2009 OPAA Annual Meeting

Hyatt on Capitol Square, Columbus
December 3 - December 5, 2009

This years Annual Meeting will once again feature civil and criminal tracks. The criminal track will have Richard Wintory returning to update us on the latest Supreme Court cases of interest; a review of State v. Getsy; investment fraud; and the roll of a prosecutor at a crime scene. The Civil side will cover Sunshine Law; the audit process; township finance law; eminent domain; police liablilty and qualified immunity; impending carbon emission legislation; FLSA; discipline; and construction and prevailing wage issues. Of course, we will also have the required hours of Ethics, Professionalism, and Substance Abuse on Friday morning.

THURSDAY, DECEMBER 3 8:00 - 9:00 Registration and Continental Breakfast

Criminal Track

9:00-10:30 SUPREME COURT UPDATE FOR TRIAL DOGS
Here comes a practical review of key cases from the most recent term of the U.S. Supreme court. The focus as always is how these cases can be used for or against working prosecutors in the trenches. Important decisions address the death of the search incident to arrest rule in vehicle cases, a major new exception to the exclusionary rule, officers authority to conduct searches, and other investigative activity during traffic stops, prosecutorial immunity, the right to counsel, and the authority of judges to sentence offenders along with other rulings Ohio prosecutors are going to want to know about!
Richard M. Wintory
Deputy County Attorney
Pima County, Arizona

10:30-10:45 Break

10:45-12:00 SUPREME COURT UPDATE FOR TRIAL DOGS, Continued...

12:00-1:30 Awards Luncheon

1:30-2:30 The Clemency Power and The Prosecutor's Role
This course involves a review of the capital case of State v. Jason Getsy where the State successfully reversed a parole board clemency recommendation on inmate Jason Getsy, who was executed on August 18, 2009.

This presentation will cover the laws, procedure and strategy involved in contesting a pardon, reprieve and commutation of sentence. The Getsy case by way of actual case materials and a power point presentation will give the audience a reality driven view of what actually happens in a contested clemency case.
Dennis Watkins, Prosecuting Attorney
Trumbull County
and
James Slagle, Chief Criminal Justice Section
Ohio Attorney General Richard Cordray's Office

2:30-2:45 Break

2:45-3:45 INVESTMENT FRAUD AND SECURITIES LAW FOR OHIO PROSECUTOR'S
The face of crime is changing. No longer is a gun the only weapon of choice for criminals. White Collar crime is on the rise. The Division of Securities wants to work with prosecutors and law enforcement to identify fraud violations that rise to the level of criminal activity. At the Division of Securities, our seasoned staff of attorneys and case managers routinely work with local law enforcement and county prosecutors on security fraud cases. Get the basic knowledge of the securities industry, its laws and who can assist in the investigation of fraud.
Kelly J. Igoe
Attorney and Coordinator of Education and Outreach
Department of Commerce, Division of Securities

3:45-4:45 Prosecutors At The Crime Scene
Being prepared at a crime scene is the key to managing that crime scene. We will discuss the prosecutor's role at the crime scene, immunity considerations, benefits of on-scene activity, situations to avoid, and organizing an on-scene program.
Ron O'Brien, Prosecuting Attorney
and
Dan Cable, Senior Assistant Prosecuting Attorney
Franklin County

Civil Track

9:00-10:00 Select Public Records Topics
Why an office that can't define what its "records" are is likely releasing more than it has to in response to a public records request. We will discuss the constitutional right of privacy -- an elusive backup to statutory exceptions; the recent, and until this year untested, Security and Infrastructure Exception; and recent public records case law.
Jeffery W. Clark. Principal Attorney
Constitutional Offices Section
Ohio Attorney General Richard Cordray

