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Item N4 N.4 County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS Mayor Craig Cates,District 1 Mayor Pro Tem Holly Merrill Raschein,District 5 The Florida Keys Michelle Lincoln,District 2 James K.Scholl,District 3 David Rice,District 4 County Commission Meeting April 19, 2023 Agenda Item Number: N.4 Agenda Item Summary #11991 BULK ITEM: Yes DEPARTMENT: County Administrator TIME APPROXIMATE: STAFF CONTACT: Lindsey Ballard (305) 292-4443 No AGENDA ITEM WORDING: Approval of employment agreement with Director of Operations Tiffany Fridley for Medical Examiner department; authorization for County Administrator to sign agreement. ITEM BACKGROUND: Concurrently with this item, there is a separate item on this agenda asking for approval of the Board of County Commissioners to create a medical examiner department, with the Medical Examiner as the department head; appointment of the Medical Examiner as department head; and creation of two new Full Time Equivalent(FTE)positions (for the Medical Examiner and Director of Operations). This item is contingent upon approval of the other item. The Medical Examiner has requested that his current Director of Operations, Tiffany Fridley, be hired as a contract employee. Pursuant to F.S. 121.0515(2)(g) and F.S. 121.0515(3)(i), this position is eligible to be designated as a member of the Special Risk category for purposes of the Florida Retirement System, subject to submission of an application by the Director of Operations approval by FRS. The salary for the Director of Operations has been approved by the County Administrator. All changes are planned for an effective date of May 1, 2023. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: New agreement STAFF RECOMMENDATION: Approval. Packet Pg. 2466 N.4 DOCUMENTATION: Ms. Tiffany Fridley Director of Operations signed contract FINANCIAL IMPACT: Effective Date: May 1, 2023 Expiration Date: No expiration date. Total Dollar Value of Contract: $92,000 per year salary + other benefits as detailed in employment agreement Total Cost to County: as outlined above Current Year Portion: Budgeted: Yes Source of Funds: Primarily ad valorem CPI: No Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: No County Match: No Insurance Required: No Additional Details: TBD REVIEWED BY: Roman Gastesi Completed 04/04/2023 9:14 AM Cynthia Hall Completed 04/04/2023 9:37 AM Bryan Cook Completed 04/04/2023 10:03 AM Purchasing Completed 04/04/2023 10:04 AM Budget and Finance Completed 04/04/2023 3:01 PM Brian Bradley Completed 04/04/2023 3:16 PM Lindsey Ballard Completed 04/04/2023 3:23 PM Board of County Commissioners Pending 04/19/2023 9:00 AM Packet Pg. 2467 EMPLOYMENT AGREEMENT BETWEEN MONROE COI, NTYJLORIDA AND TIFFANY FRIDLEY FOR POSITION OF DIRECTOR OF OPERATIONS, MEDICAL EXAMINER DEPARTMENT THIS AGREEMENT is entered into on April 19, 2023, by and between Monroe County, Florida, acting through its Board of County Commissioners ("Board or"BOCC"), a political subdivision of the State of Florida, whose main business address is I 100 Simonton Street', Key West, Florida 33040, and Tiffany Fridley (,"Employee"). WHEREAS, Ms. l'iffany Fridley is currently employed as an employee of Michael R. Steckbauer, M.D. M + M Forensics, P'.A., in the capacity of Director of Operations; and WHEREAS, Dr. Michael Steckbauer currently serves as the Medical Examiner for District 16, which covers Monroe County and corresponds to the 16"'Judicial Circuit; and WHEREAS, Dr. Steckbauer has requested and the Board of County Commissioners has agreed to create a Medical Examiner department; and WIJERI AS, Dr. Steckbauer has requested to be named as the department head for the new Medical Examiner department; and WHEREAS, Dr. Steckbauer has recommended that Ms. Fridley be hired as an employee of Monroe County and continue performing the same functions for the Medical Examiner; and WHEREAS, Employee has Interviewed and been selected for the position; and WHEREAS, negotiations between the County and Employee have resulted in this mutually acceptable Employment Agreement ("Agreement"); and NOW THEREFORE, in consideration of the mutual promises contained herein the County and Employee set forth herein, it is mutually agreed as follows: I. EMPI.,OYMENT. Subject to successful completion of all post-offer pre- employment screening by Monroe County, including but not limited to background checks, Employee shall be employed by the County as Director of Operations within the Medical Examiner department. 'I'he first date of employment shall be May 1, 2023. 'File status of the Employee shall be a Contract Employee as that term is defined in Section 2.03 of the Personnel Policies & Procedures Manual ("Manual"). 2. DUrIES. Duties of the Employee will be as set forth in the Job Description attached hereto as Exhibit A, the provisions of which are incorporated herein by reference. 