Hayne Dps Chief Pathologist Contract

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FAX COVER SHEET "

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Steven Hayne. M.D., P.A. Post orncc Box 1719 1700 W. Government St. Suite G Brclndon. MS 390.IJJ.1719 60 1-591-5030 Phone Toll Free 877-89.IJ-1983 Ph ~:ne 601-591-5055 Fax Toll Free 877-894-1988 Fa/( The inrorrnarion contained in this Faxmay be Ileallh relared inrOrl")l(ion Wllich is personal and sensitive inrormation. It is being raxed TO you aner ;;Ipproprlate aurhorizatian from an a~'t'lorized party o( under circumsldnces tllar do nor require audlorlUltion, You. l.he recipient are obligatcd to mainrai'l it in <J S\ile. secure and confidcnLial m;;lnner. Redisclosure wjrllOlJ[ addirional con~;ent or as permitted by law is pI' )',ibjred. UmurhorizC:!d re-disclosure or fi~iJureto maintaIn confidentIality could subjee:t you to pC:!n~llriesdesCribed!"l rederal and Srore Law.

Attention:

Froi:;':

MatthewEichelberger

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Office of the Public Defender

MandyFortenberry

Datl~,8/26/09

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Re:

Fax Number.

601 948 ________z687 R

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R

Pho1e Number:

CI Urgent CI I~ep/y ASAP o Requested Information o Please review o Pleasecomment Toral pages, including cover:

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Comments:

I IMPORTANT WARNING: TIlls mesSClgeis imeneJed for ~1C:!u:;e oftl~~ pC:!rsonor entity to which ir is addressed and may can rain information thar is privileged and conHdenriaL l11edis j)surc or which is govemed by applicable law, IFdle reader ortllis mes~:~ge is /lor l11eintended recipient or d1e elrp'oycc or agent responsible ro deliver It to the imended reCipient you are hereby notified thar any di,seminatlon, l.!isrriblltion or copying of l11isintormatian is STRlffi Y PROHIBITED. If you have received rhis message in error, )Iease nodI)! us imrnedi<Jtely and destroy tll(, r'eJi:ltedmessage.

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P.002/007

(FAX)601 581 5055

AUG-26-2008 (WED) 14:28

DESIGNATED PATHOLOGIl~,T AGREEMENT TillS AGREEMENT, made and entered into as of he _

day of

• 2006, by

and between the Department of Public SafetylMississippi Cime Lab, Post Office Box 958, Jackson, Mississippi 39205, hereinafter referred to

a<;

"Crime Lahi', and Dr. Steven T. I-layne, hereinafter

referred to as "Chief State Pathologist."

WITNESSETll WHEREAS, Crime Lab desires to engage the !l,luvices of Dr. Steven T. Hayne for the purposes and duties hereinafter enumerated in Section 1. b:.:::tow,and under the terms and conditions hereinafter set forth. WHEREAS, Dr. Steven T. l'layne is willing to pJ:c1videsuch services under the terms and conditions hereinafter set forth. NOW THEREFORE, in consideration of the p:'pmise of the Chief State Pathologist to . perform said duties as required and the promise by the: 'Counties of tlle State of Mississippi to compensate the Chief State Pathologist at a certain fee as (j dined by Mississippi Code Section ~ 4161-75, the Crime Lab and the Chief State Pathologist pro::nise and agree to the following: I_

DUTIES

The Crime Lab hereby retains Dr. Steven T. HayIl e: to act as the Chief State Pathologist for the Mississippi Crime Lab and the Mississippi Dc:partJIJent of Public Safc:ty and perform other duties as directed by the Commission of Public Safety. The Chief State Pathologist shall provide assisu:.li.ce, consultation and training to connty medical examiners, county medical examiner investigatOf:; and law enforcement officials. I

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He shall keep complete records of all relevant ird ormation concerning deaths or crimes requiring investigation by the medical examiners and submit copies to the Mississippi State Medical Examiners Office. He shall Cooperate with the crime detection and m:;dica1 examiner laboratories authorized by Mississippi Code Section 45-1-17. the University ofM!,::dical Center, the Attorney General, law enforcement agencies, the courts and the State ofMississiTJPi. He shall assist in conducting basic training to all m:'vly elected or appointed CMEIIDMEI's upon request as well as certify the minimum annual 24

hCillfS

of continuing education.

