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2018 OPAA Annual Meeting
Hilton Downtown, Columbus
November 29th and 30th, 2018


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; both the United States Attorneys for Ohio will join us to discuss violent crime and also the opioid epidemic; Scott Longo will be in to discuss getting the most from digital evidence; the Ohio Department of Securities will be talking about securities fraud; and Thaddeus Hoffmeistter will present on things we have and can learn from the Nuremberg trials. On the civil law side we will have Jack Rosati in to talk about jail projects and other construction issue you might face; Jonathan Downes will be in to recap the Janus decision and how it will affect public employers; Brad Bennett will talk epic fails in employment liability; Dennis Lyle and Joseph Simpson back to continue their Summer Workshop presentation on civil rights wrongful death litigation; Frank Hatfield will be in to discuss litigation and risk management; Angelica Jarmusz will be presenting on investigating county employees; and Ben Albrecht will finish off the civil training with maintaining, answering, and dealing with public records requests. Of course, we will also have your complete 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, NOVEMBER 29

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

Criminal Track

9:00-10:30 2017-2018 Supreme Court Decisions For Trial Dogs.
For a Court in significant transition, the 2017/2018 term gives Justice Anthony Kennedy once last hurrah to swing from one side to the other deciding who wins and who goes viral. For prosecutors, this term offers Fourth Amendment cases that continue to turn our world upside down. If not for the laughs provided by wacko rulings from the Ninth Circuit, it's enough to make a trial dog howl.
Richard M. Wintory
Retired Career Prosecutor
Tucson, Arizona
10:30-10:45 Break

10:45-12:15 2017-2018 Supreme Court Decisions For Trial Dogs, continues

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

1:45-2:45 Combating Violent Crime and the Opioid Epidemic.
U.S. Attorneys for the Northern and Southern District of Ohio will discuss the Federal statutes that can be employed in partnership with county prosecutors to combat violent crime and address the opioid epidemic. They will also discuss strategies to identify appropriate prosecution targets.
Benjamin C. Glassman, United States Attorney, Southern District of Ohio
Justin E. Herdman, United States Attorney, Northern District of Ohio

2:45-3:00 Break

3:00-5:00 Digital Evidence, Welcome to the Present!
The digital world is here. Technology has gone from being a novelty to an appliance. Nearly everyone interacts with some form of technology in their everyday life. People use and rely on technology for many facets of their daily lives…..For a prosecuting attorney, we need to know what evidence is available to make the case that can’t be filed into the case that is filed. Technology can make the average case a great case. This presentation is an overview of some of the topics and issues that prosecutors are seeing and dealing with daily, and can receive more in-depth instruction by attending the National Computer Forensics Institute in Hoover, Alabama.
Scott A. Longo, JD
Deputy Inspector General
Ohio Inspector General

Civil Track

9:00-11:00 Civil Rights Wrongful Death Litigation – The Rocky Road to Resolution Part 2.
Continuing on from the Summer Workshop, Dennis Lyle, Lucas County assistant prosecutor, and Joseph Simpson, Partner at Shumaker, Loop & Kendrick, will bring you up to speed on what was discussed at the Summer Workshop, and continue to take you through the various obstacles defense counsel may encounter in civil rights litigation. Using a recently resolved action involving the death of an inmate allegedly by use of a “sleeper hold”, they will take you through their analysis of procedural and substantive decisions encountered along the way to settlement. From decisions to stay proceedings, interlocutory appeals, changes in federal law, representations of coroners, destruction of evidence, statute of limitations, insurance disputes, videotape evidence, offers of judgment, misnomer of parties, case valuations, there was very little this case didn't have!
Dennis Lyle, Assistant Prosecutor
Lucas County and
Joseph Simpson, Partner
Shumaker, Loop & Kendrick LLP
Toledo

