This year’s Annual Meeting will once again feature civil and criminal tracks. The criminal track will have George Washington professor Stephen Saltzburg back to update us on the latest United States Supreme Court cases of interest; we’ll continue our look at technology with a presentation by the Internet Crimes Against Children taskforce; we will take a look at pre- and post-indictment delay; an overview of OPERS and prosecuting cases involving public officials; and a re-introduction to the AG’s Elder Abuse Commission. On the civil law side we will be discussing new developments with recent law affecting sheriff’s sales; a myriad of employment law discussions; public records; township law; and the always relevant sewage treatment facility issues! Of course, we will also have your 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 never know what kind of Wi-Fi connection is going to be present at the Hilton. Please include each registrant’s email address with the registration, as it is needed to forward the access credentials.

THURSDAY, DECEMBER 8

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, continues

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

1:30-3:00 Prosecuting Online Child Exploitation Cases This session will provide an overview for prosecutors handling cases involving the online exploitation of children. These crimes include online child enticement, child pornography, and the sexual abuse of children. This session will cover tips for drafting of search warrants for electronic devices and internet service providers, including recent case law updates. We will review how to appropriately charge these cases. We will also cover strategies for sentencing, particularly how to overcome misconceptions that child pornography cases are victimless crimes.
Holly Welsh, Assistant Prosecutor, Cuyahoga County
Director of Prosecutions for the Ohio Internet Crimes Against Children Task Force

3:00-3:15 Break

3:15-4:30 Pre- and Post-Indictment Delays, Statutory Speedy Trial and Statutes of Limitations
The time within which a defendant must be brought to trial is a multi-layered consideration and involves a number of interrelated issues presenting differing legal standards and applications. This presentation will consider the complex and related issues involving Sixth Amendment and Ohio Constitutional rights to a speedy trial, as well as the nuances associated with pre- and post-indictment delays in prosecution. The discussion will then turn to the separate concern of statutory speedy trial rights, and the relationship of speedy trial rights and fast and speedy requests made by incarcerated defendants. The presentation will conclude with a discussion of the statute of limitations associated with criminal offenses and the tolling of the limitations period.
Judge Mary Katherine Huffman
Montgomery County Court of Common Pleas

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 Township Law Update 2016
Survey of changes in township law in 2016 from case law, opinions of the Ohio Attorney General, and legislation, including the bills relating to the Mid-Biennium Budget Review and HB 413, the township omnibus bill.
Rebecca C. Princehorn, Partner
Bricker and Eckler, LLP
Columbus

10:00-10:15 Break

10:15-11:15 Going Once, Going Twice, Sold! – Changing Sheriff's Sale and Foreclosure Procedures
Foreclosure procedures, sheriff's sales, and commercial paper law are changing under HB 390, signed into law earlier this year. This session will provide an overview of the system before and after its enactment and highlight the new role of the public sheriff's sale website and private selling officers.
Benjamin S. Albrecht, Partner and
Frank D. Hatfield, Partner
Fishel, Hass, Kim, Albrecht, Downey LLP
Columbus

11:15-12:00 Public Records Law – Changing Directions
This session will review the new Court of Claims complaint process as implemented by SB 321, along with a review of recent case law.
Amy B. Ikerd,Assistant Prosecutor
Mercer County

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

1:30-2:45 FMLA & ADA: Interactive Process, Accommodations, Leaves & Building The Defense For Litigation
Common workplace occurrences often raise difficult questions under several different laws. An employer could face liability under statutes including the Americans With Disabilities Act and the Family and Medical Leave Act. For employers with a unionized work force, the situation could be further complicated by a collective bargaining agreement. This presentation illustrates a number of important areas of overlap and identifies pragmatic approaches for utilizing this multi-track analysis to remain in compliance and reduce exposure to lawsuits.
Jonathan J. Downes and
Brad E. Bennett
Zashin and Rich Co., LPA
Columbus

2:45-3:00 Break

3:00-4:30 The Employment Litigation Easy Button: Preparing For And Protecting Employer’s Interests
The threat of employment and labor law claims continue to shadow today’s employers. Often, employers aren’t sure what to expect or what documentation they should be creating/keeping until after a lawsuit has been initiated. This session will shed light on the typical employment litigation process and provide guidance into practices that can provide a valuable defense to employment litigation.
Jonathan J. Downes and
Brad E. Bennett
Zashin and Rich Co., LPA
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 9

