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04/19/2023 Agreement ®n Kevin IVICtUVR, CPA ...........--............. Clerk of the Circuit Court& Comptroller— Monroe County, Florida DATE: April 27, 2023 TO: Romari Gastesi Comity Adiiiiiiistrator Lindsay Ballard, Aide to the County Adiiiiiiistrator ® Paiiiela G. Harico(OW-1c. SMECT: Apnil l9di BOCC Meetilig .............— Attached is au electronic copy ol'tlie lolloNvirig fleiii for your handling: N3 Erriploymerit Agreciiieut ivitli Medical Examiner Micliael R. Stec Bauer, M.D.; creation of County medical examiner department and approval of'Medical Exaruincr as depart-iiieut head; approval of hill-time equivalent (F1'E) positions for Medical Examiner and Director ol'()I)erafioiis positions. Should you leave any questions please Feel free to contact iiic at (305) 292-3550. cc: County'Attonicy Fuiaiicc File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 EMPLOYMENT AGREEMENT BETWEEN MONROE COUNTY, FLORIDA AND MICHAEL STECKBAUER, M.D. FOR POSITION OF MEDICAL EXAMINER THIS AGRIEMEN'r is entered into 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 Michael .plobeft Steckbauer, M.D. (" Dr. Steckbauer"or "Medical Examiner"), WHEREAS, the provision of medical examiner services as detailed in Section 406.11., F.S., is an integral part of the criminal justice system; and WHEREAS, Chapter 406. F.S., provides that district medical examiners shall be appointed by the Governor of the State of Florida from nominees who are practicing physicians in pathology, and that the person shall serve as the medical examiner for the district, and shall be entitled to compensation and such reasonable salary and fees as are established by the board of county commissioners in the respective districts, and WHEREAS, Dr. Steckbauer has the specialized education, training, expertise, and experience to perform the necessary forensic laboratory and medical examiner services; and WHEREAS, Dr. Steckbauer was appointed by the Governor to serve as the interim District Medical Examiner for District 16, which covers Monroe County and which corresponds to the 16111 Judicial Circuit, beginning on July 1, 2017; and WHEREAS, on July 19, 2017, the :Board entered into an Agreement for the Provision of Medical Examiner Services("Agreement")with the Medical Examiner, setting forth the terms and conditions of a contractual relationship between the Board and the Medical Director, including scope of services" and annual budget including salary to the Medical Examiner; and WHEREAS, on August 1.6, 2017, the parties entered into Amendment I to the Agreement, in order to replace Dr. Steckbauer with the name of his wholly owned corporation, Michael R. Steckbauer, M.D. M + M Forensics, P.A., as the contracting party; and WHEREAS, on Decerriber 11, 2019, the parties entered into Amendment 2 to the Agreement, in order to (a) add funds for a vehicle allowance for the Medical Examiner, (b) authorize reimbursement for contributions to a 401k or other similar pension plan up to levels approved by the IRS; and (c) authorize reimbursement for payments to assisting doctors ("locurn tenens payments"); and WHEREAS, the Medical Examiner has expressed an interest in converting his relationship with the Board from one of being an independent contractor to one of being all employee; and WHEREAS, the Board is amenable to creating a Medical Examiner employee position, on the terms and conditions set forth below. NOWTHEREFORE, in consideration of the covenants and promises contained herein, the PARTIES hereby agree as follows: 1. RECITALS. The above Whereas statements are incorporated into and made a part of this Employment Agreement ("Agreement"). 2. EMPLOYMENT. A. Michael Robert Steckbauer is hereby employed by the Board for Monroe County, Florida as a contract employee in the position of Medical Examiner, 3. DUTIES. A. Dr. Steckbauer shall perform or cause to be performed all necessary duties required of a district medical examiner under Chapter 406, Florida Statutes, and Chapter I I G, Florida Administrative Code (collectively, the "Medical Examiners Act"), and all of the duties listed on Exhibit A,job description. B. By entering into this Agreement, the Medical Examiner represents that he meets all of the requirements for the position set forth in the Medical Examiners Act, Medical Examiner understands and agrees that his employment will be terminated immediately should lie lose the qualifications set forth in the Medical Examiners Act, including, but not limited to, the qualification of his gubernatorial appointment as the medical examiner for District 16. C. Medical Examiner shall hold and perform the duties required of a department head, including but not limited to: Preparation of annual budget for submission and approval by the BOCC; preparation of departmental goals and action plans; achieving departmental goals and objectives as assigned by the County Administrator; supervision of subordinate employees in accordance with Monroe County personnel policies; those duties, functions, and assignments which may from time to time be directed by the BOCC. D. Duties shall be performed in a professional, respectful, and timely manner and in accordance with the highest standards of ethical behavior established by the Code of Ethics of the International City/County Manager Association and with Part 111, Chapter 112, Florida Statutes, entitled Code of Ethics for