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FULL downloadable agenda and registration including hotel information
CP tax exempt form for OPAA membership
2023 OPAA SUMMER WORKSHOP
June 23rd – 24th, 2023
Hotel Breakers Cedar Point, Sandusky, Ohio
We once again will be meeting on the shores of Lake Erie to educate the membership and to enjoy the other activities the area provides. As usual, we will provide both a criminal law track and a civil law track. The criminal side will have presentations on working with victims; litigation skills; cell phone evidence; and 4ht amendment suppression issues. On the civil side we will explore the Inflation Redcution Act, construction procurement; public records; FMLA/FSLA; and actions of public and off-duty conduct of employees. We look forward to seeing all of you at Cedar Point!
Friday, June 23
8:00 – 12:00 REGISTRATION & CONTINENTAL BREAKFAST
CRIMINAL TRAINING
9:00 – 10:30 Trauma Informed Approach to Working with Victims
Prosecutors are required to uphold victims' constitutional rights. This cannot be accomplished without awareness, understanding and practice of trauma-informed care. The support victims receive throughout the justice process helps prevent future violence and hold offenders accountable. The physical, emotional, and financial pain cascades from individuals to their families and communities. Preventing one form of violence may potentially prevent other forms of violence. Inclusion in the process helps victims to feel empowered and restores balance in their lives. Receiving up to date information about the offender's status and being kept informed is critical to victim safety and minimizing the trauma experienced.
Prosecutors work with victims who have experienced a series of traumas throughout their lives. It is essential to break down misunderstandings and dispel misguided beliefs about how victims should react or respond to trauma. Participants will learn how to recognize the signs and symptoms of trauma and how to integrate that knowledge into the practice of trauma-informed care. Participants will learn ways to prevent secondary victimization by the justice system.
Mickey Valdez, C.A., Sexual Violence Specialist and
Crystal Baker, RASS, Director of Victim Services
Both of Summit County
10:30 - 10:45 Break
10:45 - 12:00 Learning Litigation Skills From “Where the Crawdads Sing”
Where the Crawdads Sing is a novel that has sold over 15 million copies and has been created into a best-selling movie. In this murder mystery Catherine "Kya" Clark is accused of murdering Chase Andrews after their relationship ended. We will examine the trial by reviewing clips of this movie and discussing the trial tactics by the prosecutor and defense. We will determine whether a motion to suppress would have been successful in this case. We will learn litigation skills by reviewing the opening and closing arguments, the direct and the cross-examination of various witnesses and the alibi defense. Finally, attendees will examine why Kya did not report a sexual assault to the police and whether this failure to report is common in today’s society. The goal of this program is for prosecutors to learn litigation skills while discussing this amazing story.
Philip Bogdanoff
Retired Career Prosecutor
CIVIL TRAINING
9:00 - 10:00 Local Government Incentives Available Under the Inflation Reduction Act
Federal energy policy is making many new incentives available for local governments to fund energy-related assets. The Inflation Reduction Act (“IRA”) established a set of energy-related asset categories that are now being directly subsidized by the federal government. Under the IRA, nearly any advanced or renewable energy asset constructed by a local government is eligible for some kind of federal cash subsidy. Local governments are not taxpayers and historically have not been able to benefit from tax credits, but the IRA authorizes direct pay tax credits as cash subsidies to local governments to fund energy-related assets. Throughout the course of this presentation, we will explain how counties, townships, municipalities, and school districts can build and own long-term energy-producing assets like solar fields, install geothermal heating, or invest in clean fuel buses for their vehicle fleets, all with federal support.
John Caleb Bell, Partner
Public Finance Practice Group Chair and
John Flis, Associate
Bricker Graydon, Columbus
10:00 - 10:15 Break
10:15 – 11:00 2023 Update on Understanding Construction Procurement for Counties
Participants will be able to gain an understanding of the various delivery models available for county projects. When preparing for a construction project, one of the first decisions that must be made is whether to use a general contractor, construction manager at risk, or design-build delivery model. We will provide an overview of the construction procurement process for counties, including design professional procurement, competitive bidding, and procurement of construction managers at risk and design-builders. We will describe the standard of award and contracting process for each project delivery model. Additionally, we will compare the pros and cons of these delivery models, including how each relates to the project owner’s schedule and budget, how each model allocates risk, and the primary decision points within each model. This presentation will also identify and explain exceptions to competitive bidding available to counties.
