Resolution 462-1988
Division of Management Services
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RESOLUTION NO. 462 -1988
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, APPROVING
A~D AUTHORIZING THE MAYOR/CHAIRMAN OF SAID
BOARD TO EXECUTE A CONTRACT BY AND BETWEEN
ROBERT J. NELMS, JR., M.D., MEDICAL EXAMINER,
DISTRICT SIXTEEN, AND MONROE COUNTY.
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. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIIDA, as follows:
That the Mayor/Chairman of said Board is hereby authorized
to execute a Contract by and between Robert J. Nelms, Jr., M.D.,
Medical Examiner, District Sixteen, and Monroe County, a copy of
same being attached hereto.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 20th day of September, A. D. 1988.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By g~/;...?
Ma al.rman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
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AP,
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CON T R ACT
Between
ROBERT J. NELMS, JR., M.D.
MEDICAL EXAMINER
DISTRICT SIXTEEN
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MONROE COUNTY
for
MEDICAL EXAMINER FUNDS
This Contract is entered into between Robert J. Nelms,
Jr., M.D., Medical Examiner, District Sixteen (Monroe
County), appointed by the Governor of the State of Florida,
hereinafter referred to as "DISTRICT MEDICAL EXAMINER", and
Monroe County, a political subdivision of the State of
Florida, hereinafter referred to as "COUNTY", through its
Board of County Commissioners.
Any reference in this Contract to "DISTRICTS" shall mean
Medical Examiner District XVI (Sixteen) as established by the
Medical Examiners Commission under Chapter 406, Florida
Statutes.
WIT N E SSE T H:
WHEREAS, Chapter 406, Florida statutes, and Rule llG-4,
Florida Administrative Code, establishes Medical Examiner
Districts and guidelines for medical examiner services,
NOW, THEREFORE, in consideration of the mutual
understanding and the provisions, terms, and conditions
hereafter set forth, the COUNTY and the DISTRICT MEDICAL
EXAMINER mutually agree as follows:
I. COUNTY Agrees:
A. To comply and act in accordance with all provisions
of Chapter 406, Florida Statutes, and implementing
rules of the Medical Examiners Commission, where
applicable.
B. To use funds provided to the County by the Medical
Examiners Commission and through 'taxation revenues
appropriated for the DISTRICT MEDICAL EXAMINERS
Budget only for medical examiner related expenses,
said uses to include, but not be limited to, the
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following:
l. Salaries and/or fees for medical examiner and
associate medical examiner services
2. Transportation reimbursement
3. Facilities and equipment as required, to include
office space, storage space, morgue space, X-ray
film developing space, laboratory space, and
histotechnology work space, with related
equipment, including telephones
4. Laboratory services
5. Administrative costs
6. Employee salaries, as allowed through "standard
staffing ratios" developed by MEDICAL EXAMINERS
COMMISSION May 25, 1988, allowing four(4) full~
time employees for District Sixteen, to include
secretary, chief forensic investigator, PhD
Chemist, and custodian/diener
7. Supplies
8. Other related expenses
C. To provide the MEDICAL EXAMINERS COMMISSION with:
l. A County Annual Expenditure Report on forms to
be provided by the COMMISSION identifying total
funds expended or encumbered and bUdgeted, for
medical examiner services during the current
County Fiscal Year.
2. A copy of the budget adopted for medical
examiner services for the current County Fiscal
Year.
3. A copy of the financial audit report (including
a management letter) required by Section ll.45
(3) (a)2, Florida Statutes.
D. To comply with requests from the MEDICAL EXAMINERS
COMMISSION for information regarding expenditures
for support of medical examiner activities pursuant
to Chapter 406, Florida Statutes.
II. The DISTRICT MEDICAL EXAMINER AGREES TO FULFILL His
duties as set forth in Chapter 406, Florida Statutes and
Rules promulgated by the MEDICAL EXAMINERS COMMISSION as
follows:
A. Office
l. The Office of the Chief Medical Examiner shall
be established and maintained in such a manner
that it provides for the necessary facilities'
and personnel in accordance with recognized
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standards.
2. The Office shall be an independent agency.
3. The intent of the governing law shall preclude
any political interference in the selection and
appointment of the staff or the operation of the
Office.
B. Appointment
l. The Chief Medical Examiner shall be appointed
with tenure by the Governor of the State of
Florida. He shall be a board-certified
pathologist skilled in Forensic Pathology. He
shall organize, operate, and direct the Office.
