This year’s Annual Meeting will once again feature criminal and civil tracks. The criminal track will have Richard Wintory back to talk about the United States Supreme Court decisions over the past year; a panel discussion of legislative actions that concern your office; Phil Bogdanoff will give us an update on the speedy trial process and changes that may be in the works; and Ron Clark is back to talk about great cross-examinations and techniques you can use to get the most out of a witness. On the civil law side we will have Becky Princehorn back to update us on the latest township laws; a panel will be covering the latest on land banking and tax foreclosure including best practices; Jack Rosati will discuss the latest developments in dealing with defective construction in your county; Jonathan Downes and Brad Bennett will look at special causes of actions and defenses in public sector employment law and also an update on employment and labor laws; and Ben Albrecht and Frank Hatfield will join us for discipline, cemeteries, and social media issues in the workplace. Of course, we will also have your complete required hours of professional conduct on Friday afternoon.

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, NOVEMBER 30

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

Criminal Track

9:00-10:30 2016 - 2017 Supreme Court Decisions For Trial Dogs
The most recent term of the Court was defined by the politics of the empty seat to be filled. It seemed Cert was granted only on those cases that clear

majorities were likely. The cases decided involved ugly issues that reflected the
mood of the Court. Deadly Force cases on cringeworthy facts, Habeas Cases
Race, mental disability, Brady, double jeopardy all squeezed from the Court decisions that Trial Dogs will have to understand, apply and educate the cops we work with and the judges before whom we practice. This year's update will tackle these cases with our "news you can use!" approach and nary a comment on the Oklahoma/Buckeyes showdown!
Richard M. Wintory
Retired Career Prosecutor
Tucson, Arizona

10:30-10:45 Break

10:45-12:15 Supreme Court Update, continues

12:15-1:45 Awards Luncheon (PAs and APAs only)

1:45-2:45 Legislative Updates for the County Prosecutor
A panel discussion of criminal law legislation broken down into enactments, pending legislation, and what might be on the horizon. After starting with a brief overview of the process and how prosecutors can be more involved at the local level, we will delve into topics such as the current self defense bill, indefinite sentences or other recodification committee ideas that are filtering into the legislature, grand jury reform, bail reform, and what is in the works on the opiate front.
Senator Kevin Bacon, Chairman, Senate Judiciary Committee
Senator Sean O’Brien, Member, Senate Judiciary Committee
Representative William Seitz, Ohio House Majority Floor Leader
Representative Nathan Manning, Chairman, House Criminal Justice Committee
Prosecutor Morris J. Murray, Defiance County
2:45-3:00 Break

3:00-4:30 Ohio’s Speedy Trial Statute, How 91 Days Can Screw Up Your Life
Ohio’s speedy trial statutes, R.C. 2945.71, 2945.72 and 2945.73 implement the constitutional guarantee of a speedy trial. The General Assembly has imposed the “death knell” of dismissal for prosecutors who fail to bring the defendant to trial within 90 days. Therefore, it is crucial that a prosecutor bring the defendant to trial within this 90 day period. In this presentation we will review the requirements of the speedy trial statute and the automatic tolling of time under circumstances described in R.C. 2945.72 that operates to protect the state's ability to adequately prosecute persons who have committed crimes. We will review case law interpreting these tolling provisions in order that prosecutors can properly respond to a motion to dismiss for lack of a speedy trial.
Philip Bogdanoff
Retired Career Prosecutor
Summit 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 Township Law Update 2017
Survey of changes in township law in 2017 from case law, opinions of the Ohio Attorney General and legislation, including the Biennial Budget Bill, HB 49.
Rebecca C. Princehorn, Partner
Bricker and Eckler, LLP
Columbus

10:00-10:15 Break

10:15-11:15 Real Property Tax Foreclosure and Land Banking Practices
An overview of the forfeiture process and best practices of dealing with both tax foreclosure and land banking statutes.
Mary E. Johnson, Chief Counsel Tax Division
Franklin County
Suzanne Cotner Mandros, Deputy Chief Foreclosure Division
Lucas County
David Mann, President
Lucas County Land Bank
Gus Frangos, President and Chief Counsel
Cuyahoga County Land Reutilization Corporation

11:15-12:15 Addressing Defective Construction
This presentation will review the common sources and types of construction defects, the legal and contractual considerations in addressing such defects, the common pitfalls for owners who are faced with such issues, and some practical advice with regard to placing the owner in the best position to pursue its remedies. The presentation will also discuss the differences between design-build-build, construction manager at risk, and design build project delivery models that can affect the owner’s cost and risk of addressing defective construction.
Jack Rosati, Jr., Partner
Construction Law Group
Bricker and Eckler, LLP
Columbus

12:15-1:45 Awards Luncheon (PAs and APAs only)

1:45-2:45 Special Issues in Employment Law for Public Employers
This session will provide practicing attorneys an overview of special remedies, defenses and causes of action that are applicable to public employers in Ohio.
While all employers need to be aware of their obligations and exposure to

traditional employment law claims under statutes such as Title VII, ADA, ADEA and the FLSA, public employers must also be concerned with Section 1983
claims, mandamus actions, and civil service law implications to name a few.
Further, this session will discuss certain defenses that public employers have, such as political subdivision tort immunity, and strategies for defending certain claims in equity and declaratory judgment actions. The session will supply relevant court decisions and legislation.
Brad E. Bennett
Zashin and Rich Co., LPA
Columbus

