HomeMy WebLinkAbout20023079.tiff RESOLUTION
RE: APPOINTMENT OF THE WELD COUNTY CORONER/MEDICAL EXAMINER,
CREATION OF CORONER/MEDICAL EXAMINER OVERSIGHT COMMITTEE, AND
APPOINTMENTS THERETO
WHEREAS, the Board of County Commissioners of Weld County, Colorado pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, in accordance with Section 6-1 of the Weld County Home Rule Charter
effective January 1, 2003, the County Coroner/Medical Examiner shall be appointed by the
Board of Weld County Commissioners, and
WHEREAS, the Board of Weld County Commissioners appointed a committee to study
and recommend how the Weld County Coroner/Medical Examiner's Office should be organized,
and what the qualification of the Coroner/Medical Examiner should be, and
WHEREAS, the above committee submitted its attached recommendations, dated
November 1, 2002, and
WHEREAS, after studying the committee's recommendations the Board of Weld County
Commissioners unanimously concur with said recommendations.
NOW THEREFORE, BE IT RESOLVED that the Board of Weld County Commissioners
hereby appoints Dr. Stephen J. Cina, as the Weld County Coroner/Medical Examiner, effective
January 1, 2003, until the Board of County Commissioners decides that such appointment shall
end.
BE IT FURTHER RESOLVED that the Coroner/Medical Examiner Oversight Committee
is hereby created with the following appointments being made:
Coroner/Medical Examiner Dr. Stephen Cina, Chair of Committee
Colorado Pathology Associates Dr. Patrick Allen
County Commissioner David Long
Sheriff John Cooke
District Attorney Al Dominguez
Funeral Director Representative Rick Allnutt
Public Defender Representative Marjorie Kennedy
Police Representative Mike Savage
Staff to Committee Don Warden
2002-3079
de , ez,, CO0002
RE: APPOINTMENT OF THE WELD COUNTY CORONER/MEDICAL EXAMINER,
CREATION OF CORONER/MEDICAL EXAMINER OVERSIGHT COMMITTEE, AND
APPOINTMENTS THERETO
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of November, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD OUNTY, C LORADO
ATTEST: ,&iH, "';ti EL
io,`lenn Vaad, Chair
Weld County Clerk to the :I:•rd
R 1861
SIV! CUSED
i e }' `J!:vid E. Long, Pro-Tem
BY: u/ r 1 ,
Deputy Clerk to the Boat►�' / \i tEXCUSED
0. M. J. Geile
APPROVED AS TO FORM: / (//
Iliam H. Jerke
(ittr County Attorney \
Robert D. Masden
/074
Date of signature:
2002-3079
CO0002
WELD COUNTY, COLORADO
CORONER/MEDICAL EXAMINER AGREEMENT
THIS AGREEMENT is made by and between the Board of County Commissioners of
Weld County, Colorado, located at 915 Tenth Street, Greeley, Colorado, hereinafter referred to as
"County," and Colorado Pathology Associates, located at P.O. Box 419, Loveland, Colorado
80539, hereinafter referred to as "Contractor."
WITNESSETH:
NOW, THEREFORE, County, and the Contractor for the consideration herein set forth,
agree as follows:
SECTION I - SERVICES OF THE CONTRACTOR
By resolution and in accordance with the Weld County Home Rule Charter, the Board of County
Commissioners of Weld County has appointed Dr. Stephen J. Cina, M.D., who is a Partner of
Colorado Pathology Associates, the Weld County Coroner/Medical Examiner, effective January
1, 2003, to and until the Board of County Commissioners determines that such appointment shall
end. Dr. Cina shall, in conjunction with the Contractor, provide the following:
A. Dr. Stephen J. Cina shall serve as the Weld County Coroner/Medical Examiner
(hereinafter referred to as "Dr. Cina" or as the "Coroner/Medical Examiner") for the term
of his appointment and shall perform all the duties of the Office of Weld County Coroner,
as specified in state statute and the Weld County Home Rule Charter, including
appointment and oversight of all deputies and staff for the Office during such term.