3• COMPENSA110N. In return for performance of the duties set forth in Exhibit A, including but not limited to specific duties assigned by the Co Imissioner from time to time, Employee shall receive an annual base salary in the amount Of ninety two thousand dollars and - I - no cents ($92,000.00) ("Base Pay"), The Employee will also receive all benefits set forth in the Monroe County Personnel Policies & Procedures Manual ("Manual") as said Manual may be amended from time to time. County and Employee agree that the position. of Director of Operations will be a full-time position deemed exempt under the Fair Labor Standards Act. Work- hours performed, annual leave, personal leave, and sick leave hours taken will be documented using procedures as instructed by the County. Subject to application by the Employee and approval by the Florida Retirement System ("FRS"), this position may qualify for membership within the Special Risk class within FRS provided Employee meets the criteria in RS. 121.0515(3)(i). Employee shall not receive overtime compensation for hours worked in excess of forty (40) hours per week including work done pre or post disaster including but not limited to hurricanes, 4. TERM OF AGREEMENT; TERMINATION; CANCELLATION; GENERAL REI..,EASE. The Term of this Agreement shall begin on May 1, 2023 and shall continue until terminated in accordance with the language below. The Employee understands that the appointment is a relationship that is highly dependent upon the personal and confidential relationship between the Employee and the Medical Examiner. In entering into this Agreement, the Employee therefore understands that lie or she serves at the pleasure ofthe Medical Examiner; that there is no set term to this Agreement; and that the Employee can be terminated at any time upon twenty-four hours written notice by the Medical Examiner, with or without cause, but that in any event the Agreement will terminate when the Medical Examiner leaves office, except that (a) at,the conclusion of employment, the Employ may either elect to receive a payout of annual or sick leave or compensatory time on the books, e I e S, or may choose to use existing annual or sick leave or compensatory time to extend the last date of employment beyond the term of office of the Medical Examiner, but only up to a maximum of four(4) weeks' of employment, and (b) in the event that the current Medical Examiner leaves, the Employee may, subject to the consent of the Employee, be designated to remain the position by the County Administrator for an indefinite period of time but not to exceed the time when the position of Director of Operations or any other similar job title is filled for a successor Medical Examiner. The Employee further understands that in the event of termination, the Employee is free to apply to the County for any other position then currently open and the County is free to consider the Employee for any open position, but that the County has no obligation to place the Employee in another position, and specifically has no, obligation to place the Employee in a position of equivalent or comparable salary, grade, or benefits. In entering into this Agreement, the Employee therefore specifically waives the right to utilize the grievanceprocedure set in -louse Bill No. 265 8, Chapter 69-132 1, the Monroe County Sections 9 and 10 of the Manual; F c e forth Career Service Council; as well as any rights to which a Monroe County employee would otherwise be entitled under Chapter 447, Florida Statutes. As used in this paragraph, the term "for cause" will mean (a) dishonesty with respect to the business and operation of the County; (b) confirrned violation of the County's drug policy; (c) refusal to cooperate in an investigation regarding any aspect of the business or operation of the County, including but not limited to an investigation which is conducted by or at the express direction of the BOCC; (d) conviction of a crime which is classified as a felony or a crime involving moral turpitude;, (e) gross neglect or willful and intentional misconduct; (1) conviction of a crime; (g) violation of a provision of the Monroe County Code; or (h) breach of any material term or condition of this Agreement by the Employee, - 2 - 6, ATTORNEYS' FEES AND COSTS. In the event of any litigation initiated by either party, the prevailing party shall receive reasonable attorneys' fees, costs of litigation, and related expenses, both at the trial and appellate levels. 7. GOVERNING LAW; ATTORNEY'S FEES AND COSTS; VENUE. This Agreement is made in the State of Florida and will. be governed by Florida law. This Agreement may be signed in more than one counterpart, in which case each counterpart will constitute an original of this Agreement. Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Agreement. Wherever used herein, the singular will include the plural, the plural will include the singular, and pronouns will be read as masculine, feminine, or neuter as the context requires. Monroe County, Florida will be the proper venue for any litigation involving this Agreement. This Agreement is not subject to arbitration, 8. onIERTERMS AND CONDITIONS. A. This position shall report to and be supervised by the Medical Examiner, B. Except as set forth herein, the Employee is subject to all terms and conditions set forth in the Monroe County Personnel Policies & Procedures Manual ("Manual") as may be amended from time to time. To the extent there is a conflict between the terms of this Agreement and the Manual, the terms of this Agreement shall prevail. C. If any provision, term, or portion of