He shall review all appeals of death rulings, concl let investigations, review findings and reports conclusions in writing with recommendations mal:lt:~to the appropriate parties. U. BENEFITS

AND EXPENSES

A. COMPENSATION

The Counties of the State of Mississippi shall eo.i:hpensate the Chief State Pathologist I

in

accordance with the requirements of 941-61-75 of the Mississippi Code of 1972. Mississippi Medical Examiner cases, Federal Medical Examiner case:; and Choctaw Indian Reserve cases fall under the requirements of the State Code. This rate of COl: lpensation is the total cash enumeration or cash type fringe benefit to be paid the Chief State PlLt'10logist unless otherwise stated in this agreement. No health or life insurance premiums or rctireIl~ mt shall be withheld the Crime Lab from said payment.

For non-Mississippi medical examiner c::,~:es- (all cases not from the Mississippi

Medical Examiner System to include Louisiana Medical i:~caminer cases and other autopsy cases) the Crime Lab will be paid at full cost by the CSP cstmlnted at $100 per case to the Mississippi Medical Examiners office. Page -2-

B.

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-=-T=RA=-=-VE..::~=L~IM=, .'=.EAL=fL=O:..:
The Counties of the State of Mississippi will reimb1.!rsctime and all travel expenses incurred during work periods within the limits set by state law and its rules and regulations. D. STATUS OF CONTRACTOR The Chief Statc Pathologist shall at all times be rel€ arded as and shall be legally considered an independent Contractor and shall at no time act as an ll,~entof the state, The Chief State Pathologist shall not be subject to the employment rules and regulations of the State Personnel Board, the Mississippi Department of Public Safety, or the State of Mississippi; nor shall the Chief State Patbologist be governed b:l" any Mississippi

Law or Mississippi

Constitutional provision specifically relating to public eIlblloyment by the State Personnel Board, the Mississippi Department

of Public Safety. or the 8\Elte of Mississippi applicable to public

employees, including, but not limited to the Mississippi Ill'blic Employees Retirement. The Chief State Pathologist shall not be entitled to participate in thc Public Employees Retirement System, or in any group health or life insurance plan offered by the .~)PS or State of Mississippi.

The Chief

State Pathologist shall not be entitled to coverage by l'v[ississippi's worker's compensation as applicable to the DPS and State of Mississippi employees. 'The Chief State Pathologist shall not be compensatcd nor allowed credit for overtime. lieu time. p ;:,:-sonaland sick leave or any other leave benefits as employees of the Crime Lab or State of Mississippi. The relationship now being formed does in no way guarantee employment either in the preseIllt:or future for the Chief State Pathologist I

now entering this agreement. IV.

DURATTON OF CONTRACT AND TI;]lMlNATION REQUIREMENTS

The parties agree that the tcrm of this contract is Hom July 1, 2006 IDltil July 1, 2007. and Page -3-

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will renew annually unless terminated. in writing. The Chief State Pathologist may terminate tins agrl~c:ment,without cause and for any reason, upon ninety (90) days written notice to the Commissioner of Public Safety. TIle Crime Lab may terminate this agreement without cause and for any reasoIl, upon ninety (90) days written notice to the Chief State Pathologist.

Notice shall be by registerc4 mail to George Phillips, Commissioner

of Public SafeLy, P. O. Box 958, Jackson, MS 39205 nnd Dr. Steven T. I-layne, 1700 West Government Street, Suite G, Brandon, MS 39042.

v.