B. Dr. Cina shall appoint associates with Colorado Pathology Associates, who are board-
eligible or board certified forensic pathologists, as Deputy Weld Coroners/Medical
Examiners. Dr. Cina and such appointed forensic pathologists will be compensated only
for the autopsies they perform. They shall receive no compensation by virtue of their
serving as the Weld County Coroner/Medical Examiner or Deputy Coroner/Medical
Examiners, respectively, other than for the previously mentioned compensation for the
autopsies they perform. The pathologists' appointments as a Deputy Coroner/Medical
Examiners shall be made in writing and filed with the Weld County Clerk and Recorder's
Office, and the pathologists, including Dr. Cina, shall post a bond and file an oath of
office with the Weld County Clerk and Recorder's Office as required pursuant to C.R.S. §
30-10-602. The appointments by Dr. Cina of the Deputy Coroner/Medical Examiners
shall be effective for the time during which Dr. Cina has been appointed by the Board of
County Commissioners as Coroner/Medical Examiner. The cost of the bond shall be paid
by County. The conditions by which such work shall be undertaken is as follows:
• Contractor shall provide at least one board-eligible or board-certified
Page 1 of 13
pathologist to perform the services specified herein 24 hours per day, seven days a
week; however, the pathologist's physical presence in the Coroner's Office will
not be required. Contractor, or its designee, shall be available at all times, either
by telephone or same other communication medium, for consultation concerning
death investigations or organ donations.
• A Coroner/Medical Examiner or his Deputies shall respond to and be present at
death scenes, regardless of the hour of the day or the day of the week, as required.
• On a daily basis or as otherwise practicable, the Coroner/Medical Examiner or his
Deputies will determine the need for an autopsy on all cases that come within the
jurisdiction of the Coroner/Medical Examiner's Office.
• Autopsies shall be performed within twenty-four(24) hours of death, or as soon
thereafter as practicable, once a determination of the need for an autopsy has been
established
• All autopsies performed shall be total body procedures, unless otherwise directed
by the Coroner/Medical Examiner.
• The Coroner/Medical Examiner or his Deputies shall determine the actual or
suspected cause and manner of death as soon as practicable after each autopsy. In
no event shall such determination be made later than forty-five (45) days after an
autopsy has been completed, unless additional time is needed to obtain toxicology
results or for other reasons.
• In each case in which an autopsy is performed, and as soon as practicable after the
completion of the autopsy, the pathologist shall provide to a transcriptionist, paid
for by Contractor, a dictation describing the autopsy procedures employed. A
typewritten report of each autopsy and the procedures employed shall be
completed and delivered to the Office of the Coroner/Medical Examiner no later
than forty-five (45) days after the completion of the autopsy. The report shall be
in a standardize format acceptable as determined by the Coroner/Medical
Examiner.
• The Coroner/Medical Examiner or his Deputies shall certify causes of death by
signing the death certificates of those persons upon whom autopsies are
performed.
• The Coroner/Medical Examiner or his Deputies shall, working within the disaster
action plan of the Coroner/Medical Examiner's Office, respond to any disaster
scene as required, and shall assist in recovery and/or identification procedures.
The Coroner/Medical Examiner or his Deputies shall work in concert with any
Page 2 of 13
other professionals or agencies that in may be called upon to assist the
Coroner/Medical Examiner in such procedures. Likewise, the Coroner/Medical
Examiner or his Deputies shall determine, or assist it the determination of, the
cause and manor of death of disaster casualties, and shall work in concert with any
other professionals or agencies that may be called upon to assist the
Coroner/Medical Examiner in such procedures.
• The Coroner/Medical Examiner or his Deputies shall attend meetings as required,
for the purpose of providing forensic expertise in matters of case review or
situational needs.
• The Coroner/Medical Examiner or his Deputies shall lend their expertise in
forensic investigation to the Coroner/Medical Examiner's Office for the purpose
of providing regular training for investigative staff.
• Autopsies will be performed either at McKee Medical Center in Loveland, or at
the Adams County Coroner's Office in Brighton.
• Contractor shall be solely responsible for the compensation of the
Coroner/Medical Examiner or his Deputies or any other personnel provided under
this Agreement, including providing malpractice insurance and any additional
benefits.
