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Hotel Breakers, Cedar Point June 20-22, 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 is Friday, May 31st. 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. 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.


2:00 - 5:00 Registration and Cedar Point, Soak City, Ride & Slide Ticket Sales
Breakers Lobby

TBA Committee Meetings


8:00 - Noon Registration and Cedar Point, Soak City, Ride & Slide Ticket Sales
Breakers East Conference Center

CRIMINAL TRAINING – Cedar Point Convention Center, 2nd floor

8:00 - 9:00 Continental Breakfast

9:00 - 10:00 Meeting Unusual Defenses
Over the last decade, defense attorneys have begun to be quite creative in their presentation of unusual defenses. Such defenses go beyond the statutory limitations of typical self-defense or other defenses and rely upon manipulation of mental states, social issues and science to create the illusion of a legal defense. This training will help the prosecutor identify the flaws in such defenses and show them how to prepare for trial, including the cross-examination of experts.
John M. Bradley
Former Williamson County District Attorney
Georgetown, Texas

10:00 - 10:15 Break

10:15 - 12:00 The Visual Trial
The modern juror receives information in a visual format, relying on television, movies, the internet, smartphones, and powerpoints on a daily basis. This presentation provides the prosecutor with an understanding how the rules of evidence permit evidence to be presented visually, along with the limitations, and provides examples of how to improve how complex information is presented.
John M. Bradley
Former Williamson County District Attorney
Georgetown, Texas

CIVIL TRAINING – Breakers East Conference Center

8:00 - 9:00 Continental Breakfast

9:00 - 10:00 Eminent Domain – Process and Procedure
This discussion will include basics of the procedure set forth in Chapter 163 and how the courts in Ohio and across the nation are currently interpreting eminent domain. Newer notice requirements, and the various ways eminent domain can be found, i.e. deliberate appropriation, reverse eminent domain, regulatory takings, temporary takings, etc. will also be covered.
Amy B. Ikerd, Assistant Prosecuting Attorney
Mercer County

10:00 - 10:15 Break

10:15 - 12:00 New Rules on Employee Hiring - Drug Testing, Credit Checks And Criminal Background Checks for Employment Applicants
Employment screening in the public sector including the new rules on drug testing, credit checks and criminal background checks.
Cheri B. Hass, Partner
Fishel Hass Kim Albrecht, L.L.P.


8:00 - Noon Registration and Cedar Point, Soak City, Ride & Slide Ticket Sales
Breakers East Conference Center

CRIMINAL TRAINING – Cedar Point Convention Center, 2nd floor

9:00 - 10:00 Tasing Soccer Moms, Police Use of Force and Officer Liability
A soccer mom is stopped for a traffic violation and she gets out of the car to talk to the police officer leaving her child in the car. She refuses to follow the commands of the police officer and he eventually uses his Taser before he places her under arrest. The police use of force often raises issues in the community regarding whether the police used excessive force. This presentation will examine the use of force continuum utilized by police departments, statistics regarding the use of force, civil liability of police officers and criminal prosecutions of police who use excessive force when making an arrest.
Philip Bogdanoff
Former Summit County Assistant Prosecuting Attorney
Copley, Ohio

10:00 - 10:15 Break

10:15 - 11:15 Prosecutor Friendly Evidence Rules… So Why Aren’t We Using Them? (Or at least trying!)
This presentation will include a discussion of the requirements for Evidence Rules 804(B)(6), 614(A) and 806, the benefits to prosecutors of utilizing them and how those rules interact with each other and other evidence rules.
Laura A. Dezort, Assistant Prosecuting Attorney
Supervisor, Criminal Division
Lorain County

11:15 - 12:00 Ohio Supreme Court Update – Sex Offenders, Life-Sized Dolls, and Common Sense from the Ohio Supreme Court
An overview of the criminal court cases released from July, 2012 to June, 2013 by the Ohio Supreme Court. The court determined several cases that allow prosecutors to bring charges against sex offenders not subject to classification under the Adam Walsh Act. Further, the court determined several evidentiary issues, from the admission of other acts evidence to the state’s ability to have a defendant demonstrate rough sex on a life sized doll used as demonstrative evidence. Additionally, the court clarified a trial court’s duty when confronted with discovery violations by the state; explained the requirements of those defendants seeking to sue the state for wrongful imprisonment; and made several rulings that define the scope of juveniles’ right to counsel and ability to waive amenability hearings in juvenile court.
T. Allan Regas, Assistant Prosecuting Attorney
Cuyahoga County

12:00 - 1:30 Business Meeting
Cedar Point Convention Center

CIVIL TRAINING – Breakers East Conference Center

9:00 - 9:45 Economic Development and Community Revitalization Amidst the Shale Oil and Gas Boom
The course will provide an overview of economic development tools frequently encountered by Ohio fiscal officers, including real property- and income tax-based tools that are used by communities to retain or improve existing development, attract new development and promote job growth. The course will identify some of the common issues that arise in the context of the shale oil and gas boom with tax increment financing (TIF) programs, community reinvestment area (CRA) and enterprise zone (EZ) abatement programs, job creation tax credit (JCTC) programs and assessment-based programs. The course will also discuss ways in which local governments work together to leverage economic development resources to encourage job growth and how “on behalf of” financing can be used to encourage new investment.
William D. Mason, Partner and
John Caleb Bell, Associate
Bricker & Eckler
Cleveland and Columbus

9:45 - 10:00 Break

10:00-10:45 Shale 102: Oil and Gas Leasing and Pipeline Issues
This presentation will focus on practical considerations of landowners impacted by the oil and gas drilling boom in eastern Ohio. The first half of the presentation will examine common leasing and title defect issues. The second half of the presentation will examine common issues when negotiating a pipeline easement/right of way.
Christopher M. Montgomery, Associate
Bricker & Eckler

10:45-11:30 Hot Topics in Oil and Gas Litigation
We will survey a variety of topics in oil and gas-related civil lawsuits in Ohio. This will include background on traditional areas of dispute dating back to Ohio’s original oil and gas development, as well as topics in more recent oil and gas-related lawsuits arising from Ohio’s recent shale boom. We will explore the factual circumstances giving rise to these suits and, where appropriate, the relevant law to apply to those facts. We will also look at some lawsuits from jurisdictions that have a longer history of horizontal hydraulic fracturing, with an eye toward what litigation may emerge in Ohio in the coming months and years.
Christopher Ernst, Partner
Bricker & Eckler

11:30-12:00 Protecting Public Funds – The Pitfalls of Using Unmodified AIA Construction Documents in Ohio
Often, public owners in Ohio rely on their design professionals to provide standard AIA contract forms for their construction projects. This presentation will identify the most significant provisions contained in the AIA General Contracting, CM-at-Risk, and Design-Build Contract Documents that must be modified in order to protect public owners in Ohio. In addition, public owners must comply with the new Construction Reform Rules if they choose one of the newly available project delivery models.
Jack Rosatti, Jr, Partner
Bricker & Eckler

12:00 - 1:30 Business Meeting
Cedar Point Convention Center



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