11:00-11:15 Break

11:15-12:15 Litigation & Risk Management: Tools & Techniques Derived from Working with an Insurer/Risk Pool.
This session will focus on the intersection between risk management and insurance/risk pool defense of civil lawsuits. Beyond excellent defense of single cases, counties can implement risk management strategies and litigation avoidance techniques as a result of working with an insurer/risk pool. This presentation will review case examples where counties (political subdivisions) defended by insurance/risk pool counsel spawned risk management programs and procedures that mitigate future litigation. This presentation will also explore how use of aggregate case data maintained by insurers/risk pools assist counties in litigation avoidance. Finally, this presentation will examine cases where insurance providers/risk pools defense or amicus briefs advocated in the best interest of counties on significant legal issues of statewide application.
Frank Hatfield, Esquire
CORSA Risk Control Manager

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

1:45-2:45 Issues with Relying on the State’s Contract Documents, Special Considerations for Jail Projects, and New Developments affecting the Time Limitations for Defective Work Claims.
This presentation will address some hot construction topics for public owners in Ohio. Some political subdivisions and their design professionals opt to utilize the documents on the State of Ohio website for Construction Manager at Risk Projects. However, those documents may not be the best fit for local projects because the State documents may limit the owner’s discretion or allocate risk in a manner that is not ideal for a given project or owner. This presentation will talk about some of the provisions of the State documents that political subdivisions may wish to modify to enhance their discretion and reduce their risk. In addition, the opioid crisis has created an increased demand for jail facilities in Ohio. This presentation will touch on considerations that are unique to jail projects and the advantages of a properly crafted CMR procurement process and contract for that type of project. Finally, defective design or construction work may not come to light for several years after a project is complete. This presentation will discuss some recent developments with respect to how long an owner may have to pursue a design professional or contractor for such defects.
Jack Rosati, Jr., Partner
Bricker & Eckler, LLP
Columbus

2:45-3:00 Break

3:00-4:00 The Developments in Post-Janus World and Impact on Public Employers.
This session will address the litigation that has evolved in the wake of the SCOTUS decision including: challenges to the deduction of dues; the exposure of public employers to the lawsuits filed challenging the dues deduction; the “opt-in and opt-out” alternative for dues deduction; the validity of indemnification language for public employers; and the demands of unions for additional language in union contracts.
Jonathan J. Downes
Zashin and Rich Co., L.P.A.
Columbus

4:00-5:00 Epic Fails! Top Employment Errors for Public Employers to Avoid. Developing good management practices and procedures are critical to avoiding liability for employment decisions. This session will go through the top employment law errors to avoid from the interview and selection process and through the discipline process. The session will provide practice tips for avoiding the top errors, including helpful procedures and practices as well as the importance of improving employee communication.
Brad E. Bennett
Zashin and Rich Co., L.P.A.
Columbus

FRIDAY, NOVEMBER 30

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

Combined Track

9:00-10:30 “Me Too” Sexism, Bias and Sexual Misconduct in the Legal Profession.
As the "Me Too" movement shines a light on sexual misconduct and sexually inappropriate actions, it's time for lawyers of both genders to examine the effects of this kind of conduct in the legal community. Sexual misconduct and bias is a recurrent issue in our legal system and many attorneys are hesitant to report this misconduct. In this presentation Bogdanoff will review disciplinary cases involving inappropriate sexual conduct by judges, prosecutors, and attorneys. We will also review a survey of female attorneys and their experiences with sexual bias. Finally, we will discuss how to combat sexist comments from attorneys, judges or even clients. This interactive presentation even gives you the chance to pit your opinions about the violations against the actual rulings by the Ethics review boards in each case.
Philip Bogdanoff
Retired Career Prosecutor

10:30-10:45 Break

10:45-11:45 Survey of Prosecutorial Misconduct Cases from Across the Country: The Best Mistakes to Learn From…Are Someone Else’s.
The program will survey cases from around the country that involve prosecutorial misconduct. Using those cases as a framework, the program will discuss the Ohio Rules of Professional Conduct as they apply to prosecutors here in Ohio.
Donald M. Scheetz
Assistant Disciplinary Counsel
Supreme Court of Ohio