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

Combined Track

9:00-10:00 Ethics For Prosecutors (Professional Conduct)
Failing to correct false testimony in the grand jury; failure to disclose impeachment information about a Grand Jury witness; conflicts for prosecutors engaging in private practice; prosecutor providing testimony in case his/her office is prosecuting; representing different state agencies that are opposed to each other; negotiating plea agreements that includes waiver of appellate issues; does defense counsel have any duty to notify the court of error?; disclosure of favorable evidence to the defense; new ways to encourage an ethics investigation. Sounds like a full hour! These issues will be examined from the perspective of Supreme Court Board Opinions, court decisions and the Ohio Rules of Professional Conduct.
Jonathan E. Coughlan, Director
Professional Responsibility and Disciplinary Proceedings
Kegler, Brown, Hill and Ritter
Columbus, Ohio

10:00-10:15 Break

10:15-11:45 Why Attorneys Strike Out: Professionalism In Sports and The Legal Profession.
There are unwritten rules of professionalism in baseball based upon respect for the game. One of these rules is that you do not break up a no hitter by bunting in the ninth inning. However, in the legal profession, courts have noted a lack of professionalism and civility among attorneys even though these traits are the mainstays of our profession and the foundations upon which lawyers practice law. In this interactive presentation, attorneys will learn the unwritten rules of professionalism in baseball and other sports and whether these same concepts of professionalism can apply in the legal profession. We will discuss Ohio’s rules of professionalism, how to deal with difficult attorneys and how to improve professionalism in our daily practice of law.
Philip D. Bogdanoff
Retired career prosecutor, Summit County

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

Criminal Track

1:15-2:15 OPERS – Law Regarding OPERS’ Members and How To Seek Restitution on Behalf of Public Employers
This presentation is an overview of a newly released guide for prosecutors which will include instructions on how to notify OPERS of indictments for theft in office and how to "freeze" the OPERS accounts of indicted members. We will also detail the conditions under which restitution can be withheld from an offender's account, and under which a judge is required to issue an order for pension forfeiture, which happens when a person is convicted of bribery, a pattern of corrupt activity or other violations while in a "position of honor, trust or profit”.
Julie E. Becker, General Counsel
Laura E. Parsons, Associate Counsel
Lauren N. Gresh, Associate Counsel
Ohio Public Employees Retirement System

2:15-2:30 Break

2:30-3:30 Elder Abuse Commission – A Re-Introduction
In 2009, the Attorney General’s Elder Abuse Commission was established to improve education efforts, boost research, and raise awareness. The Commission will provide a forum for improving elder justice throughout the state in addition to identifying funding, programming needs, and finding solutions.
Jonathan D. Blanton, Chief – Consumer Protection Section
The Office of Ohio Attorney General Mike DeWine
Sylvia Pla-Raith, Lead Staff Member
Ohio Attorney General’s Elder Abuse Commission
and Director Elder Justice Initiative

Civil Track

1:15-2:15 No Catchy Titles, It Is What It Is – FLSA
New regulations regarding overtime pay become effective December 1, 2016 which will impact an estimated 4.2 million workers. In 2015, the Department of Labor conducted almost 22,000 investigations recovering over $246 million in back pay for more than 240,000 employees. As a result of the new regulations and persistent concerns regarding the application of the FLSA, employers must be aware of their obligations under the FLSA, as well as their rights during any Department of Labor investigation to minimize the risk of liability. This session will help to reduce apprehension related to the FLSA.
Benjamin S. Albrecht, Partner and
Frank D. Hatfield, Partner
Fishel, Hass, Kim, Albrecht, Downey LLP
Columbus

2:15-2:30 Break

2:30-3:30 Flush Away Sewage Problems: Sewage Treatment Rules and Local
Government
The Ohio Department of Health's 2015 sewage rule changes marked the first update since 1977. This session will provide an overview of rules for Ohio sewage systems and the role of local boards of health.
Benjamin S. Albrecht, Partner and
Frank D. Hatfield, Partner
Fishel, Hass, Kim, Albrecht, Downey LLP
Columbus

WE HAVE REQUESTED APPROVAL FOR 10 HOURS OF CONTINUING LEGAL EDUCATION CREDIT WHICH WILL INCLUDE 2.50 HOURS ATTORNEY PROFESSIONAL CONDUCT INSTRUCTION.

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, accommo- dations 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 Sunday, November 6th. 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, December 2 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 Friday, November 25th.