C. Dr. Cina shall provide managerial supervision of the Coroner/Medical Examiner's Office
staff(three full-time investigators and a half-time clerical position). Such supervisory
services shall include, without limitation, direction of work and evaluation of performance
of the Office staff, in accordance with the provisions of Chapter 3 of the Weld County
Code.
D. Dr. Cina shall fully execute the legal duties of the Office of Coroner/Medical Examiner, in
accordance with the provisions set forth in the Colorado Revised Statutes, the Colorado
Code of Regulations, and the Weld County Home Rule Charter.
SECTION II - RESPONSIBILITIES OF THE COUNTY
A. County shall provide to the Coroner/Medical Examiner or his Deputies, or other personnel
employed and provided by the Contractor, the following for use during the term of this
Agreement:
• Office space and the usual amenities associated with office space.
• A morgue suitable for storing body remains in accordance with accepted area
industry standards.
Page 3 of 13
• A storage area for storage of tissue and slides required to be retained by practice
or law.
• Two cellular phones for use by the Coroner/Medical Examiner or his Deputies
while performing the duties of Contractor pursuant to this Agreement.
• A computer for word processing, a wireless palm computer, electronic mail
transmission and receipt, and Internet access,
B. With regards to the provision of the Office of Coroner/Medical Examiner, County shall:
• Provide three full-time investigators and a half-time clerical position to staff the
Office of Coroner/Medical Examiner for the first year of the Initial Term. Each of
these individuals shall be County employees. Staffing for any succeeding years
shall be as funded during the County's budget process each year. One investigator
shall be designated as the lead investigator and perform the day to day
administrative duties of the Office.
• Provide two transport vans for the Office.
• Pay for all training and professional conference expenses required for the Office
staff, and shall pay for any professional development costs for the
Coroner/Medical Examiner and his Deputies, if prior approval is granted by the
Weld County Director of Finance and Administration.
• Provide all the services and supplies necessary for the operation of the
Coroner/Medical Examiner's Office, including all necessary professional services
needed by the pathologists in order to determine the cause and manner of death of
an individual. These services may include X-ray, toxicology services, forensic
consults, etc., or fees to be paid for such services.
• Provide regular feedback to the Contractor concerning the pathologists'
performance and interpersonal conduct.
• Appoint a Coroner/Medical Examiner Oversight Committee, which shall meet
with the Coroner/Medical Examiner at least twice a year.
SECTION III - TERM
The initial term of this Agreement shall be from January 1, 2003 to December 31, 2005. At the
end of the Initial Term, and upon the written consent of both Parties, this Agreement may be
renewed for additional three-year terms. This Agreement is subject to the termination provisions
set forth in Section IV.E., and Section IX., below.
Page 4 of 13
SECTION IV - PAYMENT AND FEE SCHEDULE
A. County shall pay Contractor for services furnished, and Contractor shall accept as full
payment for those services, the following:
1. During the first year of the Initial Term, an amount not to exceed Eight Hundred
Dollars ($800.001, for each completed autopsy and report.
2. For each successive year of the Initial Term after the first year, an amount equal to
the amount paid in the immediately preceding year for each completed autopsy
and report, plus an increase equal to the percentage change or increase in the
United States Bureau of Labor Statistics Consumer Price Index for Denver-
Boulder, for goods and services, as published in the Wall Street Journal as of June
of each year. Unless there is an unanticipated rise in the number of deaths in
Weld County, it is anticipated that approximately one hundred seventy-five
autopsies will be performed during the first term of this Agreement.
B. Payments shall be made by the County to the Contractor only for fully completed
autopsies. a"completed autopsy" shall be defined as the receipt by the Coroner/Medical
Examiner's Office of a completed, typewritten autopsy report.
C. In addition, County shall compensate the Contractor for mileage for use of a personal
vehicle for the purpose of scene visitation shall be reimbursed at the standard per mile rate
allowed by County.
D. Invoices will be submitted to County by Contractor on a monthly basis. Payment of the
invoices by County will be made within thirty (30) days of receipt thereof.
E. Payment pursuant to this Agreement, whether in full or in part, is subject to and contingent
upon the continuing availability of County funds for the purposes hereof. In the event that
funds become unavailable, as determined by County, County may terminate this
Agreement with fifteen (15) days written notice sent by certified mail to Contractor. The
County is subject to the revenue and spending limitations of the Taxpayer's Bill of Rights
("TABOR"), Col. Const., art. X, § 20, and § 29-1-301, C.R.S., as amended.
