HomeMy WebLinkAboutItem P03COUNTY of MONROE
The Florida Keys
BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Lincoln, District 2
Mayor Pro Tem David Rice, District 4
Craig Cates, District 1
James K. Scholl, District 3
Holly Merrill Raschein, District 5
Regular Meeting
February 18, 2026
Agenda Item Number: P3
26-0396
BULK ITEM: Yes DEPARTMENT: Administration
TIME APPROXIMATE: STAFF CONTACT: Tina Boan, Assistant County
Administrator
AGENDA ITEM WORDING: Approval of a resolution supporting the reappointment of Michael
Steckbauer, M.D. as the District 16 Medical Examiner of Monroe County by the Medical Examiners
Commission of the State of Florida and authorization for the Assistant County Administrator to
complete the necessary forms.
ITEM BACKGROUND: The gubernatorial appointment term of Dr. Steckbauer as the District 16
medical examiner (Monroe County) will expire on July 1, 2026. Pursuant to Florida Administrative
Code, the Medical Examiners Commission will consider recommending to the Governor the current
medical examiner, Michael Steckbauer, M.D. The Medical Examiners Commission would like input
from the BOCC on the appointment.
PREVIOUS RELEVANT BOCC ACTION: At the February 15, 2023 BOCC meeting the Board
approved a resolution of support and concurrence for the re -appointment of Michael Steckbauer.
INSURANCE REQUIRED: No
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
P3. Approval of a resolution supporting the reappointment of Michael Steckbauer, M.D. as the
District 16 Medical Examiner of Monroe County by the Medical Examiners Commission of
the State of Florida and authorization for the Assistant County Administrator to complete the
necessary forms.
Board of County Commissioners
RESOLUTION NO. - 2026
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA SUPPORTING THE GUBERNATORIAL APPOINTMENT OF
MICHAEL STECKBAUER, M.D. AS THE DISTRICT 16 MEDICAL EXAMINER OF
MONROE COUNTY BY THE MEDICAL EXAMINERS COMMISSION OF THE STATE
OF FLORIDA.
WHEREAS, Rule 11 G-5.004, Florida Administrative Code states that the
nomination of an individual for appointment as a district medical examiner shall be made
only after solicitation of input from city, county and state officials as well as local funeral
homes; and
WHEREAS, the Medical Examiners Commission has solicited comments from
Monroe County; and
WHEREAS, the Board of County Commissioners of Monroe County is in favor of
the reappointment of Michael Steckbauer, M.D. as the District 16 Medical Examiner.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA that:
1. The Board of County Commissioners of Monroe County, Florida hereby gives
its concurrence for the gubernatorial appointment of Michael Steckbauer by the
Medical Examiners Commission of the State of Florida.
2. The Clerk of the County is hereby directed to forward a copy of this Resolution
to the Medical Examiners Commission of the State of Florida.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on February 18, 2026.
Mayor Michelle Lincoln
Mayor Pro Tem David Rice
Commissioner Craig Cates
Commissioner James K. Scholl
Commissioner Holly Merrill Raschein
(SEAL)
Attest: Kevin Madok, Clerk
By.
As Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor Michelle Lincoln
11G-5.004 Process for District Medical Examiner Candidate Nomination to the Governor.
(1) Policy Statement. Nominations for appointment as a district medical examiner shall be made only after solicitation of
comments from city, county and state officials as well as from directors of funeral homes. Candidates nominated by the Medical
Examiners Commission will be submitted to the Governor within 30 days after the Commission has voted on the matter. It is not the
intent of the Commission to serve as the primary recruiting source for district medical examiner candidates, rather, the Commission
intends that this responsibility should remain primarily within the district. The Commission will provide a medical examiner
member of the Commission to participate in the candidate screening process at the district level.
(2) Procedure for Nomination for Reappointment of District Medical Examiners.
(a) Prior to the expiration of each incumbent district medical examiner's three year term of appointment, the Medical Examiners
Commission staff shall survey by written correspondence the district's state attorney(s), public defender(s), sheriff(s), police
chief(s), county commissioner(s), funeral home directors and a member of the local medical community. The survey will solicit
input from each relevant to performance of the incumbent district medical examiner and ask for a "favorable" or "non -favorable"
response regarding nomination for reappointment. Additionally, the survey will ask for suggestions for improving district medical
examiner services. The survey shall request recommendations for the nomination of the incumbent or any other qualified
candidate(s) to serve as district medical examiner.