this Agreement shall be held to be unconstitutional, illegal, invalid,, or enforceable by a court of competent jurisdiction, the remaining terms, conditions, and portions shall remain in full, force and effect as if originally agreed to without the term, condition, or portion that has been determined to be unconstitutional, illegal, invalid or unenforceable. D. The waiver by either the County or the Employee of a breach or violation of any term or provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach or violation by the other party. E. The County and Employee acknowledge that each has shared equally in the review of this Agreement and, accordingly, no, court or administrative hearing officer shall construe any provision of this Agreement more strictly against one party over the other party, and every term, condition, covenant, and provision of this, Agreement shall be construed simply according to its fair meaning. Employee further acknowledges that she or lie has had the Agreement reviewed by an attorney, or has been given the opportunity to do so and has waived that opportunity, F. This Agreement incorporates and supersedes all prior negotiations, correspondence, conversations, agreements, and/or understandings applicable to the matters contained herein. It is further agreed that there are no commitments, agreements, inducements, or understandings concerning the subject matter of this Agreement that, are not contained herein, and no deviation firorn the terms hereof shall be predicated upon any prior representations, offers, Promises, inducements, or agreements, whether oral or written, and by whoiriever made. - 3 - G. The text herein constitutes the entire agreement between the Employee and the County, and this agreement cannot be amended except by a written document mutually agreed to and executed with the same formalities as this Agreement. The rights and obligations of this Agreement are personal to the Employee and cannot be assigned or transferred. IN WITNESS WHEREOF, the parties hereto have set their hands and seals, in the County of Monroe, Florida, this 19 day of April 2023, On behalf of Monroe County, Florida Doman Gastesi, County Administrator WITNESS: Employee B By: 'ridley [Print Name: Approved as to form and legal sufficiency: Monroe County Attorney's Office 4-3-2021 - 4 - Job Description: Director of Operations Exhibit A Scope: The Director of Operations is responsible for overseeing all functions associated with the investigative forensic operations in the Medical Examiner's Office and the front office staff. This position exercises considerable independent judgment and professional skills in the continuous analysis and review of the offices operating functions and services. . Education, Training and Experience: - Associate's or Bachelor's degree from an accredited American university or college (preferably in Mortuary Science or Criminal Justice), and/or three (3) years experience in forensic or law enforcement investigations, and a minimum of one year supervisory experience. Duties and Responsibilities: (Note: The following duties and responsibilities are not descriptive of any one position. The omission of a specific statement does not preclude the assignment of that task to this class.) • Serve as a liaison between all law enforcement and other related agencies; • Perform a continuous analysis and review of forensic and clerical operating functions; • Measure the effectiveness and efficiency of the investigations and office divisions of the organization; o Assist and advise in the preparation of all budget/fiscal materials, affirmative action programs, and other major reports produced by the office; - Remain aware of all statutes that effect the Medical Examiner's operations and its relationships with other public and private agencies; • Serve as a public relations spokesperson for the Death Investigation section of the office; • Provide information to the public by means of public speaking appearances at civic groups, law enforcement academies, and other forums; • Operate a mortuary stretcher; • Move decedents of various sizes and conditions from place of discovery onto mortuary stretcher and into removal vehicle; - Rotate on-call duties(occasionally) and insure investigator functions, forensic technician functions, and secretarial functions are per-formed; and, - Assist in the administration of the computer network and the records contained therein. Perform Forensic Autopsy Technician duties as needed: • Assist pathologists with autopsies and physical examinations; • Respond to and transport decedents, medications, medical records and any other items as directed from various locations of death as needed/directed/requested; • Accurately log in bodies and initiate case files and computer records when required; • Prepare accurate records of processing; • Photograph or videotape bodies and evidence; • Maintain morgue areas, supplies and equipment; • Oversee the release of bodies to funeral homes; • Perform X-rays as needed; • Perform general morgue and office duties as required by district size; • Assist with the collection and labeling of evidentiary materials at the direction of the pathologist including toxicology and other laboratory samples; - 5 - • Process property