SECTION V - INDEPENDENT CONTRACTOR
In providing services under this Agreement, Contractor acts as an independent contractor and not
as an employee of County. Contractor shall be solely and entirely responsible for its acts, and the
acts of its employees, agents, servants, and subcontractors during the term and performance of
this Agreement. No employee, agent, servant, or subcontractor of Contractor shall be deemed to
be an employee, agent, or servant of County because of the performance of any services or work
under this Agreement. Contractor, at its expense, shall procure and maintain malpractice
Page 5 of 13
insurance, workers' compensation insurance, and unemployment compensation insurance as
required by law.
SECTION VI -NONDISCRIMINATION
Contractor shall not discriminate against any employee or qualified applicant for employment
because of age, race, color, religion, marital status, disability, sex, or national origin. Contractor
agrees to post in conspicuous places, available to employees and applicants for employment,
notices provided by the local public agency setting forth the provisions of this nondiscrimination
clause.
SECTION VII - INDEMNIFICATION
Contractor agrees to indemnify and hold harmless County, its officers, agents, and employees for,
from, and against any and all claims, suits, expenses, damages, or other liabilities, including
reasonable attorney fees and court coats, arising out of damage or injury to persons, entities, or
property caused or sustained by any person(s) as a result of Contractor's performance, or failure
to perform, pursuant to the terms of this Agreement.
To the extent legally possible, County agrees to indemnify and hold harmless Contractor, its
officers, agents, and employees for, from, and against any and all claims, suits, expenses,
damages, or other liabilities, including reasonable attorney fees and court coats, arising out of
damage or injury to persons, entities, or property caused or sustained by any person(s) as a result
of County's performance, or failure to perform, pursuant to the terms of this Agreement.
SECTION VIII - INSURANCE
Contractor agrees to maintain insurance of the following types and amounts:
A. Professional malpractice insurance to include coverage for damages or claims for
damages arising out of the rendering, or failure to render, any professional or medical
services Contractor has agreed to provide under this Agreement.
Each Occurrence $1,000,000
B. Contractor's commercial general liability policy shall be issued to include Weld County as
an"additional insured," and shall include the following provisions:
1. Underwriters shall have no right of recovery or subrogation against County, it
being the intent of the parties that the insurance policies so effected shall protect
both parties and be primary coverage for any and, all losses resulting from the
actions or negligence of Contractor.
Page 6 of 13
2. The insurance companies issuing the policy or policies shall have no
response against County for payment of any premiums due or for any assessments
under any form of any policy.
3. Any and all deductibles contained in any insurance policy shall be assumed by and
at the sole risk of Contractor.
All insurers of Contractor must be licensed or approved to do business in the State of Colorado.
Upon failure of Contractor to furnish, deliver and/or maintain such insurance as provided herein,
this Agreement, at the election of County, may be immediately declared suspended, discontinued,
or terminated. Failure of Contractor in obtaining and/or maintaining any required insurance shall
not relieve Contractor from any liability under this Agreement, nor shall the insurance
requirements be construed to conflict with the obligations of Contractor concerning
indemnification.
Each insurance policy herein required shall be endorsed to state that coverage shall not be
suspended, voided, or canceled without thirty (30) days prior written notice by certified mail,
return receipt requested, to County.
At any time during the term of this Agreement, County may require Contractor to provide proof
of the insurance coverages or policies required under this Agreement.
Other than medical malpractice insurance, County shall insure the Coroner/Medical Examiner,
the Deputy Coroner/Medical Examiners, investigators, and clerical staff under the County's
property, casualty and liability insurance coverage as an agent of County in the performance of
all acts within the scope of the specific position held for Weld County.
