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2012 OPAA Annual Meeting

Sheraton Columbus at Capitol Square, Columbus
November 29th & 30th, 2012

This year’s Annual Meeting will once again feature civil and criminal tracks. The criminal track will have Richard Wintory returning to update us on the latest Supreme Court cases of interest; presentations on both crimes against children and crimes against the elderly; a human trafficking update; an overview of the recently passed “driving distracted” law; and an overview of Ohio’s casino and gaming industries. On the civil side, we will have presentations on the Family Medical Leave Act, Fair Labor Standards Act, and employee law; a review of less commonly discussed areas of public record law; an overview of the State Personnel Board of Review; how to avoiding common mistakes by public employers; construction reform one year after changes to the law; and how to determine an employee’s classified status with focus on election time issues. Of course, we will also have the required hours of ethics, professionalism, and substance abuse on Friday morning. As a reminder, training manuals will once again only be available on-line. Access credentials will be sent to registrants once all handouts have been received. Include each registrants email address with the registration, as it is needed to forward the access credentials.


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

Criminal Track

9:00-10:30 Supreme Court Update For Trial Dogs
Ohio Trial Dogs, beware! Will Rogers observed, the Republic is safe as long as Congress is out of session. The same might be said of the US Supreme Court's recent recess. But they did plenty while they could to the interests we serve. Plea bargaining, Brady disclosure, seeking appropriate penalties for juveniles committing the worst offenses, and basic Fourth Amendment rules have all been turned upside down. Fortunately, practical coping strategies will be presented, along with aspirin.
Richard M. Wintory, Special Homicide Prosecutor
Graham County, Arizona

10:30-10:45 Break

10:45-12:00 Supreme Court Update For Trial Dogs, continued

12:00-1:30 Awards Luncheon (PAs and APAs only)

1:30-2:30 Crimes Against Children
Discussion will include a review of the entire Crimes Against Children (CAC) Initiative. It will include a brief overview of each section involved with the Initiative, including: cyber crimes, special prosecutions, CAC, criminal intelligence, crime victims. This overview will detail the scope of crimes the CAC Initiative targets as well as provide information related to internet crimes against children in Ohio.
Nicole Dehner, Director, Crimes Against Children
Savalas Kidd, Supervisor, Crimes Against Children
Amy O’Grady, Section Chief, Crimes Against Children
Marianne Hemmeter, Associate Attorney General, Criminal Justice
All from the Office of Ohio Attorney General Mike DeWine – BCI

2:30-2:45 Break

2:45-4:45 Elder Abuse: Hidden Victims, Hidden Crimes
Understanding unique obstacles, misconceptions, and myths associated with elder abuse; knowing Ohio law and signs of elder abuse.
Ursel McElroy Drake, M.A.
Deputy Director of Education and Policy– Crime Victim Section
Office of Ohio Attorney General Mike DeWine

6:00-7:00 Welcoming Reception – Statehouse Rotunda 7:00-9:00 Awards Banquet and Installation of New President – Statehouse Atrium

9:00-12:00 Hospitality Suite

Civil Track

9:00-10:00 The Family Medical Leave Act, Fair Labor Standards Act, And Employee Discipline
The discussion will include a review of the Family Medical Leave, Fair Labor Standards and Employee Discipline. We will discuss pertinent issues for employees on leave for medical, military and/or disciplinary reasons. The presentation will define fundamental definitions that need to be addressed since this is the basis of most governmental employee litigation. Further, there are particular warnings and procedural checklists that can make the process more universal and effective. We will use current cases against prosecutors to illustrate our lecture.
Amy Otley Beckett and
Mark Altier
Both Assistant Prosecutors from Miami County

10:00-10:15 Break

10:15-11:15 The Family Medical Leave Act, Fair Labor Standards Act, And Employee Discipline, continued

