NOTE 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 George Washington professor Stephen Saltzburg in to update us on the latest Supreme Court cases of interest; We’ll dig in to the usefulness of the Stored Communication Act and how it can be used to aid in your investigations; we will be looking at the Ohio Criminal Forfeiture Law; courtroom testimonial aids; and we are having Aequitas back to talk about forfeiture by wrongdoing and also ethical considerations in gender-based violence. On the civil side we will be discussing new developments with ADA, FMLA, and workers comp; competitive bidding; dealing with the Board of Tax Appeals; civil forfeiture; county human services levies, workplace violence, harassment, and discrimination. 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 email address with the registration, as it is needed to forward the access credentials.

THURSDAY, DECEMBER 3

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

Criminal Track

9:00 - 10:30 U.S. Supreme Court Update
Recent decisions on constitutional decisions, federal criminal statutes, habeas corpus, immigration, and other items of interest from the United States Supreme Court.
Stephen A. Saltzburg
Wallace and Beverley Woodbury University Professor
George Washington University School of Law
Washington, D.C.

10:30 - 10:45 Break

10:45 - 12:00 Supreme Court Update, continued

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

1:30 - 2:30 Prosecuting With Help From The Stored Communications Act
Most offenders use mobile phones, laptop computers, and network servers in the course of everyday life, and fortunately, while committing their crimes. In some cases, computers provide the means of committing crime. In other cases, computers merely serve as convenient storage devices for evidence of crime. Indeed, virtually every class of crime can involve some form of digital evidence. The dramatic increase in computer-related crime requires prosecutors and law enforcement agents to understand how to obtain electronic evidence stored in computers. Electronic records such as computer network logs, email, word processing files, and image files increasingly provide the government with important (and sometimes essential) evidence in criminal cases. This presentation will provide prosecutors with systematic guidance that can help them understand the legal issues that arise when they seek electronic evidence in criminal investigations. The Stored Communications Act, 18 U.S.C.§§ 2701-2712, governs how investigators and prosecutors can obtain stored account records and contents from network service providers, including Internet service providers (“ISPs”), telephone companies, and cell phone service providers. Brian M. McDonough, Assistant United States Attorney
Northern District of Ohio

2:30 - 2:45 Break

2:45 - 3:45 Ohio Criminal Forfeiture Law
An overview of the criminal forfeiture laws in Ohio including contraband involved in a offense, proceeds derived from or acquired through the commission of an offense, and other situations that you can utilize the Ohio forfeiture law statute.
Maureen C. Yuhas, Assistant Attorney General
Criminal Justice Section
Office of Ohio Attorney General Mike DeWine

3:45 - 4:45 From Barney to Lassie: Understanding the Benefits and Pitfalls of Testimonial Aids
Pursuant to Evid.R. 611(A), trial courts have the power to control the presentation of evidence, specifically as it goes toward protecting witnesses from harassment or undue embarrassment. This protection is more critical when it comes to child witnesses of sexual abuse. In that regard, courts both within Ohio and across the country have allowed for a variety of testimonial aids at trial to ease the stress upon these most fragile of witnesses. This presentation will discuss those aids and how they have been useful in helping the child witness.
David T. Harold, Assistant Prosecutor
Wood County

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 The Intersection of the Americans with Disabilities Act, the Family and Medical Leave Act and Workers' Compensation: Managing Disabilities.
Employers today are required to operate their businesses under a variety of regulations stemming from a multitude of laws governing the workplace. In fact, common workplace occurrences raise difficult questions under several different laws. One such occurrence is when an employee requests a leave of absence for an illness or an injury. If such a request is not handled properly, an employer could face liability under statutes including the Americans With Disabilities Act, the Family and Medical Leave Act, and Workers’ Compensation laws. For employers with a unionized work force, the situation could be further complicated by a collective bargaining agreement. Unfortunately, working with these laws together is often akin to assembling a jigsaw puzzle--all the pieces must be used, but it is not always apparent how they fit together. Because there are several different factors which an employer must analyze when employees request leaves of absence, it is imperative to utilize a multi-track analysis that considers all of the relevant laws. This outline illustrates a number of important areas of overlap and identifies pragmatic approaches for utilizing this multi-track analysis.
Jonathan J. Downes
Zashin and Rich Co., LPA

