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2014 OPAA SUMMER WORKSHOP
Hotel Breakers, Cedar Point June 20-21, 2013
It’s time to register for OPAA’s Summer Workshop. Thursday will consist of Committee Meetings in the afternoon, and a Welcoming Reception in the evening. Friday will be training in the a.m., the golf outing at Thunderbird Hills South Course in the afternoon, and Family Cookout in the evening. Saturday morning is the Family Breakfast Buffet, and a.m. training. Cedar Point and Soak City discount tickets will be on sale during registration hours Thursday through Saturday. The training program will offer both criminal and civil tracks on Friday and Saturday mornings.
The member registration fee of $300.00 ($600.00 for ALL non-members) includes all training, handout materials, Friday’s continental breakfast, and all breaks for registrants. In addition, it includes the Thursday Welcoming Reception, Friday All American Cookout (we’re changing things up a bit), and Saturday Family Breakfast Buffet for registrant and members of the registrant’s immediate family (see details on next page). In the event of cancellations after June 1st the assessment will be $150.00, to partially cover the cost of meals which will have been guaranteed by that date. Please return the training registration form to OPAA by June 1st – earlier if possible. If a registrant is only attending one day, the registration fee is $175.00 ($350.00 for ALL non-members), with an assessment of $110.00 for cancellations after June 1st.
Complete details of activities appear in the Activities Section of this mailing. Please provide each person registered with a copy of the Activities Registration Form and request that they complete and return it to OPAA no later than June 1st. Failure to submit the form could prevent participation in the activities.
BUSINESS MEETING: The business meeting will be held in the Cedar Point Convention Center at 12:00 noon on Saturday, immediately following training sessions.
TAX EXEMPTION FORMS. The Cedar Point hotels require that each person registered have an individual tax exemption form. And, they will accept only their form! There is a copy following the OPAA registration form. The Breakers tells us that if a county has previously filed an exemption form, they will use it the following year. You can be the judge of whether you want to chance them having their records in order, or file a new one! Fax a separate exemption form for each person to the hotel at 419-627-2267 – (NOT OPAA). Past history strongly suggests that it is a good idea to give a copy to each person to take to the seminar.
INFORMATION REGARDING WHO IS, AND WHO IS NOT, TAX EXEMPT. An information sheet from the Ohio Department of Taxation follows the tax exemption form. As it has been explained to OPAA, you can only claim tax exemption if rooms are paid for with an office check or office credit card. If a personal check or credit card is used, with the expectation of later being reimbursed, tax exemption cannot be claimed.
GUEST ROOM RESERVATIONS. The cutoff date for our block of rooms at the Breakers has been extended to Thursday, June 6th. Their phone number is 419-627-2106. Use group code OPAA. If they are not able to accommodate you, they can direct you to the Sandcastle Suites, Castaway Bay, or Breakers Express. These are all Cedar Point properties. Check-in time is 4:00 p.m., and check-out time is 11:00 a.m. If the guarantee is by credit card, I believe the amount is charged to the account immediately – not when the room is used. In the event of cancellation there is a $50.00 penalty, and you must give a 72-hour notice in order to obtain a refund. Be sure to clarify these issues with the hotel, as OPAA cannot accept responsibility for correct information in these areas. If you have additional questions about hotels, give Delores a call (614-221-1266) as she might be able to help. Also, if you have rooms reserved, and find that you will not be using them, please call Delores before canceling, as there is usually a waiting list and if we can redirect the info to someone looking for a room it could save you the cancellation fee – a win-win for all concerned!.
OPAA REGISTRATION DESK. The registration desk will be open 2:00 to 5:00 p.m. on Thursday (Breakers Lobby), and 8:00 a.m. to noon on both Friday and Saturday (Breakers East Conference Center).
GOLF TOURNAMENT. The OPAA Open will be held at the south course of Thunderbird Hills on Friday, June 21st. We have seven tee times beginning at 1:10 p.m. The cost is $41.00, including cart. If you admit to being 62 or over, the senior rate is $38.75, including cart. Payment is to be made to Thunderbird the day of the tournament (NOT TO OPAA)! Tee times remaining after Friday, June 14th, will be released.
WELCOMING RECEPTION. A Welcoming Reception for registrant and immediate family* will be held in the Coral Courtyard from 6:00-7:30 p.m. on Thursday, June 20th. .
FAMILY ALL-AMERICAN COOKOUT. A cookout for registrant and immediate family* (fried chicken, hot dogs, potato salad, baked beans, cookies, ice cream, and Pepsi products) will be held in the Coral Courtyard from 6:00-9:00 p.m. on Friday, June 21st. A cash bar will be available during the cookout.
