August 15, 2014

Started: 9:00 a.m.

Participants: John Ball, Jennifer Sitterley Baum, Michelle Baumeister, Blaine Brockman, Bill Browning, Michael Bryan, Ashley Burke, Jeff Dehner, Jamie Fillippi, Nicholas Finke, Rebecca Goodman, Laura Goretta, Betty Groner, Ted Gudorf, John Hall, Jim Koewler, Jennifer Lile, Richard Meyer, Ed Moore, Tim Moore, Jeffrey Nicholas, Brittany O’Diam, Janet Pequet, Lynn Richardson, Bridgett Root, Patricia Schraff, Dan Seink, Elizabeth Stein, Laurie Steiner, Tim Stonecipher, Barry Zimmer, Richard Taps, Thomas Gilman


Tim Stonecipher moved to approve the Minutes from the May 23, 2014 meeting. Motion was seconded by Ashley Burke and motion carried. The May 23, 2014 Minutes were approved.

Treasurer’s Report: Jeff Dehner treasurer 

• $24,768.83 in our checking account

• $15,473.87 in our CD

• Budget submitted for approval; Jim Koewler moved to approve and Janet Pequet seconded. Budget was approved.

• We have a large balance and do not spend much at all (especially when chapter was not very active for a few years); our goal is to use the saved amounts to enhance the value of our membership

o Capital expenses – website, send officer to national NAELA conference (the UnProgram pays for itself)

o Goal: we want to spend at least the amount we receive in dues on member enhancements

Committee Reports: 

• Website/List-Serv: Jim Koewler o Richard worked with a company to develop the site for the chapter, and it is now live 

 Everyone needs to go to the website to register so they can access member content

o Jim is going to manage the content  Send your submissions to him – we need content! So any articles you have written that you’d like to share would be very appreciated.

 Send to:

o Jim also created a private Gmail forum for practitioners only (no public employees) to facilitate open and free discussion

Invite only; contact Jim if you’d like an invite.

• Advocacy: Dave Banas (not present) o Case Law Update handout generously provided by Jesse Beasley

• Membership: Ted Gudorf o Ted is taking over as chair (thank you to Michelle for all of your help over the years!)

o Richard will get with Ted to develop strategy

• Education: Betty Groner o Recap of the Certification Review Course that was held on August 14, 2014—success!

o Ashley asked for feedback and suggestions for how to improve it for future years  Email officers if you have any suggestions

o Richard provided an overview of the certification proves in Ohio (2014 is first year)

o Richard also explained that our chapter will not focus on providing CLE programs for practitioners, since that is really the purview of the Elder Law Committee of the OSBA

By-Laws: o Richard does not think National has approved our bylaws yet

o Richard wants to add a Board of Directors in addition to the officers  He will head

 Audit the books as we grow

 Facilitate long range planning

o Richard will develop a formal proposal and submit it for vote via email

o John Hall suggested hiring a CPA to handle tax return to ensure appropriate preparation and oversight

• Annual Conference Report: Ashley Burke o Provided a recap of this year’s program (May 2014)

o Focus was on special needs planning and fiduciaries

o Goals – to learn something new and create one new network

o New categories of disability, trends in elder law

o Summit will be on January 29, 2015 in Newport Beach, CA

o 2015 Annual Conference will be May 14, 2015 in Orlando, FL

• OSBA Elder Law Institute Dinner: o Officers hosted about 12 people for dinner following the first day of the ELI

o We will continue to sponsor this in coming years

o Janet called for speakers and suggested topics for the 2015 ELI (contact her)

o Steve Cianca passed away; he was instrumental in the development of the Elder Law Committee and the ELI  Donations in his memory can be made to Boy Scouts of America, Franciscan Family Association. Janet moved that the chapter donate $250 in his memory to the Franciscan Family Association, and Bill seconded; motion carried.

New Business 

• Brittany will set dates for all 2015 events and distribute them to membership prior to next membership call (November 14, 2015)

• Officer Positions – o Next election will be in 2015

o Ashley will be president and Brittany will run for President-Elect; Jeff will run for Treasurer again; need someone to take over the Secretary position (John Ball expressed interest)

o Please submit nominations for positions in early 2015

• Richard is speaking with Florida chapter for advice on how to structure the chapter for advocacy purposes

• Annuity Case Funding: o Jeff Dehner had moved that the chapter contribute a $15,000 grant to fund the current annuity litigation efforts via email on July 23, 2014; matter was brought for discussion

o Richard explained that we will be paid back for the money contributed under the 1983 action if the plaintiffs win (first in, first out)

o Bill provided a history of the litigation efforts up to this point

o Current issue – motion for injunctive relief to enforce Hughes; asked for hearing – if they won’t enforce, then motion to de-fund Ohio Medicaid for failing to comply with federal law  Cincinnati lawsuit filed; motion for permanent injunctive relief to be filed ASAP

 Janet described clients, facts, state’s position

 Oral argument for Atkinson to be heard the following week at Supreme Court of Ohio (house in Trust case) • State says that this will conclude that you can’t use spenddown funds for anything at all, really (other than paying for care)

o Bill explained need for funding  Krause also contributing $15,000

 Case will still move forward even without the chapter’s financial support, but this would be a great relief for the attorneys who take up these causes

 Will not be asking for anything more in this case

o We previously had motion and second (by email); call for discussion  Betty Groner asked if pleadings can be provided on our website so we can follow along; Richard will scan all filings • John Ball cautioned that we need to let the attorneys run the case without interference

 Lynn Richardson inquired as to whether our chapter can provide an amicus brief – we can

 John Hall noted that our chapter is doing this because it is in the best interest of Ohio at large

 Lynn noted that if the court later cuts the attorneys fees, then our reimbursement should be proportionately reduced • Bill suggested we cross that bridge when we come to it

o Unanimous passage of motion by oral vote

Meeting Adjourned: 10:30 a.m.

Respectfully Submitted,

Brittany O’Diam, Secretary