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Advisory opinion as to whether the Louisiana Real Estate Appraiser Board (LREAB) may appoint Ms. Cheryl Bella to the LREAB while she teaches courses at the Greater Baton Rouge Association of Realtors. |
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The LREAB regulates appraisers in Louisiana, and some appraisers are also licensed to conduct real estate activities in the state. Ms. Bella is being suggested for the appointment to the LREAB. She is also an approved instructor for the Greater Baton Rouge Association of Realtors and teaches courses to real estate licensees. At issue in this advisory opinion request is that although Ms. Bella teaches real estate courses, at times appraisers may take courses instructed by Ms. Bella. It is not likely, but occasionally Ms. Bella could teach courses to persons she will be responsible for regulating as a member of the LREAB. She may also serve as an instructor to persons who have an economic interest that can be affected by the performance of nonperformance of her job duties as a board member since she could participate in imposing a fine, or suspending/revoking a license of a person she has instructed.
Although Ms. Bella receives compensation for the courses she teaches, the compensation comes from the course vendor. It does not come directly from the students she instructs. It is the vendor (the Greater Baton Rouge Association of Realtors) which charges the attendees for the course. Ms. Bella's compensation is based on an hourly fee rather than a percentage of the class fee or number of students attending.
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Section 1111C(2)(d) prohibits a public servant from accepting anything of economic value for services which are performed for or compensated by persons who conduct operations that are regulated by the public employee's agency, or by persons who have a substantial economic interest which may be substantially affected by the performance or nonperformance of the public employee's job duties.
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Adopt the proposed advisory opinion
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| Assigned Attorney: |
Brent Durham |
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