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2019 OPAA Summer Workshop
June 21st and 22nd, 2019
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 - 10:00 Counter Trafficking Training Workshop
This is a multimedia engagement that will offer fresh insights about sex trafficking and will help participants better understand the complexities of sex trafficking and how it is evolving and thriving in the United States. The workshop includes active participation with the attendees and will foster candid discussions and challenging practical exercises to reinforce the concepts.
Lieutenant Colonel Jeff Tiegs, USA retired
Chief Operating Officer
Guardian Group
Bend, Oregon

10:00 - 10:15 Break

10:15 - 11:15 Counter Trafficking Training Workshop continues...

11:15-12:15 Medical Marijuana in Ohio
In early September 2016, HB523 went into effect, legalizing medical marijuana in Ohio. While the legislation set a basic framework for the program, it left the task of establishing specific rules and guidelines for the cultivation, processing, testing, dispensing and medical use of marijuana to three separate state agencies. The purpose of this presentation is to share the responsibilities of the State of Ohio Board of Pharmacy and the State Medical Board of Ohio under the Ohio Medical Marijuana Control Program, and provide an overview of both Boards’ rules and laws regarding their respective regulatory responsibilities.
James Roach, Acting Chief of Investigations
Ohio State Medical Board and
Jesse L. Wimberly, Regional Agent in Charge - Medical Marijuana Control Program
Ohio Board of Pharmacy

CIVIL TRAINING – Breakers East Conference Center

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

9:00 - 10:00 Damage Claims - When Sewers Flow the Wrong Way: Minimizing the Risk of Losing the County’s Sovereign Immunity Defense Because of a Leaky Sewer System
This session will cover new caselaw from Ohio’s courts in the past 5 years dealing with damage claims from sewer overflows and basement backups, noting the key factors that caused the courts to apply or reject the sovereign immunity defense under RC Chapter 2744. The combination of aging sewer systems, capital funding shortfalls, along with intense rain storms have increased the number of damage claims statewide, with more claims surviving motions to dismiss or summary judgment under Chapter 2744. This session will focus on what prosecutors should look for from their sewer staffs to maximize the county’s ability to successfully defend against private damage claims, winning at the pleading stage or in summary judgment.
Stephen N. Haughey, Esquire
Frost Brown Todd LLC

10:00 - 10:15 Break

10:15 - 11:15 Township Law Update 2019
This presentation will take a look at the changes in township law in 2018, including an overview of H.B. 500 (Omnibus Township Bill), case law, opinions of the Ohio Attorney General and enacted and pending legislation.
Rebecca C. Princehorn, Partner
Bricker and Eckler LLP

11:15 - 12:15 Revised Code Title 59: Current Issues Facing Ohio’s Veterans’ Service Commissions
The Veterans’ Service Commission is a board most counties have rarely heard from, but given the likely increase in veterans in need of services will be more prevalent going forward. This presentation will explore a large county's and a small county's dealings with the board, some of the manuals and guidelines they use, and the legal questions that will definitely arise. This presentation will also give some tips on reviewing the manuals and policies and advising the VSC on how some of their mandates should be handled.
Brian R. Gutkoski, Assistant Prosecutor
Cuyahoga County and
Jacob J. Stephens, Assistant Prosecutor
Huron County

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


CRIMINAL TRAINING – Cedar Point Convention Center, 2nd floor

9:00 - 10:30 The Reagan Tokes Law (SB 201): Ohio’s Return to Indefinite Sentencing
On October 4, 1989, Ronnie Shelton, a rapist from Cleveland, was sentenced to 3,196 years in prison. It was one of the longest recorded prison terms in Ohio history. At the time of his appeal, Shelton didn’t challenge his sentence. There were no statutory grounds to appeal an indefinite sentence that fell within the proper range at the time of Shelton’s conviction. Today, nearly every felony sentence is appealable. Trial judges, prosecutors and defense counsel spend as much time strategizing over sentencing issues as their counterparts did with trial tactics a generation ago. Sentencing hearings, along with plea hearings, are the new trials. The new “Reagan Tokes Law” (SB 201) returns indefinite sentencing to Ohio. The new law, effective for crimes committed on or after March 22, 2019, will increase the complexity of both plea and sentencing hearings. The law covers 435 pages, amends 57 existing O.R.C. sections, and enacts 5 new O.R.C. sections. This presentation will provide criminal practitioners with a basic introductory review of these changes. This summary doesn’t cover every aspect of the new law nor does it examine every possible nuance that will result from its enactment. Some of the conclusions in this presentation may be subject to debate and may well prove, over time, to be erroneous. The goal of this presentation is to provide an introductory discussion for prosecutors exposed to the new law for the first time.
Judge Sean C. Gallagher
Eighth District Court of Appeals for the State of Ohio