SECTION IX - TERMINATION
A. For Cause
County may exercise the following remedial actions, in addition to all other
remedial actions authorized by law, should it find Contractor substantially failed to satisfy
the scope of work found in this Agreement. Substantial failure to satisfy the scope of work
shall be defined to mean incorrect or improper activities or inaction by Contractor. These
remedial actions are as follows:
1. Withhold payment to Contractor until the necessary services or corrections in
performance are satisfactorily completed;
2. Require the removal of employees and/or agents of Contractor whom the
Coroner/Medical Examiner deems unsuitable or not in the best interests of the
Coroner/Medical Examiner's Office to continue providing services under this
Page 7 of 13
Agreement; and/or
3. Deny payment or demand reimbursement for those services or deliverables that
have not been performed and, which, due to circumstances caused by Contractor,
cannot be performed or, if performed, would be of no value to County.
4. Incorrect payments to Contractor due to omission, error, fraud, misuse and/or
embezzlement of funds shall be recovered from Contractor by deduction from
subsequent payments under this Agreement, or by County as An amount eligible
for collection by County, or as otherwise provided by law.
If Contractor fails to fulfill in a timely and proper manner its obligations under this
Agreement, or if Contractor violates any of the covenants, agreements, of stipulations of
this Agreement, County shall notify Contractor of such deficiency in writing. Said writing
shall set forth the deficiency and what steps or procedures would be acceptable to cure
said deficiency. Contractor shall have thirty (30) days to cure the deficiency. If County
determines at the end of the thirty (30) day period that Contractor's remedies are not
sufficient, County shall have the right to terminate this Agreement by giving written
notice to Contractor of such termination and specifying the effective date thereof at least
five(5) days before the effective date of termination.
If County violates any of the covenants, agreements, or stipulations of this Agreement,
Contractor shall notify County of such deficiency in writing. The writing shall set forth
the deficiency, and detail the steps or procedures necessary to cure the deficiency. If
County does not cure the deficiency within thirty (30) days of the date of the notice,
Contractor shall have the right to terminate the Agreement by giving written notice to
County of the termination and specifying the effective date thereof at least five (5) days
prior to the effective date of the termination.
B. For Convenience
County or Contractor may terminate the Agreement at any time by giving written notice as
specified herein to the other party, which notice shall be given at least sixty (60) days
prior to the effective date of the termination. If the Agreement is terminated by County,
Contractor shall be paid an amount that bears the same ratio to the total compensation as
the services actually performed bear to the total services Contractor was to perform under
the Agreement, less payments previously made to Contractor under the Agreement.
Page 8 of 13
SECTION X - MUTUAL UNDERSTANDINGS
A. Jurisdiction and Venue
The laws of the State of Colorado shall govern as to the interpretation, validity, and effect
of this Agreement. The parties agree that jurisdiction and venue for any disputes arising
under this Agreement shall be with the District Court of Weld County, Colorado.
B. Compliance with Laws
During the performance of this Agreement, Contractor agrees to strictly adhere to all
applicable federal, state, and. local laws, rules and regulations, including all licensing and
permit requirements. The parties hereto aver that they are familiar with § 18-8-301, et
seq., C.R.S. (Bribery and Corrupt Influences), as amended, and § 18-8-401, et seq., C.R.S.
(Abuse of Public Office), as amended, and that no violation of such provisions are
present.
C. Record Retention
Contractor shall maintain records and documentation of the services provided under this
Agreement, including fiscal records, and shall retain the records for a period of three (3)
years from the date this Agreement is terminated. Said records and documents shall be
subject at all reasonable times to inspection, review, or audit by authorized federal, state,
or County personnel. Upon termination of this Agreement for any reason, all client
records generated by Contractor, wherever located, shall remain the sole property of
Contractor. County shall be the owner of all official Weld County Coroner/Medical
Examiner records, and Coroner/Medical Examiner shall be considered the custodian
thereof during the term of this Agreement.
D. Confidentiality
Contractor and its employees shall strictly comply with and adhere to any and all state
laws or professional ethical standards concerning the confidentiality of any information
obtained during the performance of Contractor's obligations under this Agreement.
E. Assienability
Neither this Agreement, nor any rights hereunder, in whole or in part, shall be assignable
or otherwise transferable by the Contractor without the prior written consent of the
County.
Page 9 of 13
F. Waiver
Waiver of strict performance or the breach of any provision of this Agreement shall not be
deemed a waiver, nor shall it prejudice the waiving Party's right to require strict
performance of the same provision, or any other provision in the future, unless such
waiver has rendered future performance commercially impossible.
