NOTE CHANGED LOCATION!
We will be at the Hilton on North High Street, not the Sheraton On Capitol Square.

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; The State Auditor will be joining us to discuss public corruption issues. We will also be covering CDL reporting; wrongful imprisonment issues; child pornography investigations; and the Electronic Communication Protection Act. The civil track will include FMLA; employment law; bankruptcy; public records; a township law update; and a construction contracts law update. Of course, we will also have the required hours of professional conduct 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 we are not familiar with the Wi-Fi connection at the Hilton. Please include each registrant’s e-mail address with the registration, as it is needed to forward the access credentials.

THURSDAY, DECEMBER 4

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

Criminal Track

9:00-10:30 Supreme Court Update For Trial Dogs
This presentation will discuss those cases decided by the Supreme Court in its most recent term from the perspective of prosecutors working primarily in trial courts, with law enforcement and occasionally handling appellate or legislative matters. Cases this term involved significant free speech issues in criminal prosecution, and a number of historic Fourth Amendment holdings impacting privacy and police authority to search and seize evidence. Sixth Amendment right to counsel, plea bargaining cases provide critical clarification to Missouri v Frye and Cooper v Lafler. The Court radically revised the holding and application of Atkins v Virginia and the impact of IQ tests in capital cases. Finally, a double jeopardy case that creates a real trap for trial dogs will be discussed.
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 Child Pornography Investigations and Charging Decisions
This presentation will provide an overview of the best practices in child pornography investigations, demonstrating for attendees what should be expected from such investigations in their jurisdiction, and how investigations done well naturally flow into the most efficient and effective ways to charge child pornography offenses under the Ohio code. The discussion will continue with a look at the several statutes that can be used to charge child pornography offenses, and how to confront and overcome some of the common defenses through initial charging decisions and basic computer forensic evidence. Several case studies will be presented in order to demonstrate points raised during the presentation.
A. Brant Cook, Director, Crimes Against Children - BCI
Ohio Attorney General Mike DeWine’s office

2:30-2:45 Break

2:45-3:45 Public Corruption and Crimes against the Public Fisc: Resources and Tactics
This presentation will focus on cases in which the Auditor of State’s Audit Staff and Special Investigations Unit is working with local, state and federal agencies, and the successful tactics/methodology employed from investigation of a complaint through verdict.
David Yost, Ohio Auditor of State

3:45-4:45 Big Trucks = Big Trouble in Little China (aka courtrooms)
This presentation will provide prosecutors with information on the issues they frequently face when dealing with commercial truck drivers as defendants in their court rooms. The class will discuss the potential ethical issues prosecutors face in plea bargaining cases where defendants hold a CDL, issues affecting defendants’ decisions when they are attempting to plea bargain their criminal cases, and provide prosecutors with information regarding a new type of discoverable investigative reports involving commercial truck drivers written by Ohio DPS Licensing and Commercial Standards investigators. These previously unknown investigative reports frequently have been found to include party-opponent admissions and/or potentially exculpatory Brady information for defendants. Prosecutors’ lack of knowledge of, and failure to provide proper discoverable presentation to defense counsel, of these reports, will cause Big Trouble in Little China (aka Your Courtroom). This class will teach prosecutors how to make certain they received a copy of the report - if one exists, and therefore how to prevent any Brady challenges in cases which involve defendants who have a CDL.
Christina E. Haselberger, Traffic Safety Resource Prosecutor
Ohio Department of Public Safety

6:00-7:00 Welcoming Reception

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

9:00-12:00 Hospitality Suite

Civil Track

9:00-10:00 Public Records
Update on public records cases from 2013 and 2014.
Amy B. Ikerd, Assistant Prosecutor
Mercer County

10:00-10:15 Break

10:15-12:00 May I Have a Copy of That?...Employee Privacy Rights and Constitutional Concerns in the Public Workplace
This presentation will include a review of the general constitutional protections provided to public employees in the workplace. The session will begin by addressing the importance of implementing and adhering to policies that may raise employee concerns regarding their “right to privacy.” During the presentation, an emphasis will be placed on employee privacy concerns relative to off-duty conduct, technology and equipment usage, drug testing and access to information during internal investigations. In general, the session will address what types of information an employer may require and/or access from a public employee.
Marc A. Fishel, Partner and
Benjamin Albrecht, Partner
Fishel, Hass, Kim, Albrecht, LLP

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

1:30-2:30 Government Claims In Bankruptcy Cases -The Claims Game
How and when to file claims or take other actions to protect the right to receive distributions or payments. Administrative, priority, and secured claims; conversion to Chapter 7 issues; assessment of interest and penalties during bankruptcy; discussion of differences between bankruptcy chapters and treatment of real property taxes.
David M. Whittaker, Partner
Bricker and Eckler, LLP
Columbus

2:30-2:45 Break

2:45-3:45 Township Law Update 2014
Survey of changes in township law in 2014 from case law, opinions of the Ohio Attorney General, and new/emerging legislation.
Rebecca C. Princehorn, Partner
Bricker and Eckler, LLP
Columbus

3:45-4:45 Construction Contracts - Who’s Who?
The differences between General Contracting, Construction Manager at Risk, and Construction Manager as Agent are significant, but not well understood by many owners. This confusion is exacerbated by some of the promotional information provided by entities that provide these services. This presentation will discuss the differences between these three delivery models and the relative risks and benefits of each.
Jack Rosati, Jr., Partner
Bricker and Eckler, LLP
Columbus

6:00-7:00 Welcoming Reception

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

9:00-12:00 Hospitality Suite

FRIDAY, DECEMBER 5

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
Lori L. Keating, Esquire
Supreme Court of Ohio Commission on Professionalism
Ian N. Friedman, Principal
McCarthy, Lebit, Crystal & Liffman, Co., L.P.A.