2:45-3:00 Break

3:00-4:30 Employment and Labor Law Update for County and Local Governments in Ohio
This session reviews recent court decisions and legislation from the past year including federal employment laws, freedom of speech, civil rights, and discipline matters. Statutes addressed include Title VII, ADA, FMLA FLSA, collective bargaining and civil service. Discussion will include the rulings and the practical impact of the developments. SERB decisions and trends in collective bargaining, arbitration decisions, and arbitrations under union contracts will also be presented.
Jonathan J. Downes
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 1

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

Criminal Track

9:00-10:30 Great Cross-Examinations and Techniques: Your Chance to Testify!
Great cross-examinations in history and on film can teach great trial techniques. They provide lessons in what works in a courtroom and what doesn’t. With the aid of famous movie clips of cross-examinations and actual crosses in legendary trials, this highly engaging and instructive seminar explores the best in cross-examination skills and strategies. Course will include: how to identify and select the content for a winning cross;
impeachment strategies and techniques; methods for constructing a

persuasive, storytelling cross; how to successfully cross-examine expert witnesses; construction cross-examinations; demolition cross-examinations;
character and conduct of the effective cross-examiner; crosses in historical trials – Case against 8, O. J. Simpson, Scopes, McMartin Preschool, Zacarias Maussaoui trials among others; and memorable, instructional movie cross-examinations.
Ronald Clark
Distinguished Practitioner in Residence
Seattle University Law School

10:30-10:45 Break

10:45-12:00 Great Cross-Examinations and Techniques continues...

12:00-1:30 Lunch and Business Meeting (PAs and APAs only)

Civil Track

9:00-10:00 When One Comment Changes Everything—Top 10 (or so) Considerations for the Discipline of Public Employees
This presentation will include a review of the general disciplinary principles in the public sector for both bargaining and non-bargaining personnel by reviewing a real life scenario where an employee makes a seemingly harmless statement that is untrue. The session will review disciplinary implications for classified, unclassified, bargaining unit and probationary employees. After discussing the general disciplinary concerns for public employees, procedural concerns associated with investigation and disciplinary process will be reviewed. Finally, information will be shared regarding the impact of certain laws and court decisions associated with settlement agreements and findings by third parties. For example, public records implications of severance agreements; terms to include in last chance agreements; and, the ever-evolving role of the “Brady Cop” will be discussed. In short, the one hour session will address disciplinary concerns for public employers from the date of hire through the aftermath of termination.
Benjamin S. Albrecht, Partner
Fishel, Hass, Kim, Albrecht, Downey LLP
Columbus

10:00-10:15 Break

10:15-11:15 What Happens on the Internet, Stays on the Internet…and May Result in a Lawsuit – Regulating Employee Conduct on Social Media.
News stories are becoming more and more prevalent of employers terminating employees for posting information on social media sites and/or being identified on social media sites attending controversial rallies and events. This presentation will address the importance of public employers adopting a strong public records policy. Discussion will occur regarding the implications of the
1st Amendment to employee discipline for social media use. Updates and case summaries will be provided regarding employee discipline for on-duty and

off-duty use. Finally, discussion will be had regarding social media concerns in the workplace in the future.
Benjamin S. Albrecht, Partner and
Frank D. Hatfield, Partner
Fishel, Hass, Kim, Albrecht, Downey LLP
Columbus

11:15-12:00 Digging up Bones - Revisiting Cemeteries and Indigent Burials
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. Discussion will include a general overview of the obligations that certain public entities have with respect to cemeteries. Discussions will involve determining the obligations of an entity when a cemetery is abandoned. Further, discussion will pertain to the care of monuments, burial sites and the burying of indigent individuals.
Frank D. Hatfield, Partner
Fishel, Hass, Kim, Albrecht, Downey LLP
Columbus

12:00-1:30 Lunch and Business Meeting (PAs and APAs only)

Combined Track

1:45-2:45 Misconduct – Recent Disciplinary Cases from Both Sides of the Aisle (Professional Conduct)
An overview of the office of Disciplinary Counsel, along with a look at the rules of professional conduct that most often are violated by attorneys. We will also look at recent disciplinary cases involving misconduct by both prosecutors and defense counsel.
Scott J. Drexel, Disciplinary Council
Supreme Court of Ohio

2:45-3:00 Break

3:00-4:30 Professionalism Dos and Don’ts for Prosecutors (Professional Conduct)
Recognizing that 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, the Supreme Court of Ohio Commission on Professionalism has published a list of “dos and don’ts” intended to guide criminal law practitioners. Through this panel discussion, a prosecuting attorney, criminal defense attorney, and a common pleas judge will explore the practical application of these standards, identifying behaviors that exemplify the high professionalism standards set for
prosecutors, behaviors that fall below the bar, and how those actions bolster or undermine the public’s confidence in Ohio’s criminal justice system. Judge David C. Young, Franklin County Common Pleas
Prosecutor Paul A. Dobson, Wood County
Ian N. Friedman, Esquire
Martha Asseff, Attorney Services Counsel
Supreme Court of Ohio

We have requested CLE approval for 10.75 hours of instruction, which includes 2.5 credit hours of professional conduct.

Room rates at the Hilton Downtown Columbus are $147.00. 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 Wednesday, November 8th. 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. Parking rates: valet $24.00, self park $20.00.

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 24 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 (mail, fax, email) so that they arrive no later than Wednesday, November 22nd.