G. Force Majeure
Neither Party shall be liable for any delay or failure to perform its obligations hereunder to
the extent that such delay or failure is caused by a force or event beyond the control of
such party including, without limitation, war, embargoes, strikes, governmental
restrictions, riots, fires, floods, earthquakes, or other acts of God.
H. Notice
Any notices given under this Agreement are deemed to have been received and to be
effective: 1) three (3) days after the same shall have been mailed by certified mail, return
receipt requested, 2) immediately upon hand delivery, or 3) immediately upon receipt of
confirmation that a facsimile was received. For the purposes of this Agreement, any and
all notices shall be addressed to the contacts listed below:
For County:
Donald D. Warden and Weld County Attorney's Office
Director of Finance& Administration 915 Tenth Street
915 Tenth Street P.O. Box 758
Greeley, CO 80631 Greeley, CO 80632
Phone: (970) 356-4000, Ext. 4218 Phone: (970) 336-7235
Facsimile: (970) 352-0242 Facsimile: (970) 352-0242
For the Contractor:
Colorado Pathology Associates
P.O. Box 419
Loveland, Colorado 80539
Phone: (970) 6354125 or 4126
Fax
Page 10 of 13
I. Integration of Understanding
This Agreement contains the entire understanding of the parties hereto and neither it, nor
the rights and obligations hereunder, may be changed, modified, or waived except by an
instrument in writing that is signed by the parties hereto.
J. Severability
If any provision of this Agreement is determined to be unenforceable or invalid
for any reason, the remainder of this Agreement shall remain in effect, unless
otherwise terminated in accordance with the terms contained herein.
K. Counterparts
This Agreement may be executed in multiple counterparts, each of which shall be
deemed to be an original and all of which taken together shall constitute one and the same
agreement.
L Inurement
Each of the terms, covenants, and conditions hereof shall be binding upon and inure to the
benefit of the Parties hereto and their respective successors and assigns.
M. Paragraph Headings
Paragraph headings are inserted for convenience of reference only.
N. Authorization
Each party represents and warrants that it has the power and ability to enter into
this Agreement, to grant the rights granted herein, and to perform the duties and
obligations herein described.
0. No Waiver of Immunities
No portion of this Agreement shall be deemed to constitute a waiver of any immunities
the parties or their officers or employees may possess, nor shall any portion of this
Agreement be deemed to have created a duty of care which did not previously exist with
respect to any person not a party to this Agreement .
Page 11 of 13
P. No Third Party Beneficiary Enforcement
It is expressly understood and agreed that the enforcement of the terms and conditions of
this Agreement, and all rights of action relating to such enforcement, shall be strictly
reserved to the undersigned parties and nothing in this Agreement shall give or allow any
claim or right of action whatsoever by any other person not included in this Agreement. It
is the express intention of the undersigned parties that any entity other than the
undersigned parties receiving services or benefits under this Agreement shall be an
incidental beneficiary only.
IN WITNESS WHEREOF, the parties hereto have caused their names to be affixed
hereto.
ATTEST: i' COUNTY OF WELD:
Weld County Clerk tot. $oazfL-°.} A,
r /A.
By: S LA
Deputy Clerk to t• � Glenn Vaad,Chairman
Board of County Commissioners of the
County of Weld
CONTRACTOR:
COLORADO
PATHOLOGY
ASSOCIATES
By: l '�tt � s 11/2P,) Pi-
Dr. Patrick C. Allen, Partner
SUBSCRIBED AND SWORN to before me this(77 day of November, 2002.
•
WITNESS my hand and official seal.
Notary Public U/
My commission expires: y// 9/?2&5
By: ��
Dr. Stephen J. ina, Partner
Page 12 of 13
79
I hereby accept the appointment of Coroner/Medical Examiner and agree to fully execute
the legal duties of such office, in accordance with the provisions set forth in the Colorado
Revised Statutes, the Colorado Code of Regulations, and the Weld County Home Rule Charter
during the term of such appointment. I also agree to perform the duties of Coroner/Medical
Examiner as detailed in this Agreement during such appointment. I understand that the Board of
County Commissioners of Weld County has the authority under the Weld County Home Rule
Charter to end such appointment at any time.