Public Officers and Employees. E. Medical Examiner understands and agrees that the position that lie holds is an exempt position as defi tied by the Fair Labor Standards Act. F. In accordance with Section 125,74, Florida Statutes, the Medical Examiner shall report to and be supervised directly by the County Administrator, G. Medical Examiner understands and agrees his duties under this Agreement will require him to routinely work varied hours in excess of the normal County work-day and the hours worked shall be consistent with the needs of the position, Medical Examiner shall not receive overtime compensation for hours worked in excess of forty 40 per week including work done pre or post disaster including but not limited to hurricanes. the 11. Nothing in this Agreement or in the BOCCs policies rules and procedures will limit 2 AO Medical Examiner's s right to make passive financial investments to participate in charitable service or work, with charitable organizations and other community activities including trade and professional organizations or to undertake other activities which do not interfere with the performance of theMedical Examiner s duties under this Agreement it being Mutually agreed that the Medical Examiner's participation in such activities is of such benefit to the BOCC and the County L The Medical Examiner will be reasonably available to BOCC members and key County staff twenty four 24 hours per day. Such availability will be by telephone or electronic messaging or in person J. Due to the nature of the Medical Examiner's duties and the requirements of the position interference with the Medical Examiner's private life is to be expected and it is recognized that the Medical Examiner may from time to time absent himself during normal business hours for personal reasons however the Medical Examiner shall remain reasonably available to Board members and key Board staff by telephone or other electronic means. 4. TERM OF AGREEMENT; TERMINATION. A. Terin of Agreement. The normal term of this,Agreement shall run from May 1,2023 until May 31, 2028. The Agreement may be amended in order to extend the term of the Agreement. B. Termination. L The Medical Examiner may terminate this Agreement with or without cause upon giving the County a minimum of'sixty (60) days prior written notice, ii. The County may terminated this Agreement for cause should it believe that the Medical Examiner has breached any provision within this Agreement, Should the County determine that this Agreement should be terminated for cause, it shall notify the Medical Examiner,the Medical Examiners Commission, and the Government as soon as is feasible after the occurrences) that is(are) the basis for such termination. Recognizing that the Governor and the Medical Examiner Commission have the sole authority to Suspend or remove the Medical Examiner pursuant to Sections 406.06 and 406.0�75, Florida Statutes, the County may only terminate or reduce payment tinder this Agreement for failure of the Medical Examiner to fulfill the terms of this Agreement or other violations of the provisions of the Agreement. In this event, the County shall give written notice to the Medical Examiner of intent to terminate the Agreement, a niinimum of sixty (60) days in advance of the intended termination date, which notice shall specific cause. The notice may allow a time period during which the breach rnay be cured. The County shall pay the Medical Examiner fair and equitable compensation for all expenses incurred,prior to the termination of the Agreement. iii, The Medical Examiner may terminate this Agreement for cause should he believe that the County has breached any provision within this Agreement. In the event that the Medical Examiner determines that this Agreement should be terminated for cause, he shall notify the County and provide a minimum of sixty (60) days in advance of the intended termination date. The notice may allow a time period during which the breach may be cured, iv. In the event that the Medical Examiner's appointment is terminated by the 3 Governor for any reason, this Agreement shall terminate immediately, C. This Agreement is subject to annual appropriation by the Board of County Commissioners. 4. COMPENSATION. As consideration for the agreements and services to be performed by the Medical Examiner I"Or the benefit of the Board and County as contained elsewhere in this Agreement, the Board shall pay to the Medical Examiner an annual salary in the amount of three hundred thirty nine thousand zero dollars and zero cents($339,000.00). "The salary shall be increased annually thereafter according to the County policy of cost-of-living and merit increases provided to other County employees. A. The salary shall be paid in installments at the same time and in the same manner as other County employees are paid, and will be subject to all legally required deductions. Currently, payments are paid in equal biweekly installments (26 pay periods per annum), B. In addition, the Medical Examiner shall be entitled to employment benefits as outlined below. 