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

Criminal Track

1:15-2:15 Securities Fraud – It’s a Felony!
When investors believe they have been defrauded, they are often told by law enforcement that it's a civil matter and to seek an attorney to file a lawsuit. However, the Ohio Securities Act provides felony-level criminal sanctions for investment fraud and related activities. This seminar will provide an overview of the criminal sanctions set forth in the Ohio Securities Act and provide a case study of a recent case that was investigated and prosecuted in Ohio. This presentation will also provide information about the resources and assistance available from the Ohio Division of Securities to county prosecutors pursuing cases involving investment fraud, Ponzi schemes and other violations of the Ohio Securities Act. The securities industry, its laws and who can assist in the investigation of fraud.
Janice Hitzeman, Attorney Inspector and Chief and
Harvey McCleskey, Deputy Attorney Inspector
Enforcement Section, Ohio Division of Securities

2:15-2:30 Break

2:30-3:30 Nuremberg Trials.
The Nuremberg Trials, conducted shortly after W.W. II, were a watershed moment for the world. For the first-time in history, individuals were held accountable for waging war. These trials involved high ranking military officials, civilian leaders, and titans of industry. Not surprising, there were a number of unique issues raised. This presentation, after providing a broad overview of the first trial, will examine some of the questions that arose from the Nuremberg Trials to include: elements of the crimes charged; defenses presented by the accused; litigation techniques employed.
Thaddeus Hoffmeister, Professor of Law
University of Dayton, School of Law

Civil Track

1:15-2:15 Avoiding Hidden Land Mines When A Crisis Occurs: Investigation Concerns.
Inevitably, a crisis involving a county employee will occur. How the County responds to and investigates the crisis often helps place the county in the best position to succeed in a criminal and internal matter. Because the legal interaction between criminal investigations and internal administrative investigations is becoming increasingly more complicated, it is imperative to understand the impact of a variety of legal responsibilities. In order to effectively provide representation to public employers, legal counsel must navigate a variety of complications including timing, thoroughness, differing standards of proof, and safeguarding any criminal case. This presentation will address how to successfully pursue an internal disciplinary case while simultaneously prosecuting a criminal case and minimizing the risk of civil liability along the way.
Angelica M. Jarmusz, Associate
Fishel Downey Albrecht & Riepenhoff LLP

2:15-2:30 Break

2:30-3:30 What To Do When a Request for Public Records is Not Half-Bad…It Is All Bad! Maintaining records, responding to requests and litigating disputes regarding public records.
One of the goals of Ohio’s Public Records Laws is greater transparency in government. As a result, county agencies are facing more requests from the public for information and expecting quick responses, so that the information can be included in the twenty-four hours news cycle. Therefore, responding to what may seem to be a simple public records’

request with a simple “no” or “we cannot find anything” may not be sufficient. Because the methods of communicating with one another and the storage of records continue to evolve, it is imperative that each office understand its obligations and responsibilities in responding to a request for public records. Similarly, each office must be aware that the shredder, delete button or use of a personal email may not be an appropriate method of circumventing Ohio’s public records laws. Attendees at this training will receive a review of the obligations of a public agency required by Ohio’s public records laws, gain tips for managing public records and engage in discussions regarding responding to the overly zealous requester of records in every community.
Benjamin S. Albrecht, Partner
Fishel Downey Albrecht & Riepenhoff LLP

We have requested approval from the Supreme Court of Ohio Commission on Continuing Legal Education for 10.50 total CLE hours, with 2.50 of Attorney Professional Conduct Instruction, as well as New Lawyer CLE.

Room rates at the Hilton Downtown Columbus are $149.00. To avoid paying tax, accommodations 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 5th. 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 48 hours prior to scheduled check-in time in order to receive a refund. Parking rates: valet $28.00, self park $25.00.
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 23 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 21st .

 

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