2010 OPAA Annual Meeting

Hyatt on Capitol Square, Columbus
December 2 & 3, 2010

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; Douglas Miles with AEquitas will talk about redefining evidence based prosecution; The Stored Communications Act will be discussed as will extradition; and The Department of Public Safety will be demonstrating the new I8000 “Intoxilyzer”. We will also have a host of civil topics including a civil legislation update; The SAFE Act; electric aggregation issues; health care reform; collective bargaining; unfair labor practices; competitive bidding; cemetery issues; and the interaction of public records, workman’s compensation, and ADA. Of course, we will also have the required hours of ethics, professionalism, and substance abuse on Friday morning.

THURSDAY, DECEMBER 2 8:00 - 9:00 Registration and Continental Breakfast

Criminal Track

9:00-10:30 Supreme Court Update For Trial Dogs
This year's term offers a complete review/redo of the law of police interrogations and the prosecutor's burden in getting confessions and admissions admitted. Also, shocking examples of how bad lawyering by defense attorneys can hurt prosecutors. Finally, a warning to trial dogs using their office-issued cell phones to act like a hound dog!
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 Redefining Evidence Based Prosecution: Domestic Violence Prosecution In The Post-Crawford World
This presentation examines the history and development of evidence based prosecution of domestic violence cases and identifies how Crawford v. Washington and its progeny have impacted the prosecution of domestic violence cases with non-participating victims. The presentation also discusses tools and strategies for successfully prosecuting these difficult cases and the practical steps necessary to achieve success. Specific topics will include: contextual analysis of domestic violence cases, effective investigation, training law enforcement personnel, collaborating with community partners, the use of nontestimonial statements, forfeiture by wrongdoing, forfeiture crimes, and the use of other acts evidence.
Douglas J. Miles, Attorney Advisor
AEquitas: The Prosecutors’ Resource on Violence Against Women

2:30-2:45 Break

2:45-3:45 Redefining Evidence Based Prosecution: Domestic Violence Prosecution In The Post-Crawford World continues...

3:45-4:45 The Stored Communications Act: 20th Century Computer Law for the Digital Millennium
A comprehensive examination of Chapter 121 of the Electronic Communications Privacy Act of 1986, more commonly known as the Stored Communications Act or “SCA.” The presentation will specifically include discussion on legal tools available for use by prosecutors in conducting investigations; legal issues arising under the SCA from clients of prosecuting attorneys; and the practical implication of the SCA on other electronic search and seizure schemes as well as on contemporary forms of electronic media.
Richard H. Blake, Partner
Bricker and Eckler, LLP
Cleveland, Ohio

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

7:00-9:00 Awards Banquet and Installation of New President – Statehouse Atrium

Civil Track

9:00-10:00 2010 Township Law Update
This session will cover principal changes occurring in township law in the last year, with special emphasis on election filing deadlines, sunshine law, finance, zoning and vacating township roads. Ms. Princehorn will also cover the current status of local government reform.
Rebecca C. Princehorn, Partner
Bricker and Eckler, LLP
Columbus, Ohio

10:00-10:15 Break

10:15-11:15 Collective Bargaining Updates
A review of recent State Employment Relations Board (SERB) and court decisions regarding bargaining; use of economic and demographic data in negotiations; issues unions are relinquishing and trends in bargaining appeals of conciliation awards.
Jonathan J. Downes, Founding Partner
Downes, Fishel, Hass, Kim, LLP
Columbus, Ohio

11:15-12:00 Unfair Labor Practices
An update of State Employment Relations Board (SERB) and court decisions; standards for negotiations and unfair labor practices for failing to negotiate in good faith; directions from SERB.
Jonathan J. Downes, Founding Partner
Downes, Fishel, Hass, Kim, LLP
Columbus, Ohio

12:00-1:30 Awards Luncheon

1:30-2:30 Competitive Bidding
Bidding disputes are increasingly common in the current economic downturn facing the construction industry. The topic will give an overview of competitive bidding standards and recent cases with a focus on recent supreme court cases impacting prevailing wage & quality contracting standards, the award of bid preparation costs in lieu of lost profits, and the right to rebid. We will also explore the use of the "bond free" stay and other creative techniques for dealing with bidding disputes from a practical perspective.
Donald W. Gregory, Director
Kegler, Brown, Hill & Ritter, LLP
Columbus, Ohio

2:30-2:45 Break

2:45-3:45 Cemetery Issues That Just Won’t Die
Faced with an indigent burial? Perhaps you've come across a possible abandoned burial site? Got bones? Let's discuss how to address these issues while exploring other little known cemetery facts.
Cheri B. Hass, Partner
Downes, Fishel, Hass, Kim, LLP
Columbus, Ohio