10:00-10:15 Break

10:15-11:15 The Role of the Prosecutor in the Audit Process
This session will discuss the audit process, common county audit findings and citations, the role of the prosecutor, as well as how the auditor of state's office works with prosecutor's to avoid possible audit findings. Audit examples will be provided to illustrate instances where a prosecutor's opinion was relied upon in the course of an audit. Additionally, the presentation will cover the process by which the auditor of state's office legal staff will review legal opinions prior to an audit period to determine whether the auditor of state will audit in accordance with such opinion.
J. Desiree Forbes, Assistant Chief Legal Counsel
and
Kimberly A. Kutschbach, Assistant Chief Legal Counsel
both of Ohio Auditor of State Mary Taylor's Office

11:15-12:00 Township Finance Law
An overview of alternatives for financing township capital improvements ranging from unvoted to voted options, including tax-exempt leases. Particular emphasis on fire-related permanent improvements.
Rebecca C. Princehorn, Partner
Public Finance Group
Bricker and Eckler, LLP
Columbus, Ohio

12:00-1:30 Awards Lunch

1:30-2:30 Ohio Eminent Domain Law Update
Update on changes made to Ohio eminent domain law under SB7 and recent Ohio eminent domain case law.
Kimberly J. Brown, Partner
Litigation and Construction Law Group
Bricker and Eckler, LLP
Columbus, Ohio

2:30-2:45 Break

2:45-3:45 Law Enforcement Training - Not a Place to Cut Costs
While law enforcement budgets and staff decrease, police misconduct cases abound. This presentation will address the current status of the law relative to police liability and qualified immunity cases, as well as actions to take when an incident occurs to ensure a successful defense.
Cheri B. Hass, Partner
Downes, Fishel, Hass, Kim, LLP
Columbus, Ohio

3:45-4:45 Impending Carbon Emission Legislation and Other Environmental Issues
Summary of carbon emission legislation (a.k.a. "cap and trade") and any impact on county operations. This presentation will also provide prosecutors with an overview of common environmental legal issues that impact county operations from asbestos to hazardous waste to wastewater treatment operations and sewer service territory disputes.
Frank L. Merrill, Partner
and
E. Brett Breitschwerdt, Associate
Energy, Public Utilities, and Environmental Law Group
both of Bricker and Eckler LLP, Columbus, Ohio

6:00-7:00 Welcoming Reception - Statehouse Rotunda

7:00-9:00 Awards Banquet - Statehouse Atrium

FRIDAY, DECEMBER 4 Combined Track

9:00-10:00 Ethics For Prosecutors
Ethics issues that face the prosecuting attorney's office and an overview of the Ohio Rules of Professional Conduct and disciplinary procedures.
Jonathan E. Coughlan
Disciplinary Counsel
Supreme Court of Ohio

10-10:15 Break

10:15-11:15 Professionalism For Prosecutors, Seven Names You Never Use When Referring To Opposing Counsel.
This seminar will review the Lawyer's creed and the aspirational ideals set forth by the Ohio Supreme Court. We will also give a prosecutor's perspective to professionalism and the importance of treating opposing counsel with respect and dignity regardless of the circumstances. We will discuss the prosecutor's special standing in the community and how a failure to follow these rules can cause the community to lose faith in our system of justice. Finally, we will discuss a prosecutor's duty to provide discovery as they relate to the rules of professionalism.
Philip Bogdanoff
Retired Summit County Assistant Prosecuting Attorney

11:15-11:45 Substance Abuse and Mental Health Issues
Recognizing addictions and treatment alternatives will be discussed along with mental health issues, the Ohio Lawyers Assistance Program, and other ways of receiving help.
Stephanie S. Krznarich, MSW, LISW, LCDC-III
Clinical Director
Ohio Lawyers Assistance Program

11:45-12:45 Lunch

Criminal Track

12:45-2:15 A Tale of Two Thieves
This session will cover a small southwestern Ohio village that had two independent, yet simultaneous thefts occurring. This presentation is based on a case study model and reviews the forensic audit process used to convict both suspects of tampering with records, and theft. Real world examples will be used to demonstrate the various schemes incorporated by the perpetrators as well as the trial strategy and techniques that led to their successful prosecution.
Randall Meyer, Chief of Investigation
Rebekeh Wolcott, Senior Audit Manager and
James Manken, Assistant Chief Legal Counsel
All of Ohio Auditor of State Mary Taylor's Office.