FAMILY BREAKFAST BUFFET. A breakfast buffet for registrants and immediate family* will be served on Saturday, June 22nd, from 7:00 - 9:30 a.m.
*Participation of registrant and immediate family at the Reception, Dinner, and Breakfast events are covered by each prosecutor’s Summer Workshop registration fee. Additional guests will be accommodated for an additional fee, as follows:
Adults Children
(Includes children 48" or taller) (Ages 3 and older and under 48")
Reception $18.00 $ 10.00
Dinner $13.60 $ 9.80
Breakfast $15.00 $ 9.00
Payment for additional guests is to be made at the time the
activities sheet is returned to OPAA.
CEDAR POINT, SOAK CITY, AND RIDE & SLIDE TICKETS. Discounted tickets may be purchased at the OPAA registration desk. Tickets for use on Wednesday, June 19th, and early Thursday, June 20th can be had by making prior arrangements with Delores at 614-221-1266. Make your request early enough to allow ample time for mailing. See price information in the Activities Schedule. Tickets are valid Wednesday, June 19th through Sunday, June 23rd.
THURSDAY, JUNE 19
2:00 - 5:00 Registration, and Cedar Point, Soak City, and Ride & Slide Ticket Sales
Breakers Lobby
TBA Committee Meetings
6:00 - 7:30 Welcoming Reception (host bar sponsored by Matrix) – Coral Courtyard
FRIDAY, JUNE 20
8:00 - 12:00 Registration, and Cedar Point, Soak City, and Ride & Slide Ticket Sales
Breakers East Conference Center
CRIMINAL TRAINING – Cedar Point Convention Center, 2nd floor
8:00 - 9:00 Continental Breakfast
9:00 - 10:30 Prosecuting Labor Trafficking: Exploitation for the Sake of the Bottom Line
Labor trafficking, involuntary servitude, and debt bondage are crimes that occur at the federal, state, and local level. Victims who are in plain view are difficult to identify as a result of pervasive intimidation while others may be held captive in private residences and businesses across the United States. Trafficking manifests in many areas of the labor market – including but not limited to – manufacturing, agriculture, construction, entertainment, service industries and domestic labor, often overlapping with sexual violence. It is critical to provide victims of labor trafficking with community-based advocacy and support services while allowing law enforcement to focus on holding offender and business entities accountable. The predatory nature of trafficking must inform the process of identifying, investigating, and prosecuting these difficult cases. This presentation will highlight the importance of collaboration with allied professionals to support a victim-centered response and an offender-focused approach. It will also explore a variety of best practices and provide law enforcement and prosecutors with the tools to refine their own strategies.
Viktoria Kristiansson, Attorney Advisor
Aequitas
10:30 - 10:45 Break
10:45 - 12:00 Overcoming the Consent Defense: Identifying, Investigating & Prosecuting the Non-Stranger Rapist
Research shows the vast majority of sex offenders are non-stranger rapists and serial offenders. Non-stranger rapists are adept at creating, identifying, and manipulating perceived vulnerabilities in their victims and ultimately rendering them more vulnerable to attack through the use of premeditated tactics and non-traditional weapons. These offenders also benefit from common misconceptions and false expectations of offenders (e.g., appearance, behavior, use of weapons, etc.) that can result in failure to identify non-stranger rapists who do not meet these expectations. To more effectively identify, investigate, and prosecute non-stranger rapists, prosecutors must overcome their own myths and misconceptions about sexual violence as well as those believed by judges and juries. This presentation will provide a comprehensive overview of sex offenders with an emphasis on non-stranger rapists (e.g., motivations and characteristics, myths and misconceptions, serial and crossover offending, etc.) and focus on strategies for overcoming the unique challenges these offenders present.
Viktoria Kristiansson, Attorney Advisor
Aequitas
6:00 - 9:00 Family Cookout – Coral Courtyard
CIVIL TRAINING – Breakers East Conference Center
8:00 - 9:00 Continental Breakfast
9:00 - 10:00 All Day With The ACA
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. Emphasis will be on the 2014 regulations. The issues that will be discussed include 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 Fishel, Partner
Fishel, Hass, Kim, Albrecht LLC
Columbus, Ohio
10:00 - 10:15 Break
10:15 - 12:00 All Day With ACA continues...