10:00-10:15 Break

10:15-11:45 Disorder in the Court: A Prosecutor’s Guide to Judicial Misconduct (Ethics)
Rule 8.3 (b) of the Ohio Rules of Professional Conduct indicates that an attorney who possesses unprivileged information that a judge has violated the Ohio Rules of Judicial Conduct shall inform the appropriate authority. Rule 8.4(f) of the Ohio Rules of Professional Conduct indicates that it is professional misconduct for a lawyer to knowingly assist a judge in conduct that is a violation of applicable rules of judicial conduct or other law. Further, the Ohio Supreme Court’s Commission on Professionalism has published a “Do’s and Don’ts” on Judicial Professionalism. Therefore it is incumbent for every prosecutor to be familiar with the rules of Judicial Conduct and the type of conduct that is to be expected from the bench. In this presentation prosecutors will gain a working knowledge of the Rules of Judicial Conduct and we will review recent ethical decisions where judges were disciplined for ethical misconduct.
Philip Bogdanoff
Retired Career Prosecutor

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

Criminal Track

1:15-2:15 Wrongful Imprisonment – where is it today?
This discussion will include a brief history of the legislative construction of the wrongful imprisonment statute, R.C. § 2743.48 as well as the 1989, 2003 and 2012 amendments to Sections A and B. In addition, the Ohio Supreme Court’s holdings in Doss v. State, 135 Ohio St.3d 211 (2012); Dunbar v. State, 136 Ohio St.3d 181 (2013); Mansaray v. State, 138 Ohio St.3d 277 (2014) as they apply to R.C. § 2743.48(A)(2) and (A)(5) will be compared to anticipated Ohio Supreme Court rulings in C.K. v. State, 139 Ohio St.3d 1483 (2014) and Bundy v. State, 138 Ohio St.3d 1492 (2014).
Debra L. Wehrle, Senior Assistant Attorney General
Ohio Attorney General Mike DeWine’s office and
Brian R. Gutkoski, Assistant Prosecutor
Cuyahoga County

2:15-2:30 Break

2:30-3:30 Electronic Communication Protection Act, GPS, and Cr. Rule 41
An overview of the privacy and intrusion constitutional issues and how they interact with subpoena, court orders, and warrants and the ECPA. We will also be discussing GPS issues and effects of recent changes to Crim. R. 41.
Seth Gilbert, Assistant Prosecutor, Franklin County

Civil Track

1:15-2:15 Social Media: Improving Employee Efficiency by Reducing Time Spent on Facebook and Updating Fantasy Football Rosters
This presentation will address the concerns of public employers regarding the usage of social media. Discussion will begin regarding the adoption of a social media policy. Initial emphasis of the session will address the employee use of social media both during working hours and during non-working hours. Additional discussion will occur regarding the employer’s effective and permissible use of social media. Finally, the session will conclude by discussing concerns related to employee discipline.
Marc A. Fishel, Partner and
Benjamin Albrecht, Partner
Fishel, Hass, Kim, Albrecht, LLP

2:15-2:30 Break

2:30-3:30 Managing Absenteeism: Employee Attendance and Leave Laws
This presentation will focus on responding to employee attendance issues. Information will be provided regarding the importance of implementing and consistently following leave policies. Emphasis will be placed on the Family and Medical Leave Act, Americans with Disabilities Act, Workers’ Compensation, and Ohio leave laws. Further, additional discussion will occur regarding the role of collective bargaining provisions. The session will also address the importance of maintaining accurate job descriptions and the disability separation process.
Marc A. Fishel, Partner and
Benjamin Albrecht, Partner
Fishel, Hass, Kim, Albrecht, LLP

OPAA HAS REQUESTED APPROVAL FOR 10.25 HOURS OF CLE CREDITS.
THIS BREAKS DOWN AS FOLLOWS:
7.75 HOURS GENERAL,
2.50 HOURS PROFESSIONAL CONDUCT.

NOTE: If any registrant, or guest, has special dietary needs, please contact Delores at 614-221-1266, so that advance arrangements can be made. OPAA will accommodate requests as long as they can be supplied by the venue without additional cost. Any additional cost must be borne by the registrant and they will be notified in advance.

The registration fee for OPAA member counties is $375.00 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 welcoming reception, awards banquet, and hospitality suite for both registrant and guest. Fees for non-members are $750.00 for two days and $400.00 for one day. Cancellation of registrations made after Friday, November 28 will be assessed a penalty of $200.00 if attending both days, and $125.00 if attending one day only. This is necessary to help defray the cost of food guarantees which must be made by that time. Please send registrations to OPAA no later than November 24th.

Room rates at the Hilton Downtown Columbus are $145.00. 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. When making reservations, the first night will be charged to your credit card at the time the reservation is made. To make reservations, call 614-384-8600. 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 Monday, November 3rd. 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. Cancellations must be made 24 hours prior to scheduled check-in time in order to receive a refund.