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2018 OPAA Summer Workshop
June 22nd and 23rd, 2018
Breakers Cedar Point, Sandusky, Ohio


2:00 - 5:00 Registration Breakers Lobby

3:00 - 4:00 Legislative Committee Meeting Breakers East Conference Center

4:00 - 5:00 Executive Committee Meeting Breakers East Conference Center

6:00 - 7:30 Welcoming Reception Lakeside Pavilion


8:00 - 12:00 Registration 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 Blunders, Bungles, and Bloopers - Learning from our Mistakes.
Every good prosecutor in their career makes mistakes. However, a good prosecutor will learn from their mistakes and the mistakes of others. George Washington once said, “To rectify past blunders is impossible, but we might profit by the experience of them.” In this presentation we will look to profit from the blunders of other prosecutors and attorneys. We will review courtroom demonstrations, protecting the record, pretrial preparation and other areas of the law that have resulted acquittals or led to unexpected problems.
Philip Bogdanoff
Retired career prosecutor

10:30 - 10:45 Break

10:45 - 12:00 Prosecuting Fatal Overdose Drug Death Cases as Homicides
This presentation will examine the legal and causal challenges in prosecuting fatal overdose drug death cases as homicides. The presentation will explore and discuss investigation techniques, challenges in preserving evidence, applicable search and seizure law, information sharing and communication with overdose scene responders, investigators, medical examiners and prosecutors. The presentation will also explore the applicable homicide and drug charges that have been used in overdose death cases in State and Federal prosecutions. In addition, there will be discussion on the legal principles of causation.
Saleh Awadallah, Supervisor
Major Trial Unit
Cuyahoga County

CIVIL TRAINING – Breakers East Conference Center

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

9:00 - 10:30 Civil Rights Wrongful Death Litigation - The Rocky Road to Resolution
Dennis Lyle, Lucas County assistant prosecutor, and Joseph Simpson, Partner at Shumaker, Loop & Kendrick, will 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

10:30 - 10:45 Break

10:45 - 12:00 Seven Sticking Points & Deadly (well, at least career altering) Sins Associated with Negotiating Separation / Settlement Agreements.
The presentation focuses on the most important terms and conditions of settlement and separation in the civil context, identifying for discussion seven primary terms and conditions that are most commonly contested between opposing attorneys and/or incorrectly drafted by attorneys in the civil context. IRS opinion letters regarding allocation of settlement payments for tax purposes will be discussed, as well as recent SEC challenges to settlement agreements waiving an individual’s right to receive payments stemming from a whistleblower complaint.
Andrew S. Haring, Associate
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

6:00 - 9:00 Family Dinner Buffet – Lakeside Pavilion


CRIMINAL TRAINING – Cedar Point Convention Center, 2nd floor

9:00 - 10:30 Dr. Smock’s Top 25 Medical Consequences Resulting from Strangulation and Lateral Vascular Neck Restraint
This presentation includes the top 25 serious medical complications resulting from strangulation including references and other items that will be help you in recognizing and prosecuting strangulation cases.
Dr. Bill Smock, MD
Louisville, Kentucky

10:30 - 10:45 Break

10:45 - 12:00 Strangulation continues...

CIVIL TRAINING – Breakers East Conference Center

9:00 - 10:15 What to do with Lucy for always moving Charlie Brown’s football? Discipline in the workplace.
Ohio’s civil service law provides many protections to Ohio’s public employees. The purpose of this session will be to discuss the concept of “just cause” and other disciplinary matters in the workplace. Not only will general policy provisions be addressed, but also this session will discuss the concept of workplace violence and bullying by employees. Finally, the key procedural issues will be discussed to prevent reversal of the employer’s disciplinary decision due to a procedural defect. The goal will be for attendees to obtain a positive result in the event a disciplinary matter is appealed to the State Personnel Board of Review.
Benjamin S. Albrecht, Partner and
Angelica M. Jarmusz, Associate
Fishel, Hass, Kim, Albrecht, Downey, LLP
New Albany, Ohio

10:15 - 10:30 Break

10:30 - 11:30 Avoiding “Pipescreams” in the Workplace: #MeToo, Religion and other Issues of Harassment Impacting Public Employers
Nationally, the #MeToo movement has brought attention to the issue of sexual harassment in the workplace. However, other issues of discrimination and harassment have also become concerns for public employers. This presentation will review the legal standard of discrimination and harassment as well as the appropriate response for dealing with allegations of workplace harassment and discrimination. Additionally, the session will review concerns for public employers related to not only allegations of religious discrimination, but also insuring the appropriate separation between “church-and-state.” Further, other employment discrimination matters will be addressed in today’s connected workplace, such as employee conduct off-duty and on social media sites.
Benjamin S. Albrecht, Partner and
Angelica M. Jarmusz, Associate
Fishel, Hass, Kim, Albrecht, Downey, LLP
New Albany, Ohio

11:30 - 12:00 Understanding the “Gatekeeper” that is the Board of Revision
The funding of public matters and the taxable value of property continue to be important concerns. Each county has a Board of Revision with the responsibility for hearing appeals concerning the valuation of real property. The purpose of this session will be to discuss and understand both the role and process of the Board of Revision. The goal of the session will be for attendees who may be responsible for being present during a hearing at the Board of Revision to understand some of the issues that may arise.
Benjamin S. Albrecht, Partner and
Angelica M. Jarmusz, Associate
Fishel, Hass, Kim, Albrecht, Downey, LLP
New Albany, Ohio



If any person registering has special dietary needs, it is important that they contact Delores at 614-221-1266,
so that advance arrangements can be made with the hotel.

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