10:30 - 10:45 Break

10:45 - 12:00 HB228: The Recently Enacted Self Defense Bill
Although pared down in the final days of 2018 to remove the controversial "duty to retreat" or "stand your ground" portion, HB 228 still included many items prosecutors are going to have to deal with in the future on claims of self defense. Probably the most noteworthy would be the burden shift from the defendant to the prosecutor, but there are many other details to be known. This session will look into the new legislation and how it will affect your office.
Saleh S. Awadallah, Supervisor
Major Trial Unit and
Christopher D. Schroeder, Managing Assistant Prosecuting Attorney Capital Case Docket, Appeals Division
Both with the Cuyahoga County Prosecutor’s Office

CIVIL TRAINING – Breakers East Conference Center

9:00 - 10:00 Can They Eat That Edible at Lunch? Understanding Medical Marijuana in the Workplace.
Medical marijuana continues to create issues for Ohio’s public employers. Therefore, it is imperative that Ohio’s public employers be aware of their requirements under the law. At the outset, a general review of Ohio’s medical marijuana law will be discussed, as well as its impact on the workplace and county employers. Participants will be reminded that employers are not required to permit or accommodate employees’ use, possession, or distribution of medical marijuana. Attendees will also discuss the role of the ADA, civil service law and the importance of updated policies. Finally, the presentation will discuss trending issues related to medical marijuana. At the end of the session, attendees will have a better understanding as to how to minimize the risk of drug use in the workplace consistent with their legal obligations.
Benjamin S. Albrecht, Partner
Fishel, Downey, Albrecht, Rippenhof, LLP

10:00 - 10:15 Break

10:15 - 11:15 Avoiding Grave Scenarios: Cemetery Law Update
Who’s body is it? What do we do with it now that we have found it? Do we pay for an indigent burial? Is this a burial site? Got bones? Can’t we just abandon it? Let's discuss how to address these issues while exploring other little-known cemetery facts. Discussion will include a general overview of the obligations that certain public entities have with respect to cemeteries. Discussions will involve determining the obligations of an entity when a cemetery is abandoned. Further, discussion will pertain to the care of monuments, burial sites and the burying of indigent individuals.
Benjamin S. Albrecht, Partner and
Angelica M. Jarmusz, Associate
Fishel, Downey, Albrecht, Rippenhof, LLP

11:15- 12:00 If Good Fences Make Good Neighbors, What Happens When There is a Dispute? Reviewing Ohio’s Fence Laws.
Ohio fence law was originally enacted to address roaming animals and damage caused by those animals. However, property and fence line disputes have evolved. Many of the initial provisions of Ohio fence law have been repealed as property owners have to respond to different issues. Property owners that build and maintain fences have legal obligations to satisfy and responsibilities to their neighbors. It is inevitable, though, that disputes will arise between neighbors. When a dispute arises, a board of township trustees must understand its role in the dispute. This session will not only summarize Ohio’s fence law obligations, but also the process to be followed when a dispute arises. Additionally, other fence issues will be addressed.
Angelica M. Jarmusz, Associate
Fishel, Downey, Albrecht, Rippenhof, LLP


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.

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 evening reception, Friday evening dinner, and Saturday breakfast for the registrant and the registrant’s spouse or significant other (see details regarding additional guests). In the event of cancellations after June 14th 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 12th. 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 14th.

TAX EXEMPTION FORMS: The Cedar Point hotels require that each person registered have an individual tax exemption 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 registered 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 Wednesday, May 23rd. Use group code OPAA19. If they are not able to accommodate you, they can direct you to Castaway Bay or Cedar Point Express. These are both Cedar Point properties. The phone number is 419-627-2106. Check-in time is 4:00 p.m., and check-out time is 11:00 a.m. First nights room and tax is charged at booking, balance is due at check in if staying multiple nights. 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 or Diana a call (614-221-1266) as they might be able to help. Also, if you have rooms reserved, and find that you will not be using them, please call Delores or Diana 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!

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