5. PROFESSIONAL MEMBERSHIPS, The Medical Examiner shall, as a minimum, maintain membership in the following professional organizations and interest groups: The American Board of Pathology, The National Association of Medical Examiners, The Florida Association of Medical Examiners and The American Society for Clinical Pathology. All dues, occupational licenses, fees, and costs, for obtaining and maintaining the memberships delineated above will be paid for by the BOCC. 6. LOCAL LIAISONS AND MEMBERSHIPS. The Medical Examiner shall establish and maintain liaisons with his Counterparts in local governmental and public agencies located within the geographical limits of Monroe County, and with such agencies of the State of Florida and the federal government as may be appropriate and desirable. Any reasonable costs, fees, charges, or other expenses incurred in establishing and maintaining, these liaisons shall be reimbursed or paid for by the BOCC. Additionally, the Medical Examiner is authorized to become a member of civic clubs or organizations deemed to be appropriate by Medical Examiner, and the costs of membership shall be paid for by the BOCC; provided, however, that the costs of membership and participation in such civic organizations shall not exceed one thousand dollars ($1,000�.00) each fiscal year. 7. EMPLOYMENT BENEFITS. A. Health, Medical, Dental, Vision, and Related, Benefits. The BOCC agrees to make available to the Medical Examiner the same health, medical, dental, vision, life, accidental death & dismemberment, and other related benefits as it currently offers to other non- union County employees, under the same terms and conditions as offered to other non-union County, employees, and as may be changed, amended, deleted, or added to from time to time. B. Holiday Benefits. The Medical Examiner will receive the same paid holidays as the County's non- union employees receive, C. Other Customary Benefits. The Medical Examiner shall have the right to,participate in and receive the benefits of other ernployment-related benefits as are available to other non- union County employees, including but not limited to Florida Retirement System, For 4 fl(y purposes of Florida Retirement System, this position is designated as being within the Special Risk class, provided the Medical Examiner meets the criteria set forth in FS. 121.0515(3)(i). D. The County agrees to pay for any and all pro ressional insurance necessary for the perforinance of the duties under this Agreement, including but not limited to medical malpractice insurance. 8. ANNUAL LEAVE SICK LEAVE PERSONAL LEAVE TRANSFER OF LEAVE A. The Medical Examiner will earn and be credited with annual leave at a rate per month equal to the highest rate earned by any other employee or officer of the BOCC. The Medical Examiner may accumulate annual leave without limit and no unused annual leave shall be forfeited due to nonuse any provisions of the Personnel Policies and Procedures Manual to the contrary notwithstanding B. The Medical Examiner will earn and be credited with sick leave at a rate per month equal to the highest rate earned by any other employee or officer of the BO�CC. The Medical Examiner may accumulate sick leave without limit and no unused sick leave shall be forfeited due to nonuse any provisions of the Personnel Policies and Procedures Manual to the contrary notwithstanding Additionally the Medical Examiner shall have the option of joining and receiving the benefits of the Monroe County Sick Leave Pool in accordance with the policies and procedures that are applicable and in effect. C. The Medical Examiner will be credited with five (5) days of paid personal leave each year commencing with the date of May I st 2023 and each anniversary of that date thereafter. Such leave may be used by the Medical Examiner at his discretion and may be accumulated without limit except that any accrued such leave shall not be included in final payment when this agreement terminates for any reason. 9. OFFICE SPACE, OFFICE STAFF AND SUPPORTING SERVICES A. Office Space, The BOCC will provide office/morgue space for the Medial Examiner at the Monroe County Medical Examiner Facility at 56639 Overseas Highway, Marathon, Florida 33050 and this space will be the primary office for the Medical Examiner. B, Staff The BOCC will provide qualified and trained staff to assist the Medical Examiner in efficiently, productively and professionally meeting the mission goals and objectives of the office of the District Medical Examiner and the duties of District Medical Examiner. C. Supporting Services. The BOCC will provide utilities, telephone service, computer hardware and software, electronic research and e mail services, world wide web and internet access, books and Subscriptions, periodicals, office supplies, photocopy equipment, county web page presence and server access and storage space, postage, office equipment and furniture, and other similar materials equipment and services as may be necessary for the proper productive and efficient operation of the District Medical Examiner's office. The County shall provide a laptop for the Medical Examiner's use. All assets provided by the County remain the property of the County, 5 AO 10. INDEMNIFICATION AND COOPERATION. A. Indemnification. The BOCC agrees to defend, hold harmless, and indemnify the Medical Examiner against any tort, professional liability, or other legal demand, claim, or action which is related directly or indirectly to the Medical Examiner's action in his capacity as Medical Examiner and in his performance of duties for the Board. B. Cooperation. In the event of actual or threatened litigation and/or administrative proceedings involved the BOCC' or the County which arises out of an