This year’s 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 concealed carry/gun law update; exploration of blood test results in OVI cases; the latest on “sweepstakes parlors”; small loan and pawnbroker issues; and human trafficking. On the civil side we will be offering findings for recovery; township law; delay claims; retaliation laws; election law; the latest in the Affordable Care Act; police use of force – civil liability; and a labor law update. Of course, we will also have the required hours of ethics, professionalism, and substance abuse on Friday morning. As a reminder, training manuals will once again only be available on-line. Access credentials will be sent to registrants. Please download these to your electronic device or print out, as the Wi-Fi connection at the Sheraton has been an issue in the past. Please include each registrant’s email address with the registration, as it is needed to forward the access credentials.

THURSDAY, DECEMBER 5

8:00-9:00 Registration and Continental Breakfast (PAs and APAs only)

Criminal Track

9:00-10:30 Supreme Court Update For Trial Dogs
With all due respect to our beloved OPAA executive director, this term the United States Supreme Court applied Murphy's Law in new and mind boggling ways. Imagine prosecutors picking up Kennedy and Breyer and still losing huge opinions! But with a little luck o' the Irish we'll figure out how to still Git-R-Done!
Richard M. Wintory, Chief Deputy
Pinal County Attorney’s Office
Florence, Arizona

10:30-10:45 Break

10:45-12:00 Supreme Court Update For Trial Dogs, continued

12:00-1:30 Awards Luncheon (PAs and APAs only)

1:30-2:30 Concealed Carry/Gun Law Update
A complete overview of Ohio’s gun laws including carry issues, Castle Doctrine, and firearms and minors.
Jonathan R. Fulkerson, Deputy Chief Counsel
Office of Ohio Attorney General Mike DeWine

2:30-2:45 Break

2:45-3:45 Prosecuting OVI and Equivalent Blood Cases
This presentation will show how to successfully prosecute OVI and OVI-equivalent cases when blood is drawn, either by a medical professional or law enforcement. This deals with when the OAC is applicable, when it is not, how to acquire the blood evidence, and hearsay and admissibility issues.
Daniel J. Phillips, Assistant Prosecutor
Butler County

3:45 - 4:45 Prosecuting Internet Cafés
Discussion will include a review of successful prosecutions of internet cafés around the country, specifically focusing on Cuyahoga County’s recent prosecution of VS2. Presentation will focus on how best to prosecute these cases and what defense tricks and myths to avoid in charging internet café owners and operators, along with recent legislative changes and laws.
Timothy J. McGinty, Cuyahoga County Prosecuting Attorney and
Ronald J. O’Brien, Franklin County Prosecuting Attorney

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

Civil Track

9:00-10:00 A $60 MILLION GIVEAWAY? WHOSE MONEY IS IT ANYWAY?
A review of, and proposals to solve, the dilemma of collecting over $60 million in outstanding Findings for Recovery. Ohio law provides that the Prosecuting Attorney is responsible for the civil recovery of tax dollars misspent or stolen from the county, a township and other entities receiving tax dollars. The presentation includes an introduction to “Findings for Recovery,” case history, a review of the resources available to immediately take action to recover and a tool kit to get to work. Legal staff of the Auditor of State will also discuss the documents obtained during an audit and the notes of auditors who likely have interviewed relevant witnesses and developed detailed work papers.
William J. Owen, Senior Policy Advisor
Office of Ohio Auditor of State David Yost

10:00-10:15 Break

10:15-11:15 Township Law Update 2013
Survey of changes in township law in 2013 from case law, opinions of the Ohio Attorney General and legislation, particularly HB 59, the biennial Budget Bill.
Rebecca C. Princehorn, Partner
Bricker and Eckler, LLP

11:15-12:00 Construction Delay Claims – Is Time Always Money?
This presentation will describe the nature and types of delay claims on construction projects, provide an overview of the process for analyzing whether such a claim is legally valid and for evaluating the alleged damages, suggest procedures for reducing the risk of such claims, and discuss Ohio law that can be useful to public owners who may be faced with such claims on their projects.
Jack Rosati, Jr., Partner
Bricker and Eckler, LLP

12:00-1:30 Awards Luncheon (PAs and APAs only)

1:30 - 2:00 Ohio Board of Tax Appeals – Agency Update for County Prosecutors
Discussion will include the impacts of the signing of HB 138 on 7/11/2013, which enacted changes to the operations to the Ohio Board of Tax Appeals (R.C. 5703.02, 5717.01-5717.04) and amendment to the agency’s rules (the law and agency rule changes became effective 10/9/2013). Primary topics will include the implementation of a small claims case docket at the BTA, revision to case management schedules and deadlines, operational changes related to hearings at the agency, and the emergence of third-party filing firms for BTA appeals.
A.J. Groeber, Executive Director and
Bradford P. Arnold, Chief Attorney Examiner
Ohio Board of Tax Appeals

2:00-2:30 Retaliation Laws
This presentation will address the various forms of retaliation. While many employers are aware of the potential retaliation claims arising out of discrimination and harassment claims, some employers do not focus on the many other forms of retaliation, including: ADA, Worker’s Compensation, FMLA, Affordable Care Act, whistleblower statutes, and more. This presentation will highlight the types of retaliation employers should take note of, as well as, provide guidance on how to avoid retaliation.
Marc A. Fishel, Partner
Fishel, Hass, Kim, Albrecht, LLP