10:00 - 10:15 Break

10:15 - 11:15 Construction Issues - Competitive Bidding and Construction Reform
Attendees will learn the legal requirements that Counties must follow for lawful construction contract awards. Prosecutors will receive practical tips for analyzing competitive bids challenges and the litigation that can result. Recent developments including “Quality Contracting Standards” and “Best Value” selection of design-builders and construction managers will also be discussed.
Donald W. Gregory, Director and Chairman
Construction Law Practice
Kegler, Brown, Hill and Ritter, LPA

11:15 - 12:00 How to Effectively Practice in Front of the Board of Tax Appeals
Discussion will include a review of the recent Ohio Supreme Court case Ginter v. Auglaize County Board of Revision, and the impact the case on the local practice. We will also discuss common jurisdictional motions and what materials should support the motion. Finally, we discuss the Board’s proposed rules on e-filing.
Kathleen M. Crowley, Executive Director and
Samantha Cowne, Chief Attoney
both of the Ohio Board of Tax Appeals

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

1:30 - 2:30 Civil Forfeiture Update
An overview of the civil forfeiture laws and pending legislation that may try to do away with them in the future.
Gerard T. Yost, Assistant Prosecutor and
Anthony P.A. Rich, Assistant Prosecutor
Both of Stark County

2:30 - 2:45 Break

2:45 - 3:45 County Human Services: Bond and Levy Overview
Survey of authorization for bonds and property tax levies for county human services agencies, with particular emphasis on the role of the board of county commissioners.
Rebecca C. Princehorn, Partner
Bricker and Eckler, LLP
Columbus

3:45 - 4:45 Hoping for Bunnies, but Preparing for Bears: Responding to Bullies and Allegations/Threats of Workplace
This presentation will review strategies for allowing public employers to successfully prepare and avoid instances of bullying and violence in the workplace. The session will begin by identifying both bullying behavior in the workplace, as well as, policies and responses that should be taken by employers when faced with a bully. Additional discussion will be provided regarding bullying behavior when employees are off-duty and/or using social media. Finally, the presentation will address the impact of workplace violence, as well as, guidance as to how threats can be minimized. Case studies will be provided as to the appropriate responses to take within the workplace when faced with bullying and violence.
Benjamin S. Albrecht, Partner
Fishel, Hass, Kim, Albrecht, 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 - 10:30 Professionalism for Prosecutors (Professional Conduct)
This course will feature scenarios illustrating common professionalism challenges for prosecutors. A panel consisting of a common pleas judge, a criminal defense attorney, and a prosecutor will share their views and encourage input from attendees as to how to respond to the day-to-day challenges and frustrations of the job in a professional manner. The discussion will incorporate ideas from the Supreme Court of Ohio Commission on Professionalism’s Dos & Don’ts for Prosecutors & Defense Attorneys, as well as A Lawyer’s Creed and A Lawyer’s Aspirational Ideals.
Lori L. Keating, Esquire
Secretary, Commission on Professionalism, Supreme Court of Ohio
Judge Richard Collins, Jr., Lake County Common Pleas Court
Carol O'Brien, Prosecutor, Delaware County
Jay Milano, Senior Partner, Milano Law, Cleveland, Ohio9:00 - 10:00 Disorder in the Court: A Prosecutor’s

10:30 - 10:45 Break

10:45 - 11:45 Guide to Judicial Misconduct Part Two (Professional Conduct)
Last year we discussed the Rules of Judicial Conduct. However, several prosecutors indicated that they would like to discuss cases where the judicial misconduct was not so flagrant. This year we will discuss new cases of Judicial Misconduct and review the procedures for reporting judicial misconduct. 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. The goal of the presentation is to give prosecutors a working knowledge of the Rules of Judicial Conduct and how to report a judicial misconduct.
Philip Bogdanoff
Retired career prosecutor, Summit County