Christopher McCloskey, Partner
Bricker Graydon, Columbus
11:00 – 12:00 Public Records Update
2022 saw an increase of public records requests on many facets of county government. This course will look at those cases along with CLEIRs, work product, law enforcement exemptions, and other items to know when asked for public records.
Michael L. Walton, Associate Assistant Attorney General
Office of Ohio Attorney General Dave Yost
Saturday, June 24
8:00 – 12:00 REGRISTRATION
CRIMINAL TRAINING
9:00 - 10:00 Cell Phone Evidence in Criminal Prosecutions
Cell phone evidence has been widely utilized in criminal investigations and prosecutions. This presentation will explore the types of cellular evidence available as well as how it can be obtained and effectively used by prosecutors in investigations and at trial. The presentation will also highlight emerging technology that may provide new types of challenges and/or solutions for prosecutors.
Kevin Horan
Precision Cellular Analysis
Special Investigator for Montgomery County Prosecutor's Office
10:00 - 10:15 Break
10:15 - 11:00 Cell Phone Evidence in Criminal Prosecutions…continues
11:00 - 12:00 Mechanics of the Motion to Suppress on Fourth Amendment Grounds
Motions to suppress under the Fourth Amendment are so commonplace as to be expected in the vast majority of cases. This presentation will explore some of the key procedures surrounding such motions to suppress and will discuss some best practices in opposing such motions. Issues to be discussed include: whether an evidentiary hearing is even required for the motion; what evidence is admissible at the hearing; who has the burden of proof and on what issues; ensuring that issues are preserved for future appeal; and determining when it is advisable to request post-hearing briefing.
Steven L. Taylor, Legal Research and Staff Counsel.
Ohio Prosecuting Attorneys Association
CIVIL TRAINING
9:00 - 10:00 What to Say and How to Say It: Limitations on Levy and Bond Campaign Activities
Join Bricker Graydon Attorney, Nicole Donovsky, as she covers limitations on levy and bond campaign activities for public taxing authorities. Attendees will get insight into common questions that may arise during the campaign process and how to best navigate them, as well as hot topics to keep in mind.
Nicole Donovsky, Partner
Bricker Graydon, Columbus
10:00 - 10:15 Break
10:15 - 11:15 Avoiding the Department of Labor’s “Mean Streak:” Minimizing the Risk of FMLA and FLSA Violations
The purpose of this presentation is to provide an overview and refresher regarding the obligations and responsibilities of public employers as it relates to employee protections provided by the FMLA and FLSA. During the presentation, a wide-ranging discussion regarding leave topics related to the FMLA, including: supervisor responsibilities, leave protections, employee abuse/misuse, questioning a medical certification and preparing for a DOL audit. Additional discussion will be had regarding pay requirements of the FLSA. Specifically, discussion will be had regarding calculating the regular rate, employees eligible for the 207(k) partial exemption and the use of canines. Lastly, potential penalties will be discussed when faced with an allegation that an agency has violated either the FMLA or FLSA.
Benjamin Albrecht, Partner
Fishel Downey Albrecht & Riepenhoff, LLP
New Albany
11:15 – 12:00 Understanding Permissible Responses to the Actions of the Public and Off-Duty Conduct of Employees
The general public and public employees continue to push the envelope of what is permissible with respect to their conduct and behaviors. For example, it is becoming more prevalent that counties are faced with responding to citizens conducting “audits” of public facilities and expressing their dissatisfaction on social media. Additionally, employees continue to engage in behaviors off-duty that tend discredit public agencies. Responding to the behaviors and comments of the public on county property and regulating the off-duty behaviors of public employees are not without the risk of fallout. This session will address concerns and considerations for public officials when responding to the actions of the public and employees.
Benjamin Albrecht, Partner
Fishel Downey Albrecht & Riepenhoff, LLP
New Albany
WE HAVE RECEIVED 5.5 GENERAL CREDIT HOURS FROM THE SUPREME COURT OF OHIO COMMISSION ON CONTINUING LEGAL EDUCATION
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