Birdsong, Corene Lee | Inactive Salesperson | Benton, AR

04/13/2009 | Hearing No. 3083

Formal Hearing # 3083 was held in April 2009 but was appealed by the Respondent. The Commission decision was recently upheld.  In Formal Hearing # 3083 the Commission voted unanimously that Respondent Birdsong’s salesperson’s license be suspended for eighteen (18) months and that she cannot sit for a broker’s examination for five (5) years. Respondent Birdsong was also assessed a penalty of $500 to be paid to the Arkansas Real Estate Commission.

• The Commission found Ms. Birdsong guilty of violating Arkansas Code Annotated §17-42-311(a)(7), Arkansas Code Annotated § 17-42-311(a)(11), and Arkansas Code Annotated § 17-42-311(a)(13).
• On December 16, 2008 Respondent notified the Commission “….I entered a plea of guilty to one count of harassment, a misdemeanor, in Saline County on December 11, 2008.”
• Court records reflect that on December 11, 2008 Respondent pleaded guilty in the District Court of Saline County, AR in Docket No. S2008-4913 of the charge of Harassment, a Class A misdemeanor.
• Respondent was fined $130, ordered to pay $300 restitution, and placed on 12 months of unsupervised probation.
• Respondent was further ordered to have no unauthorized contact with Tom Baxley, Mike Duke, Dan Moudy, Edye Crouse or Mark Chilton. These individuals were co-workers at Phillips Moudy Duke Real Estate.
• On February 2, 2009 Respondent provided an additional written explanation of her conviction as requested by the AREC Investigator. In her written statement she stated that, “The incident was a result of a long, professional and personal dispute between two of my former co-workers and the handling of that dispute by the broker. After my broker chose to terminate me, I overreacted and distributed approximately 15 unflattering flyers about the broker and one of the agents. It is an action I deeply regret.”
• Respondent provided a written statement to police admitting that she fabricated e-mails and engaged in other correspondence and acts that were harassing, obscene, false, and personally damaging to Tom Baxley, Mike Duke, Edye Crouse and other persons at PMD. “Specifically I placed false and damaging e-mails, that I had created and e-mailed, on windshields at a recent football game.”