2:15-2:30 Break

2:30-4:00 Evidence based practices: from Sentencing to Reentry
What does the current research tell us about which offenders are most likely to re-offend, who may be amenable to community control sanctions, and how prosecutors can use this information to make decisions about charging, plea negotiation, and sentencing recommendations.
Dr. Ed Latessa, Head of Criminal Justice Div., University of Cincinnati
Dr. Ed Rhine, Deputy Directory, Policy and Offender Reentry, Dept. of Rehab. and Corrections
Jim Slagle, Chief of Criminal Justice Sect., Ohio Attorney General

Civil Track

12:45-1:45 Economic Pressures and the Fair Labor Standards Act
Employers must be careful to not run afoul of the Fair Labor Standards Act when attempting to restructure schedules or assignments in an effort to reduce costs. This presentation will address changes an employer can implement to reduce costs and areas that may cost an employer if incorrect decisions are made.
Cheri B. Hass, Partner
Downes, Fishel, Hass, Kim, LLP
Columbus, Ohio

1:45-2:00 Break

2:00-3:00 Making Discipline Stick Disciplining public employees is often an ordeal because of the administrative actions, litigation, and/or union invovment that ensue if an employee's rights are violated. Although attacks on discipline cannot always be avoided, there are many actions an employer can take to decrease liability and to successfully discipline or terminate a problem employee. These basic guidelines will help employers win disciplinary cases and will provide a solid defense against claims such as retaliation and discrimination.
Cheri B. Hass, Partner
Downes, Fishel, Hass, Kim, LLP
Columbus, Ohio

3:00-4:00 Recent Developments in Construction and Prevailing Wage
This session discusses recent developments in prevailing wage law and public contracting that are currently being hotly debated. The session is designed to describe the range of interpretations in the context of public construction and economic development.
Jack Rosati, Jr., Partner
Construction Law Group
Bricker and Eckler, LLP
Columbus, Ohio

SATURDAY, DECEMBER 6 9:30 - 11:00 Business Meeting
All prosecutors and assistants are invited to attend.

OPAA HAS REQUESTED APPROVAL OF 11.25 HOURS OF CLE CREDITS. THIS BREAKS DOWN AS FOLLOWS:
8.75 HOURS GENERAL,
1.00 HOUR OF ETHICS,
1.00 HOUR OF PROFESSIONALISM,
AND 0.50 HOUR OF SUBSTANCE ABUSE. Room rates at the Hyatt on Capitol Square are $127.00 for single, double, or triple. To avoid paying tax, accommodations must be paid for with either an office check or credit card. Personal payment, even though it will be reimbursed by the office, is not tax exempt by state law. To make reservations, call 800-233-1234. Identify yourself as being with OPAA to obtain our special rate. Our contract with the hotel specifies that all attendees at this meeting will pay the negotiated room rate. It violates the spirit, if not the letter, or our our agreement for attendees of this meeting to reserve a room at a lower government rate. The cut-off date for our block of rooms is November 9th. Hyatt check-in time is 3:00 p.m., and check-out time is 12:00 noon. Cancellation Policy: any reservation not canceled 24 hours in advance of 3:00 p.m. of the day of scheduled arrival will be charged one night's room and tax as a no-show penalty.

The registration fee is $300.00, which covers all handout materials, continental breakfasts, breaks, and lunches for PAs and APAs on both days, and the Welcoming Reception and Awards Banquet for both registrant and guest. The fee for one day only is $175.00. Due to the expense of producing the training manual, a $45.00 penalty will apply to all cancellations made through November 25th, and a copy of the manual will be sent. To help defray the cost of food guarantees which must be made by that date, cancellations after November 25th, will be assessed a $175.00 penalty if scheduled to attend both days, and a $125.00 penalty if scheduled for one day only. Please send registrations to OPAA by November 20th (earlier if possible).