2. The Chief Medical Examiner shall name and
appoint qualified professional, technical,
clerical and other staff of the Office. The
staff shall be directly responsible to the Chief
Medical Examiner, and shall include associate
medical examiners, secretary, forensic
investigator(s), diener, custodian, etc.
C. Investigation of Death. The Chief Medical Examiner
or his appointed associate medical examiner shall
have the authority and responsibility:
l. To investigate and certify any death that falls
in the following categories:
a. Criminal violence suspected
b. Suicide
c. Accidental (motor vehicle, boating, aircraft,
diving, snorkeling, swimming, etc.
d. Suddenly when in apparent good health
e. Unattended by a practicing physician
f. Suspicious or unusual circumstances
g. Gunshot
h. Sudden infant death syndrome (SIDS)
i. Suspected poisoning
j. Drowning
k. Abortion
l. In prison or police custody
m. In State Institution
n. Diseases constituting a threat to public
health
o. Disease, injury, or toxic agent resulting
from employment
p. Unexpected death associated with diagnostic
or therapeutic procedure
q. When a body is to be cremated, dissected, or
buried at sea
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r. Unclaimed bodies
s. When a dead body is brought into a new
medicolegal jurisdiction without proper
medical certification.
2. To take charge of the dead body upon direct
notification of such death. He or his duly
authorized associate medical examiner or
forensic investigator shall respond to the scene
upon request by proper authorities whenever
possible and appropriate. The dead body shall
not be disturbed unless permission is granted by
the Chief Medical Examiner or his designee.
3. To conduct an investigation of circumstances
surrounding the death in conjunction with proper
authorities.
4. To conduct all necessary examinations of the
dead body which could include performance of any
autopsy ,and retention of whatever tissues and
biological specimens that he deems are
necessary.
5. To take possession of any object or article
which, in his opinion, may be useful in
establishing the identity of the deceased and/or
the cause and manner of death.
6. To reduce his investigation and findings in
writing and shall keep such records in his
Office.
7. To administer oath and have the power of
subpoena.
D. Specific tasks. In order to effect above general
requirements, the specific duties itemized below
describe in more detail how duties are accomplished.
l. Answering telephone
a. Mode - telephone, voice pager, car or boat
radiotelephone
b. Source of calls - POlice, Sheriff, Navy, FBI,
Highway Patrol, funeral homes, family or
acquaintances of deceased, attorneys,
insurance companies, private investigators,
newspaper reporters, TV or radio reporters,
physicians, etc.
c. Nature of calls
(l) Request for oral information _
toxicology results, cause of death, etc.
(2) Request for written information or
reports - autopsies, statistical
reports, etc.
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(3) Questions about previous cases.
(4) Requests for immediate scene
investigations.
(5) Notification of deaths.
(6) Cremation, dissection, or burial at sea
approvals.
(7) Scheduling depositions.
(8) Actual depositions.
(9) Request to witness in court.
(lO) Other questions or considerations.
2. Initiating phone calls
a. To whom:
(l) Law enforcement agencies.
(2) Funeral homes.
(3) Witnesses, family, friends.
(4) Personal physicians or dentists.
(5) Attorneys.
(6) Other.
b. Nature of calls
(l) Case investigations.
(2) Scheduling exams or autopsies.
(3) Answering voice pager.
(4) Returning phone messages.
(5) Calling secretary for information.
(6) Changing appointment times.
(7) Calling for toxicology results past due.
3. Subpoenas
a. Received at Office
b. Frequently at impossible times, necessitating
phone calls to reschedule.
4. Automobile travel
a. Scene investigations - usually 50 miles
distant, one way, immediate response always
requested, day or night, seven days a week _
performed by Chief Medical Examiner,
Associate medical examiner, or forensic
investigator appointed by Chief Medical
Examiner.
b. Autopsies usually scheduled within 24 hours,
may be 50 miles away where performed.
c. Conferences - usually once annually, in
Florida, 50-300 miles one way.
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d. Depositions
e. Court trial witnessing, usually 40-50 miles
each way
f. Grand jury, usually 50 miles each way
5. Autopsies/Examinations
a. Time 2-4 hours, not counting travel, for
autopsy, l/2 to 1 hour for post mortem exam.
b. X-rays sometimes taken by medical examiner.
c. Photographs
d. Toxicology specimens, esoteric tests (DNA
probes)
e. Gathering of some trace evidence - fluids,
hair, particles, clothing, jewelry
f. Preparation of bones and teeth for
anthropological studies.
g. Microscopic examination
6. Generation of reports
a. Handwritten
(l) Labelling tubes, photographs, and x-rays
(2) Notes during autopsy
(3) Notes during telephone conversations
(4) Correspondence
(5) Preparing rough drafts on statistical
reports, correspondence, contracts, etc.