action or actions which occurred or are alleged to have occurred while the Medical Examiner was acting in the capacity of Medical Examiner for District 16, the Medical Examiner will cooperate with, the BOCC and its counsel in defending and resolving the litigation or proceeding. In such regard, the BOCC agrees to pay the Medical Examiner's reasonable travel and subsistence expenses incurred in cooperating with the BOCC and its counsel, including preparation for and actual discovery, settlement, and trial and hearing of such matters. (1) The Medical Examiner agrees that, unless required by law, he will not cooperate with or assist any party,person, or entity who has, had, or may have, or asserts that he, she or it has or may have any claim of any nature against the BOCC or the County, its agents, officers, or employees, unless the BOCC or its authorized agent expressly consents in writing to waive this provision of this Agreement, (i i) The Medical Examiner will not disclose to any person, party, or entity any confidential, proprietary, time-sensitive, or non-public information relating to the BOC CC, the County, and its operations unless required by law to do so. (iii) "I'lie restrictions, prohibitions, and conditions set forth in Section 18.13(i) and (ii) will not be applicable in instances where one or more governmental entities with jurisdiction over a claim or a violation of law are involved. 11. GOVERNING LAW; ATTORNEY'S FEES AND COSTS; VENUE. This Agreement is made in the State of Florida and will be governed by Florida law. 'The prevailing party in any litigation, arbitration, or mediation relating to this Agreement will be entitled to recover its reasonable expenses and attorneys' fees from the other party for all matters, including but not limited to. appeals. Monroe County, Florida will be the proper venue for any litigation involving this Agreement, 12. FORM OF AGREEMENT. This is the entire agreement between the 13OCC and the Medical Examiner and may not be modified or amended except by a written document signed by the party against whom the enforcement is sought. This Agreement may be signed in more than one counterpart, in which case each counterpart will constitute and 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. 13. NOTICE Any notice required to be provided under the terms of this Agreement shall be given by U.S. Postal Service or email, unless otherwise specified herein, to the parties as shown below. 6 The effect date of any notice shall be the date of receipt, provided receipt is confirmed by the recipient. Each party must advise the other of any status change concerning this notice section. For the County: For the Medical Examiner: Monroe County Administrator Michael Steckbauer, M.D. I 100 Simonton St- 2"' Floor 57560 Overseas Highway Key West, FL 33040 Marathon, FL 33050 With a copy to: Monroe County Attorney's Office I I I I 12t" St., Suite 408 Key West, FL 33040 14. OTHER TERMS AND CONDITIONS. A 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. B. The waiver by either the BOCC or the Medical Examiner 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. C. Should the Medical Examiner die during the term of this Agreement, the obligations of the BOCC under this Agreement shall immediately terminate except for payment of accrued and unused leave balances to the Medical Examiner's designated beneficiaries of his estate; payment of all outstanding hospitalization, medical, dental, and vision bills in accordance with the County's plans, policies, and procedures; and payment of all life insurance benefits in accordance with the terms of the County's insurance policies or plans. D. The BOCC and Medical Examiner acknowledge that each has shared equally in the drafting and preparation of this Agreement and, accordingly, no court or administrative hearing offlicer 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. E. This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. It is further agreed that there are no commitments,agreements,or understandings concerning the subject matter of this Agreement that are not contained herein,and no deviation from the terms hereof shall he predicated upon any prior representations, offers, promises, inducements, or agreements, whether oral or written, and by whomever made. The text herein constitutes the entire agreement between the BOCC and the Medical Examiner, and this agreement cannot be amended except by a written document mutually agreed to and executed with the same formalities as this Agreement. 7 F. The rights and obligations of this Agreement are personal to the Medical Examiner and cannot be assigned,transferred, or otherwise impaired by the Medical Examiner. KFORL the parties hereto have signed and sealed this agreement on the date first <rvBOARD OF COU TY COMMISSIONERS 0' MADOK, Clerk OF MON4ROE' NVIF Y1 By: Bv: or r, As Deputy Clerk Mayo , haiipei,son Witnesses: Print Name: MICHAEL ROBERT STECKBAUER, M.D. Print Name: MONROE COUNTY ATTORNEY'S OFFICE Digit" bert "'signed by"-'en 13 Shillinger DN:cn=Ro B.Shillinger,o=Monroe County BOCC, ou=Monroe County Attorney,emaikshAtinger- Robert B. Shillinger J>ob@monroecounty-fl.qw,c-US Date:2023.04.26 14:1933-04'00' Approved for form and legal sufficiency by Robert Shillinger, County Attorney ti -0 C:) Na -T1 wu 'j CD -0 'no rn 8 pt Exhibit A Job Description Job Description. Chief Medical Examiner Scope: The Chief Medical Examiner is responsible for fullilling, the requirements of the Florida Statutes 406. This position exercises considerable independent judgement and professional skills in the continuous analysis and review of the office's operating functions and public services. Education, Training, and Experience: - Pathologist certified by the American Board of Pathology in Anatomic Pathology, and Forensic Pathology. - Licensed as a physician in the State of Florida as required by the Florida Department of Professional Regulations, - 10 years of experience in forensic pathology with at least one year of experience as a Deputy Chief/District Medical Examiner, or Chiefflistrict Medical Examiner. 