11:15-12:00 In The Trenches With OMA And Public Records Law
Discussion will include review of less commonly discussed and less clear areas of public records and open meetings laws, including “rule” requirement for public
meetings, getting out of executive session, overly broad public records requests, requests for information, requests for research, when is a requested format reasonably available to the office holder, etc.
Amy B. Ikerd, Assistant Prosecutor
Mercer County

12:00-1:30 Awards Luncheon (PAs and APAs only)

1:30-3:00 State Personnel Board Of Review
The rules of evidence have little application and discovery requests have to be made when?! Welcome to the State Personnel Board of Review. This presentation will familiarize prosecutors with SPBR’s formal rules of practice and somewhat less formal practices and procedures. We will also discuss emerging issues and trends. In addition to offering a practicing attorney’s perspective, we are excited to have SBPR’s Board Chairman Terry Casey and Administrative Law Judge James Sprague as speakers.
Cheri B. Hass, Partner
Downes, Fishel, Hass, Kim, LLP
Judge James R. Sprague, Chief Administrative Law Judge
State Personnel Board of Review
Terry L. Casey, Chairman
State Personnel Board of Review

3:00-3:15 Break

3:15-4:45 Seven Mistakes Every Plaintiff’s Attorney Hopes A Public Employer Makes…And How To Avoid Them
Learn to identify and avoid seven common mistakes that public employers make and how plaintiff’s attorneys exploit them to leverage high-dollar verdicts and settlements. Using “real life” examples from cases involving public sector defendants, prosecutors will learn the importance of training the appropriate employees to identify and resolve possible employment issues; how management should approach employee performance, misconduct and termination issues; how to document – and how not to document – employment issues when documents are largely subject to the Ohio Public Records Act; and how to recognize and navigate the constitutional challenges unique to public employers.
Stacy Chubak Hinners, Esq.
Buckley King
Cleveland, Ohio

6:00-7:00 Welcoming Reception – Statehouse Rotunda

7:00-9:00 Awards Banquet and Installation of New President – Statehouse Atrium

9:00-12:00 Hospitality Suite


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

Combined Track

9:00-10:00 The Naked Prosecution, Full Disclosure with Nothing Left to the Imagination (Ethics)
The disclosure or non disclosure of exculpatory evidence is a hot topic with news reports indicating that prosecutors are not disclosing exculpatory evidence. This ethics presentation will examine Brady and ethical decisions regarding the disclosure of evidence. We will discuss the requirement that prosecutors keep a Brady list of officers who have a past history of dishonest conduct. We will also examine other ethical rules including ex parte conversations with judges and the ethical duty not to speak to a defendant who is represented by counsel.
Philip Bogdanoff
Retired Summit County Prosecutor

10:00-10:15 Break

10:15-11:15 Professionalism
Chief Justice O’Connor will review the myriad of tools available to attorneys to foster professionalism in the practice of law. The discussion will entail a review of the Lawyer’s Creed as well as Rules of Professional Conduct. Encompassed in the presentation will be a review of several disciplinary cases that specifically relate to the prosecutor/defense counsel practice. She will also address the need for attorneys to address issues and relationships with their families and how to balance work and non-work activities. Lastly there will be suggestions to prosecutors based on the observations of the seven members of the Supreme Court.
Chief Justice Maureen O’Connor
The Supreme Court of Ohio

11:15-11:45 Substance Abuse And Mental Health Issues
Recognizing addictions and treatment alternatives will be discussed along with mental health issues, the Ohio Lawyers Assistance Program, and other ways of receiving help.
Scott R. Mote, Executive Director
Ohio Lawyers Assistance Program

