2015 OPAA SUMMER WORKSHOP
Hotel Breakers, Cedar Point June 26 & 27, 2015

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 an evening meal. Saturday morning is the beakfast buffet, and a.m. training. Cedar Point, Soak City, and Ride & Slide 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 evening reception, Friday evening dinner, and Saturday breakfast for the registrant and the registrant’s spouse or significant other. 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. 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.

GUEST ROOM RESERVATIONS. The cutoff date for our block of rooms at the Breakers is Sunday, May 24th. Their phone number is 419-627-2106. Use group code OPAA15. 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, we 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!

THURSDAY, JUNE 25

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

FRIDAY, JUNE 26

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 for registrants only

9:00 - 10:30 Title IX For Prosecutors
This presentation introduces prosecutors to Title IX of the 1972 Education Act and its implementing federal guidelines (collectively, “Title IX”) and explores how schools’ obligations to investigate campus sexual assault under Title IX can impact the criminal process. Title IX’s requirements for school investigations and adjudications of campus sexual assaults, the criteria that trigger schools’ requirements to investigate, the burden of proof applied in campus hearings, and the manner in which schools’ are directed under Title IX to interact with law enforcement will be discussed. The implications and impacts of Title IX investigations on parallel criminal investigations will also be discussed in detail.
Rebecca Leitman Veidlinger, Esq.
Higher Education Sexual Misconduct Consultant/Investigator
Ann Arbor, Michigan

10:30 - 10:45 Break

10:45 - 12:00 Successfully Prosecuting Sexual Assault Cases
This presentation will include a discussion regarding the pending legislation involving the statute of limitations, a general discussion on how to prosecute challenging sexual assault cases - whether it's a child case with no physical evidence, or the victim is intoxicated, or whatever the case may be, and strategies to overcome some of the commonly encountered obstacles along with the role the AG's office can play in these prosecutions.
Angela R. Canepa, Assistant Section Chief
Special Prosecutions
Office of Ohio Attorney General Mike DeWine

6:00 - 9:00 Family Buffet Dinner – Coral Courtyard

CIVIL TRAINING – Breakers East Conference Center

8:00 - 9:00 Continental Breakfast for registrants only.

9:00 - 10:00 Avoiding the “Pipe Screams” and “Rougarous” in the ACA: Understanding the Cadillac Tax and Medical Reimbursement
Discussion will include a general overview of the requirements of the Affordable Care Act (ACA). Following a general overview of the ACA, the
presentation will address the calculating the Cadillac Tax and types of benefits to be included in the calculation. Further, the presentation will discuss the impact that the ACA has on medical reimbursements. As a final topic, an update will be provided regarding the on-going litigation and legislation related to the ACA, as well as, considerations for public employees.
Benjamin S. Albrecht, Partner
Fishel, Hass, Kim and Albrecht, LLP
Columbus

10:00 - 10:15 Break

10:15 - 11:15 When to Pay Someone? Understanding the FLSA and Avoiding the
Appearance of a “Mean Streak”
Discussion will include a general overview of the compensation requirements of the Fair Labor Standards Act (FLSA). Following a general overview of the FLSA, the presentation will address the use of volunteers and dual employment within a public entity. Overtime exemptions, as well as, any newly implemented Department of Labor regulations governing the overtime exemptions will be summarized. Finally, information will be provided regarding “hours worked” for individuals that are eligible for overtime pay, as well as, options for a public agency to minimize its overtime liability.
Benjamin S. Albrecht, Partner
Fishel, Hass, Kim and Albrecht, LLP
Columbus

11:15 - 12:00 Avoiding The Potential Pitfalls of Design Build Construction
The Design-Build Project Delivery Model (Design-Build) can have many advantages for the Owner. Chief among those advantages is the potential for shifting risk onto a single entity for all of the design and construction responsibility. However, all of those potential advantages depend upon the precise wording of the contract documents. This presentation will discuss the tools for avoiding the pitfalls of Design-Build including a description of terms that may be nested within the contract that can shift risk back on to an unsuspecting owner and undercut the potential advantages of Design-Build.
Jack Rosati, Jr.
Bricker and Eckler, LLP
Columbus

6:00 - 9:00 Dinner – Coral Courtyard

SATURDAY, JUNE 27

7:00 - 9:30 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 Leading from the Top: A Prosecutors Role in Domestic Violence Prosecutions
This presentation is designed to give prosecutors a fundamental knowledge of the importance of and techniques necessary to do a complete prosecution and build a case based upon the evidence and not relying on the participation of the victim of the crime. Through brief lecture, discussion, and scenarios the students will be able to identify the principles of good and ethical prosecution techniques that will enable them to better serve the victim’s need for safety and improve batter accountability.
Michael Moore, President
National District Attorneys Association

10:00 - 10:15 Break

10:15 - 11:15 Caution, the Use of PowerPoint during trial may be hazardous to your conviction.
The use of sophisticated visuals in the courtroom has boomed in recent years and many prosecutors are using PowerPoint at trial during closing argument to prove the defendant’s guilt. However, according to published reports, at least 10 times in the last two years, United States courts have reversed a criminal conviction because prosecutors violated the rules of fair argument with PowerPoint. Numerous Courts have also criticized the use of PowerPoint at trial without reversing the defendant’s convictions. We will review the case law on the use of PowerPoint at trial and discuss the decisions that find their use in certain cases to be improper.
Philip Bogdanoff
Retired Summit County Assistant Prosecutor

11:15 - 12:00 Using Nuisance Laws to Combat Human Trafficking and Drug Activity
This presentation will discuss a different way to attack the problem of Human Trafficking and drug dealing - by going after those hotels, motels or apartment buildings that allow the criminal activity to take place. Nuisance properties that become havens for prostitution and drug activity can have a devastating effect on neighboring businesses and residents. Discussion will include a review of various nuisance abatement tools in the Revised Code, case examples and strategies for effectively litigating these cases.
Judge Daniel Hawkins
Franklin County Environmental Court

12:00 - 1:30 Business Meeting
Cedar Point Convention Center, 2nd floor

CIVIL TRAINING – Breakers East Conference Center

9:00 - 9:45 What to do When an Employee is Seeing “Woodstock’s Whirlybirds?” Legal Implications of Drug Testing in the Public Sector
Discussion will include a general overview of the employee drug-testing restrictions on public employers. Following the general overview, attention will be given to the reasonable suspicion and random drug-testing of public employees. Further, the presentation will address the impact of medical marijuana in the workplace. Finally, an update will be provided regarding the growing trend of legalizing marijuana and its potential impact for Ohio’s public employers.
Benjamin S. Albrecht, Partner and
Frank D. Hatfield, Associate
Fishel, Hass, Kim and Albrecht, LLP
Columbus

9:45 - 10:15 For the “Gatekeepers” of the Cemetery: Unearthing Cemetery Law and Little Known Facts of Grave Importance
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.
Benjamin S. Albrecht, Partner and
Frank D. Hatfield, Associate
Fishel, Hass, Kim and Albrecht, LLP
Columbus
10:15 - 10:30 Break

10:30 - 12:00 Borrowing Alternatives for Financing Township Permanent Improvements
Survey of voted and unvoted alternatives under state law and related federal securities and tax issues.
Rebecca C. Princehorn, Partner
Bricker and Eckler, LLP
Columbus

12:00 - 1:30 General Business Meeting
Cedar Point Convention Center , 2nd floor

OPAA HAS REQUESTED SUPREME COURT APPROVAL
FOR 5.50 HOURS OF CLE TRAINING