Dr. Stephen J. Cin
SUBSCRIBED AND SWORN to before me this/7L day of �, 2002.
WITNESS my hand and official seal. po D.SpR .12.
Notary Public I ESTHER E
My commission expires: GESICK
qCO.
NY CdraMiStata fti/ivSlane togs
Page 13 of 13
MEMORANGJM
I4I� � TO: Board of Weld County Commissioners November 1, 2002
--
WIiD�. FROM: Coroner's Office Organization Committee
COLORADO SUBJECT: Recommendations
The Coroner's Office Organization Committee included a representative from the Sheriff's
Office (John Cooke) , District Attorney's Office (Al Dominques), Greeley Police Department
(Capt. Mike Savage), Public Defender(Marjorie Kennedy), funeral director(Rick Allnutt), and
County Commissioner (Glenn Vaad). Don Warden served as staff to the committee. Per the
direction from the Board of Weld County Commissioners the Coroner's Office Organization
Committee at the first meeting examined the alternatives regarding the organization of the
County Coroner's Office effective January 1, 2003,when the Coroner will be an appointed
department head versus an elected official. The following options were examined:
1. Appoint the Coroner and operate the office in the same manner as it is currently with the only
- change being that the Coroner is appointed and not elected.
2. Place the County Coroner under the Sheriffs Office.
3. Place the County Coroner function in the Health Department.
4. Appoint.a medical doctor that is certified as a pathologist as the Coroner/Medical Examiner,
and he will operate the Coroner's Office with staff investigators.
5. Appoint a medical doctor who is certified as a pathologist as the Medical Examiner, and the
chief investigator as the Coroner.
6. A variation in numbers 4 and 5 would be to require a board certified forensic pathologist,
versus just a pathologist.
The goal is to develop a County Coroner/Medical Examiner's Office with integrity that meets
the recognized professional standards of coroners and medical examiners in the United States.
To this end the appointed official and staff should posses the knowledge and expertise to
combine forensic science and the medical-legal investigation of death. The professionals in the
office must be able to work closely with law enforcement agencies, and be on-call 24 hours per
day.
,9avz-3719
The following is an analysis of the above options:
Option 1: No Change, Except Appointed Versus Elected:
This option does not seem to address the intent of the Home Rule Charter Committee or voters.
They both expressed a concern that the investigation of unattended deaths has reached a level of
sophistication and complexity that requires the appointment of professionals with the training
and certifications to do the legal-medical investigation at the recognized standards of a medical
examiner/coroner, preferably under the supervision of a medical doctor specializing in the area
of pathology.
Option 2: County Coroner Under Sheriff:
Although the office must be able to work closely with law enforcement agencies, there are some
drawbacks to the function being under the Sheriff. Part of the purpose of the Coroner's Office is
to offer a check and balance against other law enforcement agencies. The credibility of the
Coroner is often challenged in court appearances by defense attorneys by discrediting the
Coroner by saying the Coroner is too closely allied with law enforcement agencies, such as the-
District Attorney, Sheriff, or police agencies. hi addition there could be a conflict if there was a
shooting death involving a Sheriff's officer or a death in the county jail.
Option 3: Coroner in the Health Department:
This organizational placement would put the Coroner's Office under the direction of a medical
doctor. However, the Coroner function calls for the medical speciality to be that of a pathologist
with some forensic science background. Typically, a public health officer, like Weld County's,
has a different medical speciality and training, so the training and background are not a good
match.
Option 4 - 6: Medical Doctor as Coroner/Medical Examiner:
These three options are all similar as far as medical and legal investigation expertise,but have
some different approaches to the structure. All three options place a pathologist as the Medical
Examiner. The differences are: (1)whether the pathologist must be a forensic pathologist or not;
and, (2)whether the pathologist should manage the day to day administrative functions of the
office or(3) only provide medical/forensic direction and have the chief investigator manage the
day to day office functions.
In discussions with the two pathologist groups in the area their preference is that the pathologist
would be the Medical Examiner providing medical oversight to the coroner/medical examiner
function,but the chief investigator would run the day to day administrative function of the office.