related with cases; • Attend educational conferences as required; Knoiviedge Requirert • Principles of management and leadership; • Federal Wage and Hour Law provisions; • Florida Statute 406 (Medical Examiner Act); • Budgetary procedures in the district and of the Medical Examiner Office; • Contents of contracts that are pertinent to the Medical Examiner Office; • Florida Administrative Code Chapter I I G (Medical Examiner Rules) • Florida Statute 119 (Public Records Law); and, • Vital Statistics laws which impact on determination of next-of-kin, cremation approval and disposition of bodies. Skills Requirett • Good phone demeanor for public relations exposure; • Good powers of observation and fact finding; • Communicate effectively through grammatically correct written reports; • Use of mortuary stretcher, • Use photographic, video or x-ray equipment; and, • Operate a motor vehicle for scene response, • Principles of chain-of-custody; • Basic anatomy and morphology; • Medical Examiner case record keeping and documentation procedures; • Sterilization and disinfection techniques; Abilities Requireil: -Promote a spirit of teamwork to maintain good communication between all members of the office so that details are not overlooked; - Work effectively with law enforcement agencies to gather vital medical and evidential information; • Deal objectively with the emotional stress generated by dealing with death daily; • Work long hours occasionally under adverse conditions; • Apply appropriate leadership principles; • Ability to read legal documents and Statutes; • Maintain a sense of caring for the survivors' emotional well being; • Operate a mortuary stretcher; • Move decedents of various sizes and conditions from place of'discovery onto mortuary stretcher and into removal vehicle; • Be physically able to lift 1501bs; • Follow direction while entering and working inside of a designated crime scene; • Teach short courses for police academies, civic groups and philanthropic organizations; and, • Create or assist in the creation of statistical reports or procedures for such reports. • Body evisceration and associated procedures, to include opening of the cranial vault; • Use of mortuary stretcher; • Use of autopsy instruments and equipment; and, • Basic keyboard proficiency for using typewriters or computers. - 6 - - Monitor all aspects of body preparation, examination, and autopsy procedures to determine what actions may be needed to properly process the case, • Document all actions related to case processing; • Assist in the creation or modification of procedures and/or forms utilized during forensic autopsy/morgue operations, Supervision: - Reports to Chief Medical Examiner ADA Requirements: Physical Demands: - Administrative office work involving the use of telephones, computers, and general office equipment. - heavy to very heavy work involving occasional response to death scenes with a potential for periods of sleep deprivation, - Heavy to very heavy work involving loading or unloading of deceased human remains of various sizes and conditions from various locations of death onto mortuary stretchers, and transferring decedents to mobile carts and/or fixed tables. - Work requires ability to operate a van or van-like motor vehicle during all hours of day or night, lift, Pull, push, feet, see (color, acuity, depth perception), carry, walk, stoop, kneel, bend, handle, talk and operate • telephones, • vans or van-like motor vehicles, • mortuary stretchers, • computers, • morgue equipment. and Is office equipment. Environmental Demands: * Involves work in both indoor and outdoor environments, * Work requires ability to tolerate exposure to inclement weather (rain, cold, heat, and humidity), chemicals, dust,, poor ventilation, foul odors, fumes and fluids of human remains. Mental Demands, • Involves work of both intellectual and emotional challenges. • Work requires ability to • read and comprehend scientific, medical and technical reports, abstracts and documents such as memos, safety rules, evaluations, letters, laws and regulations, • perform algebraic mathematical functions, • analyze information and develop conclusions, • write complex sentences relaying information, data and details, • testify in court, • speak clearly and concisely when relaying information, • lecture and speak extemporaneously on a variety of subjects, • cope with the emotional challenge of handling human remains, and - 7 - o provide emotional support to surviving family and acquaintances of the deceased. Confidentiality Requirements: * Active criminal investigations are not sulZiect to complete disclosure under Florida public records laws and employees shall not discuss such cases unless it is with the involved law enforcement investigator(s). Information related to corporate financial operations, salaries, personnel records including accrued leave, medical records and disciplinary action falls under Florida's public records laws. Only those positions authorized to provide public records pursuant to lawful requests may release such information to the public. • All other employees shall refrain from discussing or sharing such privileged information with fellow employees or the public unless directed to do so by competent authority. - 8 -