2:30-2:45 Break

2:45-3:45 Election Law: Looking Back and Moving Forward
Discussion will begin with an overview of the structure of how elections are run in the state including the interactions between the 88 boards of elections, secretary of state’s office and prosecuting attorney offices. Then we will look back over the last few years to statutory changes and cases that impact elections. Finally we will look forward to the election items that will likely be at the forefront for boards of election in 2014 including reorganization, initiatives and referendum and minor parties among other issues.
Betsy Luper Schuster, Chief Elections Counsel
Office of Ohio Secretary of State Jon Husted

3:45 - 4:45 Affordable Care Act
This presentation will include a review of the statutory and regulatory requirements of the Affordable Care Act with emphasis on the impact of the law on counties. Focus will be on issues including the employer mandate, the individual mandate, minimum essential benefits under the law and affordable benefits under the law as well as addressing the implication of various statutory definitions. The session will also address the obligations of county entities in complying with the law.
Marc A. Fishel, Partner
Fishel, Hass, Kim, Albrecht, LLP

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

FRIDAY, DECEMBER 6

8:00-9:00 Registration and Continental Breakfast (PAs and APAs only)

Combined Track

9:00-10:00 Professionalism Dos and Don’ts for Prosecutors
The integrity of our criminal justice system depends, in large part, upon the professionalism of the lawyers who prosecute criminal matters on behalf of the state and the defense attorneys who defend the accused. In a criminal matter, the rights of the victim, the protection of the public, and the liberty of the defendant are at stake. Considering the importance of these interests, perhaps nowhere in the practice of law is it more important for attorneys to act with professionalism and to serve our system of justice honorably.
Judge Michael P. Donnelly
Cuyahoga County Common Pleas Court and
Lori L. Keating, Esquire
Supreme Court of Ohio Commission on Professionalism

10:00-10:15 Break

10:15-11:15 Ethics For Prosecutors
The application of the Ohio Rules of Professional Conduct and various decisions thereunder to several ethics issues, including use of social media by jurors, counsel, and the court; candor to the tribunal; statements about the tribunal;

reporting misconduct; Brady v. Maryland and the duty to disclose favorable information, and permissible arguments.
Jonathan E. Coughlan
Disciplinary Counsel
Supreme Court of Ohio

11:15-11:45 Substance Abuse In The Legal Profession
An overview of the ongoing concern of substance abuse among legal friends and co-workers.
Michael Prisley, Assistant Prosecutor
Athens County

11:45-1:15 Lunch and Business Meeting (PAs and APAs only)

Criminal Track

1:15-2:15 Trafficking In Persons and A Synopses of a Successful Prosecution Under 2905.32
Discussion will include a factual background of State of Ohio v. Kevin Donaldson. The issues that arose during preparation for trial will also be discussed. The definition of compulsion and how it was argued in this case will also be discussed.
Angela Canepa, Assistant Section Chief
Office of the Ohio Attorney General Mike DeWine and
Heather Baker, Assistant Prosecutor
Wood County

2:15-2:30 Break

2:30-3:30 Small Loan / Pawnbroker Issues
An overview by the Division of Financial Institutions of the recent changes regarding pawnbrokers and small loan facilities. Current trends in the financial industry and precious metal litigation will also be discussed.
Jeff Angell
Consumer Finance Attorney
Ohio Department of Commerce

Civil Track

1:15-2:15 Tasing Soccer Moms, Police Use of Force and Officer Liability
A soccer mom is stopped for a traffic violation and she gets out of the car to talk to the police officer leaving her child in the car. She refuses to follow the commands of the police officer and he eventually uses his Taser before he places her under arrest. The police use of force often raises issues in the community regarding whether the police used excessive force. This presentation will examine the use of force continuum utilized by police departments, statistics regarding the use of force, and civil liability of police officers.
Philip Bogdanoff
Retired Summit County Assistant Prosecutor

2:15-2:30 Break

2:30-3:30 Employment and Labor Law Update
Presentation will include review of the U.S. and Ohio Supreme Courts, lower courts, EEOC actions and SERB decisions impacting counties and townships.
Jonathan J. Downes
Zashin & Rich Co., LPA

OPAA HAS REQUESTED APPROVAL FOR 10.25 HOURS OF CLE CREDITS. THIS BREAKS DOWN AS FOLLOWS:
7.75 HOURS GENERAL,
1.00 HOUR OF ETHICS,
1.00 HOUR OF PROFESSIONALISM,
AND 0.50 HOUR OF SUBSTANCE ABUSE.

Room rates at the Sheraton at Capitol Square are $135.00 for single, double, or triple. To avoid paying tax, accommodations must be paid for with either an office check or office credit card. Personal payment, even though it will be reimbursed by the office, is not tax exempt by state law. To make reservations, call 800-325-3535. If you prefer to make reservations on line, the link is https://starwoodmeeting.com/Book/OPAAwinter2013. 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 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 Wednesday, November 13th, 5:00 p.m. Check-in time is 3:00 p.m., and check-out time is 12:00 noon. Early check-in and late check-out based on availability. Cancellation Policy: must be cancelled by 4:00 p.m. on day of scheduled arrival to avoid being charged one night’s room and tax as a no-show penalty.

The registration fee for OPAA member counties is $350.00 for both days, and $200.00 if attending one day only. This covers all handout materials, continental breakfasts, breaks, and lunches for PAs and APAs on both days, and the awards banquet for both registrant and guest. Fees for non-members are $700.00 for two days and $400.00 for one day. To help defray the cost of food guarantees which must be made by Monday, December 2, cancellations of registrations made after December 1 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 no later than November 22nd.