(b) A summary of the survey results shall be provided to the Commission. Copies of the survey responses shall be forwarded to
the incumbent district medical examiner by Commission staff. The incumbent, together with any other qualified candidates named in
the survey responses, shall be notified in writing as to the date, time and place of the Commission meeting which will be considering
the reappointment of the district medical examiner.
(c) The Commission chairman may request establishment of a committee, as referred to in paragraph 11G-5.004(3)(b), F.A.C.,
to address concerns regarding the incumbent district medical examiner raised in the survey responses or to initiate a search for other
candidates for nomination by the Commission.
(3) Procedure to fill a District Medical Examiner Vacancy.
(a) The Governor will be notified by the Commission upon determination that a district medical examiner position has become
vacant or is anticipated to become vacant. The Commission shall also notify the respective state attorney(s), public defender(s),
sheriff(s), police chief(s), county commission(s) and funeral home directors for that medical examiner district, requesting that names
of potential candidates for the position of district medical examiner be submitted to the candidate search committee established in
paragarph 11G-5.004(3)(b), F.A.C.
(b) Within 30 days of being notified of a vacancy or anticipated vacancy, the Chairman of the Commission shall call for a
district candidate search committee to be established and appoint a chairman. The search committee shall consist of invited
representatives from the offices of the state attorney(s), public defender(s), sheriff(s), police chief(s), county commission(s), funeral
homes and a representative of the local medical community from within the bounds of that particular medical examiner district and a
physician member of the Medical Examiners Commission or other medical examiner designated by the Chairman. The search
committee shall be requested to:
1. Seek applications from interested candidates who are licensed physicians and experienced practitioners of pathology who
possess qualifications to take the examination or already possess the primary certification offered by the American Board of
Pathology, American Osteopathic Board of Pathology, or equal qualification rendered by a non -United States medical specialty
certifying agency.
2. Establish an interview team, which shall have a quorum of three participants, to interview interested candidates meeting
minimum position qualifications. If the district includes a medical school, the dean of the medical school should be invited to
participate as a member of the interview team.
3. Assure that the candidate(s) recommended to the Commission for nomination as district medical examiner is in agreement
with the respective county representatives regarding the medical examiner budget as outlined in Section 406.06(3), F.S.
4. Review background information about the final candidate(s) from present and past sources, to include a criminal history
check, comments of county medical associations, employment references, local hospitals, government agencies and funeral homes
with which the candidate(s) has a prior working relationship. Background inquiries should incorporate information on work
performance and working relationships, as well as the candidate(s) reasons for and circumstances of leaving employment.
5. Submit an interview package to the Medical Examiners Commission staff for each candidate recommended to the
Commission for nomination consisting of: pertinent correspondence regarding the candidate(s); results of background inquiries;
letters of reference; and a letter from the candidate(s) to the Commission staff authorizing the release of information from former
employers and the Board of Medicine in the state in which the candidate(s) is or was licensed.
6. Complete the candidate selection and interview process and submit interview packages to the Commission within 90 days of
appointment of the candidate search committee unless additional time is requested in writing and approved by the Commission
Chairman.
(c) The Commission staff shall review interview packages for completeness, prior to their being submitted to the Medical
Examiners Commission and, if directed by the Chairman, make additional inquiries concerning the candidate's background or
qualification.
1. The Commission staff shall verify each candidate's medical licensure status.
2. The Commission staff shall notify all candidates in writing of the time and place of the Commission meeting at which the
district nomination(s) will be considered.
(d) The Commission, by majority vote, shall nominate one or more candidates to the Governor, to fill a district medical
examiner office vacancy prior to the expiration of six months from the date of the vacancy. Nothing herein is intended to restrict the
Commission's consideration of candidates for nomination only to those persons who may be recommended by a candidate search
committee.
(e) The Commission will notify each candidate in writing as to the action taken by the Commission regarding their nomination
as district medical examiner.
(f) The Commission will notify the chairman of the candidate search committee in writing on action taken by the commission
regarding candidates submitted by the district to fill a district medical examiner vacancy. if the Commission does not vote to
nominate any of the candidates submitted by the candidate search committee, the chairman of the committee may be requested to
submit other candidates. The Office of the Governor will be notified that none of the candidates submitted for that district were
acceptable and that the position is still vacant.
Rulemaking Authority 406.04 FS. Law Implemented 406.06(1)(a) FS. History —New 2-23-93, Amended 9-27-93, 5-21-12.