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.) Managerial: - Develop and promote liaison between all law enforcement and other related agencies including the Medical Examiners Commission of the State of Florida; • Perform a continuous analysis and review of all operating functions; • Measure the effectiveness and efficiency of the various divisions of the office; • Prepare all budget/fiscal materials, affirmative action programs, and other major reports produced by the office; • Monitor legislation that effects the Medical Examiner operations; and, • Prepare and maintain records in accordance with the regulations of the Medical Examiners Commission, the Department of Health and Rehabilitative Services, the Department of Professional Regulation and the Public Records Act. Professional and Technical: • Perform autopsies and physical examinations to determine cause and manner of death.; • Prepare clear, concise narrative descriptions of autopsy findings; • Rotate on-call scene response duties as required; • Serve as public relations spokesperson for the office as necessary; • Testify at deposition and trial as an expert witness on the autopsy findings. • Maintain an up to date reference library pertaining to medical examiner cases; • Provide educational information to the public by means of public speaking appearances at civic groups, law enforcement academies, and other forums; and, - Respond to and, if necessary, conduct conferences with families, news media, attorneys, insurance agencies, etc. Knowledge Required: • Principles and practices of modem clinical and forensic medicine; • Principles of management and leadership; • Federal Wage and 1-lour Law provisions; • Florida Statute 406 (Medical Examiner Act); 9 • Florida Administrative Code Chapter 11 G (Medical Examiner Rules) • Florida Statute 119 (Public Records Law); • Vital Statistics laws which impact on determination of next-of-kin, cremation approval and disposition of bodies; and, • Budgetary procedures in the district Skills Required: • Good phone demeanor for public relations exposure; • Good powers of observation and fact finding; and, • Communicate effectively through grammatically correct written reports, Abilities Required: • 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 (the district 16 Medical 1,xaminer position is unique in that it requires the individual to be available either directly in person, or telephonically 365 days/year, 24 hours per day, and 7 days a week); • Accurately project the fiscal integrity of the office; • Maintain a sense of caring for the survivors' emotional well being; • Apply appropriate leadership principles; and, • Teach short courses lor police academies, civic groups and philanthropic organizations. • 'The District 16 Medical Examiner position is unique in that it requires the individual to be able to perform all of the duties of the office, the individual must be able to; perform all of the own eviscerations to include opening of the cranial vault, they must be able to perform their own forensic photography, they must be able to function as the doctor and forensic technician (frequently they will perform autopsies by themselves as no tech will be available), they must be able and willing to perform janitorial duties as necessary, and they must have the knowledge and ability to input files into the electronic death registry system. Supervision.- - The Chief Medical Examiner is appointed by the Governor following the recommendation of the Medical Examiners Commission. The Chief Medical Examiner is subject to the disciplinary provisions of Florida Statutes 406.075. ADA Requirements. Physical Demands: • Heavy to very heavy work involving occasional long periods of on-call response to death scenes resulting in periods of sleep deprivation. - Administrative office work involving the use of telephones, computers and general office equipment. • Medical and scientific work involving the use of microscopes and reference materials. • 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 lift, pull, push, feet, see (color, acuity, depth perception), carry, walk, stoop, kneel, bend, handle, talk and operate fixed and cellular telephones, computers, microscopes, morgue equipment, office equipment, and motor vehicles, 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 ofsubjects, • cope with the emotional challenge of handling human remains, and • provide emotional support to surviving family and acquaintances of the deceased, Confidentia,lity Requirements., - Active criminal investigations are not subject to complete disclosure Linder 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 inrormation with fellow employees or the public unless directed to do so by competent authority.