency Task Force - Commissioner Lanasa made motion to ratify changes to Customer Information Pamphlet as adopted by the Legislative/Legal/Timeshare Committee at its meeting held February 18, Motion seconded by Commissioner Caffery and passed by unanimous vote. (See Attachment A.) 2. Budget - Commissioner Stafford referred to financial reports for period ending 1/31/10, and enlisted AL Rowe to explain and entertain questions. Reports were accepted as printed. With regard to the licensee count, Mr. Willie reported as of 2/11/2010, 18,546 (84.89%) out of 21,848 (registered on 12/31/09) of active and inactive licenses have been renewed. Only 64.78% of the inactive brokers/salespersons have renewed. Based on the figures, Mr. Willie advised it is a very real possibility the Commission may need to 2

3 consider increasing fees. (Last fee increase was in 1995). However, at this time, Willie advised other options are being researched until a fee increase can be considered. Willie will report back to the Commission at a later date. Relative to cost savings with the Boundary Lines Publication, Commissioner Stafford suggested a survey be conducted to ascertain if licensees would rather view as an e- mail or hard copy mailout (or opt out option of receiving the hard copy). As another cost savings device, Mr. Willie cautioned in the future travel may need to be limited and requested conference registrations, etc. be coordinated through his office. 3. Education/Research/Publication - Commissioner Trapani scheduled a meeting for Thursday, March 18, 2010 at 10:00 a.m. to discuss continuing education issues and method of distribution for the Boundary Lines publication. Commissioner Caffery commented that Louisiana REALTORS is in the process of forming a task force that will continue to study ongoing pre- and post-licensing educational requirements for the distant future. Caffery stated more updates will follow as task force continues to materialize. Caffery further advised that he contacted Jeremy Harrelson who has agreed to serve as initial chairperson. Commissioners Trapani and Lanasa have also agreed to participate. Chairman Songy questioned whether the Commission approved forming this task force. Caffery said this is LR s task force. Norman Morris, representative from LR, addressed the Commission stating that LR is willing to look at the education system the way it is now and would offer representation from its membership to serve on the task force, but ultimately decisions need to be voted on by the LREC; therefore, LR feels the task force would originate from the Commission serving in a joint capacity with LR members. Morris said LR is more than willing to submit names if the Commission deems it appropriate. Commissioner Ezernack questioned purpose of task force since educational requirements had just been addressed and increased. Caffery responded to look at additional education requirements the Commission may want to consider instituting in the next 5 years. (Several commissioners interjecting that this was just done.) Commississioner Ezernack made motion not to address this issue at this particular point in time. Second by Commissioner Stafford. Discussion. Commissioner Flavin offered amendment to motion to refer the issue to the Strategic Planning Committee. Amendment accepted by maker and second. Motion as amended approved by unanimous vote. Mr. Willie gave the following report on auditing of educational requirements. He reported of the 525 licensees required to complete the 45 hours of post-licensing, the exception report indicated 113 did not have hours on file. Letters were sent to the 113 licensees, allowing 15 days to show proof of completion by supplying the office with educational certificates. Licensees that do not comply will be referred to the Investigative Division for follow-up. With regards to continuing education hours, preliminary figures indicate one-third of active brokers; one-fourth of associate brokers; and one-third of active salespersons do not have continuing education hours on file. Trapani questioned penalties for non-compliance with education requirements. Mr. Willie responded that action will be taken upon completion of the investigation. Lanasa questioned what type of action would be taken. Willie responded the Commission will make that determination. Legal Counsel stated these cases will have to be handled as other violations - formal or informal and each case will need to be handled on its 3

4 own merit with fine amounts to be established by the Commission. Commissioner Ezernack questioned whether or not an individual has an active license if they have not completed the required education. Legal Counsel responded that the individual does have an active license, but has violated a provision in the law. 4. Legislative/Legal/Timeshare - Commissioner Flavin reported the committee met this date relative to the following issues: a) Agency Task Force - changes ratified in committee report. b) Criminal History - Commissioner Ezernack made motion, seconded by Commissioner Trapani, to ratify action of committee to adopt proposed legislation. (See Attachment B). Motion approved unanimously. c) Advertising Task Force - committee formed task force under direction of Commissioners Trapani and Lanasa. Motion to ratify was made by Commissioner Stafford; seconded by Commissioner Ezernack, and passed by unanimous vote. d) Commercial Real Estate Task Force (under direction of Commissioner Avant). Mr. Willie questioned if this was a task force independent of the Commission. Commissioner Avant responded this is a task force rather than a committee, but a Commission sponsored task force. The task force plans to meet in different locations throughout the state and report back to the L/L/T committee. Staff will not be required to attend, record or prepare minutes of the meetings. e) Real Estate Education Fund - Proposed legislation to provide authorization to the LREC for additional distribution from the fund; and to provide for related matters. Commissioner Trapani made motion, seconded by Commissioner Stafford, to ratify action of committee to approved proposed legislation. (See Attachment C). Motion passed without opposition. f) Cease and Desist Order - Legal Counsel will prepare language for review at next meeting. 5. Standardized Forms - no report. 6. Strategic Planning - Caffery stated in the near future he would like the committee to address the following: a) adding commercial educational hours to post/pre-licensing requirements; b) an orientation training day for new brokers; c) meeting guide for the introduction of new ideas for commission review; d) long term education planning in so far as it relates to strategic planning (and mission statement adopted by Commission). DIRECTORS REPORT: Regarding the building loan, Mr. Willie reported on-going discussions continue with the Division of Administration and the bonding attorney in formulating a cooperative endeavor agreement with the State of Louisiana to support the loan. The agreement may be the key ingredient in connection with proposals form several banks. At the January meeting, Mr. Willie advised he was instructed to survey ARELLO jurisdictions relative to conducting a commission meeting. Mr. Willie stated even though the survey was sent twice, no written responses were received. Oklahoma responded by phone, but only regarding new commissioner orientation. 4

5 UNFINISHED BUSINESS: None NEW BUSINESS: None There being no further business, Commissioner Ezernack made motion, seconded by Commissioner Flavin, to adjourn. Motion carried. JUDY SONGY, CHAIRMAN MIKE BONO, SR., SECRETARY 5