ASSIGNABILITY

The Chief State Pathologist shall not assign any )f his rights or duties arising under this cant Tact Criminal acts by either party shall terminate f1;S contract upon written notice. Upon termination of this agreement, pursuant to this paragr;;lph, such payments to the Chief State Pathologist as are required by this agreement shall be ma~le. VI.

CONFIDENTIAT./ITY

The Chief State Pathologist agrees to hold as strielly confidential all information, both oral and in writing, regarding the Crime Lab's employees, in,!!~stigations and other activities to which it may have access as the Chief State Pathologist. TIle Chic:fStlte Pathologist agrees that he will not read or otherwise gain access to Crime Lab's information

(>1 activities

or personal information ofits

employees except as required to perform his duties and. responsibilities to provide pathologist services. Further, unless disclosure is authorized or requb ed by law, the Chief State Pathologist ,

agrees that he will not disclose any information concemll:1t Crime Lab employees, information or activities whether gained on pwpose or inadvertently now;) r at any time in the future either directly I

or indirectly, except as required to perform said instructinl;; duties undcrtbis contract and then only

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to the extent disclosure is consistent with the authorized. purpose for which the information was obtained. Discussion of the CbicfState Pathologist's findings, opinions, and recommendations with , I"

the Commissioner of Public Safcty is specifically a.uthorh:~d under this contract. Contractor agrees that he will not maintain in

]IL:S

files any information on Crime Lab

activities or its employees beyond records that concern hils duties to provide instruction services. VII.

MISCELLANEOUS

Contractor agrees and promises to make no claim against DPS, the State Crime Lab, the I

Commissioner of Public Safety nor against any cmployel~ of the DPS for any physical or mental injury, loss, damage, or death that may be incurred as a rest'l.ltof the performance of its duties as the Chief State Pathologist . I

The Chief State Pathologist may is hereby grantell access to the State Crime Lab Morgue Facility and the Facility's inventory and equipment

Any l:1.u1heraccess to the State Crime Lab or

to any inventory of the Crime Lab is hereby prohibited witbqut approval of the Director of the Crime Lab and/or the Commissioner of Public S~fety. The Criml~ Lab shall not be responsible for Ole loss or destruction of the personal equipment and inventory ofth~ Chief State Pathologist during the time the Chief Stale Pathologist is working. The Chief State Pa:;) lologist shall not be held responsible for any Crime Lab equipment or inventory destroyed ormissi)~lg when the Chief State Pathologist is not present. Furthennore, the Chief State Pathologist and th~~Crime Lab shall maintain an inventory listing of all equipment and inventory that is separate and C:i;tinct from the equipment and inventory of the other party to the contract, Each party to the eont:.let shall submit an inventory list to the other party to this contract. Both parties are held responi!:jble in respect in the previous sentences un less the situation is found to have been perpetuated by a ,third party. Therefore, the third party will Page -5-

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be held responsible. The Chief State Pathologist cannot be sued when preforming duties for the Mississippi Medical Examiners Offiee and Mississippi Crime Lab aec:{Jfdingto acceptable standards. This agreement represents the sole and exclusivG agreement between the parties.

Any

changes, modifications or amendments to this agreement IllIJstbe made in writing and signed by all parties. This agreement and all rights and duties arising th:'reunder shall be governed, interpreted, I

I

and construed solely under the Constitution and Laws oftbe State of Mississippi. The

State Crime Lab and the Department of Pllhlic Safety, an agency of the State of

Mississippi, in no way waives its sovereign immunity :nd such shall be controlling over any conflicting provisions contained herein. By aftlxing the signatures below, Dr. Steven T. Ha:I::le and Commissioner of Public Safety,

being duly authorized so to do, hereby cause this agrccmen:::1:0 take effect and both agree to be bound by the terms as set forth above.

IN WITNESS WHEREOF, the parties have know ~19ly and willfully CovcIL.'Ulted and agreed on this the __

day of

-", 2006.