6:00 - 9:00 Family Cookout – Coral Courtyard
SATURDAY, JUNE 22
7:00 - 9:30 Family Breakfast Buffet – Coral Dining Room
8:00 - Noon Registration, and Cedar Point, Soak City, and Ride & Slide Ticket Sales
Breakers East Conference Center
CRIMINAL TRAINING – Cedar Point Convention Center, 2nd floor
9:00 - 10:00 Confrontation over Confrontation, Limits on Restitution, and Intimidating Cops
This presentation is an overview of the criminal cases released from July, 2013 to June, 2014 by the Ohio Supreme Court. The Court decided four cases dealing with the Confrontation Clause, two decided in favor of the State and two in favor of criminal defendants. In the two rulings favorable to the State, the court held that an autopsy report was not testimonial under Crawford, and that a stipulation to the admissibility of a scientific report waives a confrontation clause challenge. In the two cases favorable to defendants, the court held that teachers are agents of the State for law enforcement purposes when they question a child about child abuse, and that an accomplice’s out-of-court statements are not admissible to explain police actions. The Ohio Supreme Court also struck down Ohio’s child enticement statute as unconstitutionally overbroad, limited the amount of restitution to the direct damages of the offense, dramatically curtailed the ability of defendants to recover damages from the State for wrongful imprisonment, and upheld a police officer’s conviction for Intimidation where the officer filed a materially false complaint to influence a witness.
T. Allan Regis and
Chris Schroeder
Both Assistant Prosecutors from Cuyahoga County
10:00 - 10:15 Break
10:15 - 11:15 You Are in Contempt, a Prosecutor Guide to Contemptuous Conduct
The law of contempt is intended to uphold and ensure the effective administration of justice, secure the dignity of the court and to affirm the supremacy of law. The objective of the presentation is to define contemptuous conduct and discuss the different categories of contempt including civil contempt, criminal contempt, direct contempt and indirect contempt. This presentation includes many examples of contemptuous conduct and we will discuss the nature of the contempt through the eyes of a prosecutor and the permissible sanctions to punish contemptuous conduct. We will review the procedures to obtain a witnesses testimony using the court’s contempt powers.
Philip Bogdanoff
Copley, Ohio
11:15 - 12:00 The Practical Application of the Rules of Evidence
Assistant Cuyahoga County Prosecutor Saleh Awadallah will present a review of select Ohio Rules of Evidence. Evidentiary issues to be discussed include but are not limited to how to deal with the testimony of the reluctant or adverse witness, refreshing recollection, confronting recanting witnesses with their previous statements, spousal privilege and more.
Sal Awadallah, Major Trial Unit Supervisor
Cuyahoga County
12:00 - 1:30 Business Meeting
Cedar Point Convention Center
CIVIL TRAINING – Breakers East Conference Center
9:00 - 10:00 Asset Forfeitures in Ohio and Recent Case Law
In 2007 the Ohio Legislature completely revised asset forfeiture laws in the State of Ohio. This discussion will focus on the current state of asset forfeitures in Ohio, different approaches to the forfeiture case, and recent court cases interpreting and guiding the application of those statutes.
Gerard T. Yost, Assistant Prosecutor
Stark County
10:00 - 10:15 Break
10:15-11:15 Current Topics in Medicaid Litigation
Discussion will provide overview of: 1) past and current Medicaid eligibility standards, focusing on the distinction between resource and asset limits, and changes to Medicaid eligibility as a result of recent changes to state and federal legislation; and 2) the administrative process through which Medicaid eligibility decisions are made and challenged. The discussion will then address several ways Medicaid applicants attempt to dispose of resources in order to become eligible and two litigation tactics Medicaid applicants sometimes use in attempts to collaterally attack Medicaid eligibility decisions or circumvent the administrative process. Time permitting, there will be a short question-and-answer section at the end of the presentation.
Ara Mekhjian, Assistant Attorney General
Ohio Attorney General Mike DeWine’s Office
11:15-12:00 Utility Issues And The Prosecutor’s Office
This presentation will summarize a case arising out of Defiance County where after a county road was widened, an electric utility company refused to move over 70 utility poles despite the fact that both the County Engineer and County Commissioners determined that the poles were an “obstruction” in the right of way. Defiance County successfully won this case in the Third District Court of Appeals, and the utility is seeking jurisdictional review by the Ohio Supreme Court. This is an important case for all counties because if the utility wins this case, Defiance County estimates it will cost the county over $500,000 to move the utility poles.
Frank Reed, Member
Government Services Practice Group
Frost, Brown, Todd, LLC
Columbus, Ohio
12:00 - 1:30 General Business Meeting
Cedar Point Convention Center
OPAA HAS REQUESTED SUPREME COURT APPROVAL
FOR 5.50 HOURS OF CLE TRAINING
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