(6) Keeping case log
(7) Keeping cremations log
(8) Completing death certificates
(9) Budget(s)
b. Dictated
(l) Autopsies, postmortem exams
(2) Some correspondence
(3) Some statistical reports
(4) Rules and regulations
(5) Review laboratory examinations and
prepare reports
(6) Contracts
(7) Other reports
c. Typing - occasional, typewriter or computer
w/ word processor
7. Depositions
a. Some by telephone
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b. Some in the Office, electronic or clerical
c. Usually travel 50 miles each way
d. Grand Jury
8. Witness in court
a. Location - usually 50 miles each way
b. Duration - 4 hours up to 3 days portal to
portal
c. Preparation of testimony - 2-6 hours minimum
time
9. Transport bodies
lO. Provide professional consultations
ll. Prepare and present materials for teaching /
public education
l2. Counsel families
l3. Continuing education - ASCP Check Samples,
conferences - 20 hours per year generally
required
14. Review and approve all pertinent building
construction plans, lease contracts, designated
worksites, etc.
III. The COUNTY and the DISTRICT MEDICAL EXAMINER further
agree:
A. To comply with Title VI and VII, Civil Rights Act of
1964 (42 USC 2000d), Executive Order No. ll246,
entitled "Equal Employment Opportunity", as
supplemented in Department of Labor Regulations (4l
CFR Part 60), and Federal Regulations concerning
nondiscrimination because of mental and physical
handicaps.
B. To meet the standards of accountability of Rule llG-
4.06, Florida Administrative Code, which include the
following:
l. Each county shall use an accounting system which
meets generally accepted accounting principles.
2. Each county and each district medical examiner
shall maintain such records and accounts as are
necessary to properly account for state funds
disbursed by the Commission.
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3. All records relevant to this rule shall be
retained for a period of not less than three
years, unless otherwise provided by law.
4. Records and accounts necessary to justify the
use of state funds for medical examiner services
shall be open to inspection for audit purposes
to the MEDICAL EXAMINERS COMMISSION, the
Department, and the Auditor General.
5. Funds received from the MEDICAL EXAMINERS
COMMISSION shall only be used for the provision
of medical examiner services.
IV. This Contract is effective for the State Fiscal Year
July l, 1988 through June 30, 1989.
V. Any alterations, variations, modifications or waivers of
provisions of this Contract shall only be valid when they
have been reduced to writing, duly signed and attached to the
original of this Contract. The parties agree to renegotiate
this Contract if State revision of any applicable laws or
regulations make changes in this Contract necessary.
VI. The COUNTY and the DISTRICT MEDICAL EXAMINER shall be
independent contractors, and not the agent or servant of the
Department and shall not be entitled, as a result of this
contract, to any benefits granted employees of the State of
Florida. The COUNTY and the DISTRICT MEDICAL EXAMINER shall
have complete supervision and control over their own agents,
servants and employees.
VII. The Department shall not be deemed to assume any
liability for the acts, omissions to act or negligence of the
COUNTY or the DISTRICT MEDICAL EXAMINER, their agents,
servants, and employees; nor shall the COUNTY or DISTRICT
MEDICAL EXAMINER exclude its own negligence to the Department
or any third party.
VIII. This Contract contains all the terms and conditions
agreed upon by the parties. Any items incorporated by
references are physically attached. No other agreements,
oral or otherwise, regarding the subject matter of this
Contract, shall be deemed to exist or to bind any of the
parties hereto.
IN WITNESS WHEREOF, the parties hereto have made and
executed this Agreement on the respective dates under each
signature: Monroe County through its BOARD OF COUNTY
COMMISSIONERS, signing by and through its chairman, ,
authorized to execute same by Board action on the ~ day
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of ~h+b~." , 19f", AND the DISTRICT MEDICAL EXAMINER,
sig~through its Chief Medical Examiner, duly
authorized to execute same.
ATTEST:
DANNX L. KOLHAGE, Clerk
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Chai an, ~ d of 'Cbunty
Commissioners, Monroe County,
Florida
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Dis~r ct Medical Examiner,
Robert J. Nelms, Jr, M.D., XVI
District, State of Florida
APPRq, !~ TO FO,RM
AND t; 'FFICIENCY.
BY 1 < '-J ~-----'
Attorney'. O";~