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

Criminal Track

1:15 - 2:15 Countering Witness Intimidation: Forfeiture by Wrongdoing
Witness intimidation and manipulation factor into almost every domestic violence prosecution. Abusers engage in these tactics because they often work. When witness intimidation is successful, victims decline to participate in the prosecution, they minimize the abuse on the witness stand, or they testify on behalf of the abuser. But what if we eliminate the payoff for the would-be intimidator? Coordinated efforts by police, prosecutors, and advocates in the form of safety planning, expedited prosecution, victim education, and other strategies can reduce the opportunities for intimidation, thereby increasing the likelihood that victims will feel safe testifying in court. And prosecution strategies, from charging intimidation-related offenses to filing motions to admit out-of-court statements by victims who have been intimidated into silence, can actually increase the likelihood of conviction and the penal consequences for the intimidator. This training will include a brief review of confrontation law under Crawford and its progeny, and focus on forfeiture by wrongdoing as a solution in the case of witnesses who are unavailable for trial due to the offender’s wrongful conduct.
Teresa M. Garvey, J.D.
Attorney Advisor
Aequitas: The Prosecutors’ Resource on Violence Against Women

2:15 - 2:30 Break

2:30 - 3:30 Considerations For Prosecutors In Gender-Based Violence Cases
A prosecutor is “the servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffer. . . . It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one." Berger v. United States, 295 U.S. 78, 88 (1935). Achieving justice in domestic violence cases requires prosecutors to have a firm grasp of their legal obligations as well as their ethical responsibilities throughout each stage of the criminal justice process. Gender-based violence cases present unique ethical challenges related to victim privacy and confidentiality, prosecutorial discretion, recantation, and disclosure of evidence. This presentation will address the ethical considerations outlined above in the context of charging decisions, immunity, compulsion of victim testimony, and the investigative function of a prosecutor. The presenter will use hypothetical case scenarios to challenge prosecutors to evaluate their decision-making in the context of ethical rules and principles.
Teresa M. Garvey, J.D.
Attorney Advisor
Aequitas: The Prosecutors’ Resource on Violence Against Women

Civil Track

1:15 - 2:15 Dealing with the Discriminating and Harassing Employee
The purpose of the presentation is to review the legal basis and rationale for prohibiting unlawful discrimination and harassment in the workplace. Various types of discrimination and harassment prohibited by both federal and Ohio law will be discussed, including: race, color, religion, sex, national origin, disability, age, military and ancestry. Additionally, the risk of retaliation claims stemming from a charge of discrimination will also be reviewed. The importance of updating and training employees regarding a public employer’s policy prohibiting discriminating and harassing behavior will be emphasized. Marc A. Fishel, Partner and
Benjamin S. Albrecht, Partner
Fishel, Hass, Kim and Albrecht, LLP
Columbus

2:15 - 2:30 Break

2:30 - 3:30 Marriage Equality: Implications for Employers
Now that the United States Supreme Court has ruled that same sex marriage is protected by the Constitution, public employers must begin understanding the impact that the Court’s ruling could have on the workplace. This presentation will address the employment benefits to be provided to all employees. Further, transgender, gender identity and discrimination/harassment issues will be discussed. The presentation will also present information on the impact, if any, that the Supreme Court’s ruling have on collective bargaining. Finally, the presentation will conclude with a discussion regarding policies and/or policy revisions that public employers may wish to consider implementing.
Marc A. Fishel, Partner and
Benjamin S. Albrecht, Partner
Fishel, Hass, Kim and Albrecht, LLP
Columbus

OPAA HAS REQUESTED APPROVAL FOR 10.25 HOURS OF CLE CREDITS.
THIS BREAKS DOWN AS FOLLOWS:
7.75 HOURS GENERAL,
2.5 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.

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. 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 2nd. 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.

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.