3:45-4:45 Health Care Reform Bill Update
The presentation will focus on changes made at the state and Federal level with respect to health care coverage. The information will include a timeline and analysis of the changes. Particular emphasis will be placed on the implications of these changes on counties including the impact on collective bargaining.
Marc A. Fishel, Partner
Downes, Fishel, Hass, Kim, LLP
Columbus, Ohio

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

7:00-9:00 Awards Banquet and Installation of New President – Statehouse Atrium

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.
Dean P. Mandros, Chief Criminal Assistant Prosecutor
Lucas County

10:00-10:15 Break

10:15-11:15 Professionalism For Prosecutors
This session will review the Lawyer’s creed and the aspirational ideals set forth by the Ohio Supreme Court.
William Mann, Of Counsel
Mitchell & Pencheff, Fraley, Catalano & Boda Co. LPA
Columbus, Ohio

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.
Scott R. Mote, Executive Director
Ohio Lawyers Assistance Program

11:45-1:15 Lunch and Business Meeting

Criminal Track

1:15-2:15 Extradition and Clemency
The executive branch is tasked with coordinating and processing all extradition requests to and from Ohio. This course will take prosecutors through the process so when the time comes for a prosecutor to request an extradition they will have the necessary knowledge and contacts to effectively accomplish a lawful and expeditious extradition.

Additionally, the Governor also has the executive power to grant various forms of clemency. The prosecutors are an important part of the clemency process and routinely are called upon to present information to both the Ohio Parole Board and to the Governor’s Office. This presentation will discuss the various forms of executive clemency, the overall process used to determine clemency issues and the role prosecutors play in the process.
Barbara McCormack, Extradition Officer and
Zachary M. Swisher, Deputy Legal Counsel
Both with the Office of the Governor of Ohio
2:15-2:30 Break

2:30-4:00 The Intoxilyzer And You
Ohio is implementing a new breath testing instrument. Once completely installed, the Intoxilyzer 8000 will replace all old breath testing instruments. We will be discussing the new administrative code sections which apply to the instrument. We will demonstrate how to conduct a test using the instrument and explain the various forms and certificates of the instrument. We will address recent court cases and decisions and answer questions.
Mary K. Martin, Ohio Traffic Safety Resource Prosecutor and
John Kucmanic, Forensic Toxicologist
Both with the Ohio Department of Public Safety

Civil Track

1:15-2:15 The SAFE Act
In 2008, Congress passed the Secure and Fair Enforcement for Mortgage Licensing Act ("SAFE Act"). SAFE required that all mortgage brokers be licensed under a uniform licensure system and that each state pass enabling legislation and updated state mortgage broker licensure systems to conform with the new federal SAFE Act requirements.

Ohio’s SAFE Act, as passed by the Ohio General Assembly and signed into law by Governor Ted Strickland, provides changes to both the Ohio Mortgage Broker Act ("OMBA") and the Ohio Mortgage Loan Act ("OMLA") thereby bringing Ohio into compliance with the federal SAFE Act regulations.

The Department of Commerce Division of Financial Institutions ("DFI") oversees the new SAFE Act implementation including the Ohio system of mortgage broker licensure under the new Nationwide Mortgage Licensing System and Registry ("NMLS").

This presentation covers both federal and Ohio SAFE Act legislative processes, substantive regulatory schemes of both state and federal law, state and federal rulemaking, and practical applications of SAFE and NMLS in Ohio.
Christopher N. Slagle, Associate
Bricker and Eckler, LLP
Columbus

2:15-2:30 Break

2:30-3:30 2010 Public Records Update
A discussion of recent litigation and current issues involving Ohio’s Public Records law and the interaction of public records, workman’s comp, and ADA.
Edmund F. Brown, Associate
Downes, Fishel, Hass, Kim, LLP
Columbus

3:30-4:00 Municipal Electric Aggregation
While many states have deregulated their electrical power markets, only a handful have passed comprehensive laws that allow political subdivisions to gain access to retail electric markets through opt-out municipal aggregation. Ohio is one of those states. In Ohio, opt-out municipal electric aggregation has worked well in providing governmental aggregations with a sufficient combined retail load to negotiate contracts for service from suppliers at discounted rates. This presentation covers the basics of municipal aggregation.
Glenn S. Krassen, Partner
Bricker and Eckler, LLP
Cleveland

If any registrant, or guest, has special dietary needs, please contact Delores at 614-221-1266, so that advance arrangements can be made with the caterers.

Room rates at the Hyatt on Capitol Square are $129.00 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, of our agreement for attendees at this meeting to reserve a room at a lower government rate. The cut-off date for our block of rooms is November 8th. 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).