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

Criminal Track

1:15-2:00 Human Trafficking
In 1995 Steven M. Dettelbach successfully prosecuted what was at the time the largest human trafficking case in American history, when more than 70 Thai women were held against their will and forced to work in sweatshop-like conditions in El Monte, California. Dettelbach went on to become the Justice Department’s national coordinator for cases involving what was then called involuntary servitude, now referred to as human trafficking. Since being sworn in as United States Attorney for the Northern District of Ohio, his office has prosecuted nearly two dozen people for human trafficking offenses, largely young women forced into the commercial sex trade. Mr. Dettelbach will discuss the challenges associated with these cases, why they are important, how federal and state prosecutors can work together with law enforcement partners, and the need to work with social service agencies to get help for the victims of human trafficking.
Steven M. Dettelbach, United States Attorney
Northern District of Ohio

2:00-2:15 Break

2:15-3:15 Distracted Driving Update
Discussion will include a review of House Bill 99, which was recently signed into law to prevent texting and driving. Also covered will be a history of similar laws across the nation and a discussion on the impact of distracted driving. A case study will be used to show how distracted driving cases can be effectively prosecuted using current vehicular law.
Daniel J. Cable, Senior Assistant Prosecuting Attorney
Franklin County

3:15-4:00 Ohio Casinos And The Casino Control Commission
The presentation will include an overview of how casino gaming came to Ohio through the 2009 constitutional amendment, which created the Ohio Casino Control Commission. The scope of HB 519 that created ORC Chapter 3772 and all of the duties of the Ohio Casino Control Commission. It will also include a review of the new ORC gaming criminal statutes and the role of gaming agents in the casinos. It will examine the first criminal gaming indictments.
Karen J. Huey, Director of Enforcement and
John Barron, Deputy Executive Director and General Counsel
Ohio Casino Control Commission

Civil Track

1:15-2:15 Construction Reform - one year later
In September of 2011, the Ohio Legislature passed sweeping construction reform legislation that allowed for single prime general contractor, construction
manager at risk, and design-build delivery models to be used by Public Owners in Ohio. This presentation is an update on the status and implementation of that legislation and offers insights into the various delivery models based on the speaker’s experience with the new legislation in the public sector, as well as his experience with the same delivery models in the private sector.
Jack Rosati, Jr., Partner
Bricker & Eckler LLP
Columbus, Ohio 2:15-2:30 Break

2:30-4:00 Determining An Employee’s Classified Status And What To Do With Certain Employees Before, During, And After An Election
Properly classifying a civil service employee is sometimes the difference between easily resolving a personnel issue and participating in a hearing before the State Personnel Board of Review. During the presentation, prosecutors will receive a refresher on not only the differences between the classified and unclassified service, but also tips on what should be done following an election. The presentation will conclude by summarizing the types of political activities
in which classified employees are able to participate and what to consider when making a personnel decision following an election.
Benjamin S. Albrecht
Downes, Fishel, Hass, Kim, LLP


NOTE: If any registrant, or guest, has special dietary needs, please contact Delores at 614-221-1266, so that advance arrangements can be made. OPAA will accommodate requests as long as they can be supplied by the venue without additional cost. Any additional cost must be borne by the registrant and they will be notified in advance.
Room rates at the Sheraton at Capitol Square are $131.00 for single, double, or triple. 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 800-325-3535. If you prefer to make reservations on line, the link is https://starwoodmeeting.com/Book/opaaannual. 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 Monday, 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. Cancellation Policy: any reservation not canceled 24 hours in advance of 3:00 p.m. of the day of scheduled arrival will be charged one night’s room and tax as a no-show penalty.

The registration fee for OPAA member counties is $350.00, which 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. The fee for one day only is $200.00. Fees for non-members are $700.00 for two day and $400.00 for one day. Due to the expense of producing the training material, a $45.00 penalty will apply to all cancellations made through November 23rd, and material will be supplied to registrant. To help defray the cost of food guarantees which must be made by that date, cancellations after November 23rd, will be assessed a $175.00 penalty if scheduled to attend both days, and a $125.00 penalty if scheduled for one day only. Please send registrations to OPAA no later than November 19th.



Copyright © 2012, Ohio Prosecuting Attorneys Association