The pathologist could be appointed the Medical Examiner/Coroner or just the Medical Examiner
and the chief investigator could be the Coroner.
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The other issue is whether the pathologist must be a board certified forensic pathologist. Of the
approximately 175 autopsies done annually 15 to 20 require the services of a forensic
pathologist to do the autopsy. The appointment of a forensic pathologist to the position would
add credibility to the job,but is not absolutely necessary. None of the local pathologists at
NCMC are board certified forensic pathologists, so if one was appointed Coroner/Medical
Examiner the autopsies requiring a forensic pathologist would have to be sent to McKee Medical
Center. Appointment of the Mckee Medical Center forensic pathologist would mean all bodies
for autopsies would have to be transported to Loveland and any law enforcement officer wishing
to observe the autopsy would have to go to Loveland. The appointment of the Loveland group
would mean the Coroner/Medical examiner is not a county resident.
The committee at the first meeting voted unanimously that the Coroner/Medical Examiner
should be a medical doctor specializing in the field of pathology.
At the second meeting the committee invited the two pathologist groups that serve Northern
Colorado that have had experience in the doing autopsies for coroner's offices to the meeting to
discuss providing coroner/medical examiner services to Weld County. As a result of that
meeting a request for proposal for services was prepared and disseminated. The two groups
submitting proposals were Colorado Pathology Associates of Loveland, Colorado, and Greeley
Pathologists, LLP of Greeley, Colorado. Both groups were responsive to the request for proposal
that the committee had developed. At the third meeting the committee evaluated the proposals
submitted.
The final recommendation from the committee is to select the Colorado Pathology
Associates. The determining factors in the selection were that two of the pathologists that are
partners in the Colorado Pathology Associates group are board certified forensic pathologists,
and a third is eligible to be board certified as a forensic pathologist in the Summer of 2003, and
they were the lowest costs. The Colorado Pathology association also has much more experience
at managing the coroner function with Dr. Allen having served as Larimer County Coroner since
1979.
The committee felt very strongly that the coroner/medical examiner should be a forensic
pathologist with coroner investigation experience. Weld County and Pueblo County are the only
Front Range counties that do not currently use forensic pathologists for all autopsies. None of
the Greeley Pathologists doctors are board certified forensic pathologists and none are planning
to pursue the forensic pathologist certification in the immediate future.
The following is the cost comparison:
Colorado Pathologists Greeley Pathologists
Non-Forensic Autopsy Rate $800 $850
Forensic Autopsy Rate $800 Referred out
Coroner Services 0 $25,000/Year
With a range of 150 to 175 autopsies per year the costs for Colorado Pathology Associates would
be $7,500 to $8,750 less expensive,plus the differential for the contracted-out forensic autopsies,
which would exceed the $850 per autopsy rate. In addition the $25,000 for coroner services
would not be charged. Therefore there would be a savings of$32,500 to $33,750 per year,plus
the differential for contracted forensic autopsies above the$800 rate.
The committee felt that the importance of have a forensic pathologist as the Weld County
Coroner/Medical Examiner exceeded the fact that the Colorado Pathology Associates are not
domiciled in Weld County. In addition the Colorado Pathology Associates can perform autopsies
at both Loveland and Brighton. In some cases these two locations will be closer for families and
law enforcement agencies than Greeley.
If the Weld County Commissioners approve the recommendation of the Colorado Pathology
Associates as the Coroner/Medical Examiner, then the Director of Finance and Administration
should be directed to negotiate a contract with Colorado Pathology Associates. The contract
would include the logistical arrangement of how the Weld County Coroner/Medical Examiner's
Office will be organized on a day to day basis, and the staffing and budgetary levels. Once those
details are agreed upon they should be presented to the Weld County Commissioners for
consideration of approval. The committee does not believe the committee needs to be involved
in the logistical and administrative details of the contact for services.
All of the above recommendation have been unanimous approved by the committee
members.
Respectfully submitted,
Membersof Tie Coroner's Office Organization Committee:
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Glenn Vaad, County Commissioner
Dom' quez, District e'4 ;
J Cooke, Sh :'ff.)
e av e, ap eeley Police
arjorie edy,P blic De ers' Office
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Rick Allnutt,Funeral Directors' Representative
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