State of Florida
P.O. Box 1489 Tallahassee, FL 32302-1489 (850) 410-8600
January 6, 2026
MEMORANDUM
From: Brett Kirkland, Ph.D., Bureau Chief
Medical Examiners Commission Staff
Subject: Gubernatorial Appointment of District 16 Medical Examiner
The gubernatorial appointment term of the district medical examiner in District 16 (Monroe
County) will expire on July 1, 2026. Pursuant to Florida Administrative Code, the Medical
Examiners Commission will consider recommending to the Governor the current medical
examiner, Michael Steckbauer, M.D., or other qualified candidates for this appointment. We are
asking for your input so the Commission can make an informed decision.
This topic will be scheduled for discussion at the 2026 Spring Commission Meeting. Please
complete the attached Reappointment Ballot Form and return it by February 24, 2026 to MEC
Reports, MECReports(@fdle.state.fl.us or at the address above. Please provide a favorable or
unfavorable response to the recommendation for Dr. Steckbauer's reappointment. The
Commission will also consider nominations of other qualified candidates, if submitted.
If you have any questions or wish to discuss your input, please contact Commission staff at (850)
410-8600.
/bk
www.fdle.state.fl.us
RA,%Ao%1e
Kevin I'V-11ICT YR2 CPA
Clerk of the Circuit Court & Comptroller — Monroe County, Florida
DATE: April 27, 2023
TO: Romaii Gastesi
Comity Adiiiiiiistrator
Lindsay Ballard, Aide
to the County Administrator
FROM: Paiiiela G. Haiico6" ).C.
SIJBJECT: Apnil 19di BOCC Meetilig
Attached is ari electronic copy ol'tlie lolloNvirig fleiii for your handling:
N3 Employmelit Agreeiiieiil %%litli Medical Exwuirier Micliael R. Steckbauer, M.D.;
crcatioii ofCourity medical exwiiiiier department arid approval of'Medical Exa-ruiner as
department licad; approval ol'itill-tirrie equivaleiit (F1'F) positious for Medical Exa-ruirier and
Director ol'()I)erafioiis positiOus.
Should you leave any questions please Feel free to contact iiic al (305) 292-3550.
cc: County Attorney'
Fiiiaiicc
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.Plobeil Steckbauer, M.D. (" Dr. Steckbauer" or
"Medical Examiner"),
WHEREAS, the provision of medical examiner services as detailed in Section 406.1 L,
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 part
of this Employment Agreement ("Agreement").
2. EMPLOVMENT.
A. Michael Robert Steckbauer is liereby 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 Linder Chapter 406, Florida Statutes, and ( ' ' ' hapter 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 Exan-tiner understands and agrees that the position that lie holds is an
exempt position as defitied 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
FORI
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 ofthe 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. Term 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.
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 tern-iinated 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 under 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 minimum 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
may 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
M11
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 for 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 Fxaminer 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 employment -related benefits as are available to other non-
union County employees, including but not limited to Florida Retirement System, For
.9
10
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
performance of the duties under this Agreement, including but not limited to in e-dical
malpractice insurance.
8. ANNUAL LEAVE SICK LEAVE PERSONAL LEAVETRANSFER 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 BOCC. 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 off ce 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,
19
W
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 defiending 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,
(ii) 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) 1"'he 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
*5
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:
Monroe County Administrator
1100 Simonton St- 2"' Floor
Key West, FL 33040
With a copy to:
Monroe County Attorney's Office
11 I I 12t" St., Suite 408
Key West, FL 33040
For the Medical Examiner:
Michael Steckbauer, M.D.
57560 Overseas Highway
Marathon, FL 33050
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 teens 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 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.
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 be predicated upon any prior representations, offers, promises, inducements, or
agreements, whether oral or written, and by whornever 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.
As Deputy Clerk
111ROVANMnIal
Digitally signed by Robert B. Shillinger
DN: c—Robert B. Ihillingo,, o=Monroe County BC)CC,
0. Monroe County Attorney, ernaikshittinger-
Robert B. Shillinger bob@rnonroecounty-fi.gw, c-US
Date: 2023.04.26 14:1933 -04'00'
Approved for forin and legal sufficiency
by Robert Shillinger, County Attorney
IESEMEEMIMM
,haiiperson
_0
C:)
-q
Ma
'j
CD
rn
IM
Exhibit A
Job Description
Job Description. Chief Medical Examiner
Scope: The Chief Medical Examiner is responsible for fulfilling the requirements of the Florida
Statutes 406. This position exercises considerable independent judgement and profiessional 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 ofthat 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 I -lour Law provisions;
• Florida Statute 406 (Medical Examiner Act);
9
nfl�
• 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 ofthe
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.
AAA 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, feel, 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,
MU
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
• 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 information
with fellow employees or the public unless directed to do so by competent authority.
M