Building Legal PreparednessBuilding Legal Preparednessfor for

Public Health EmergenciesPublic Health EmergenciesApril 19-20April 19-20

East Lansing, MichiganEast Lansing, Michigan

Conducting an Effective Emergency Legal Training Exercise

Mike CoxMike CoxAttorney General. MichiganAttorney General. MichiganPresented by: Robert Ianni,Presented by: Robert Ianni,

Director Homeland Security and Special ProjectsDirector Homeland Security and Special Projects

Some PhilosophySome Philosophy

“In preparing for battle, I have always found that plans are useless but planning is indispensable.”

Gen. Dwight D. Eisenhower

“Practice is the best of all instructors.”

Publilus Syrus (100 BC)

More PhilosophyMore Philosophy

“Everyone has a plan, until they get hit.”

Mike Tyson

National Policy on TrainingNational Policy on Training

““Our federal, state, and local governments Our federal, state, and local governments would ensure that all response personnel would ensure that all response personnel and organizations ... are properly and organizations ... are properly equipped, trained and exercised to equipped, trained and exercised to respond to all terrorists threats and attacks respond to all terrorists threats and attacks in the United States.”in the United States.”

National Strategy for Homeland Security, July 2002National Strategy for Homeland Security, July 2002

Why Exercise?Why Exercise?

Test policies, plans, procedures, training, Test policies, plans, procedures, training, equipment, etcequipment, etc

Identify needed personnelIdentify needed personnel

Clarify roles and responsibilitiesClarify roles and responsibilities

Improve inter-agency coordination and Improve inter-agency coordination and cooperationcooperation

Identify deficienciesIdentify deficiencies

Improve performanceImprove performance

Types of ExercisesTypes of Exercises

SeminarSeminar

WorkshopWorkshop

TabletopTabletop

FunctionalFunctional

Full-ScaleFull-Scale

SeminarSeminar

Informal discussionInformal discussion

Involves agency planning seminarInvolves agency planning seminar

Less than half a dayLess than half a day

WorkshopWorkshop

Informal group-facilitator led, Informal group-facilitator led, breakoutsbreakouts

Cover specific issues/activities; Cover specific issues/activities; develop productdevelop product

Cross agencyCross agency

Half a dayHalf a day

TabletopTabletop

Formal, using simulated scenarioFormal, using simulated scenario

Group discussion, facilitator ledGroup discussion, facilitator led

Best to identify agency strengths and Best to identify agency strengths and weaknessesweaknesses

Usually more than one agencyUsually more than one agency

Half a dayHalf a day

FunctionalFunctional

More complex and realistic than tabletopMore complex and realistic than tabletop

Uses simulated scenarioUses simulated scenario

Activate Emergency Command CenterActivate Emergency Command Center

Attempts to simulate real time responseAttempts to simulate real time response

Multi-AgencyMulti-Agency

Full dayFull day

Full ScaleFull Scale

Most complex, uses actors to simulate Most complex, uses actors to simulate emergencyemergency

Multi-location and multi agencyMulti-location and multi agency

Multi levels of response involved and Multi levels of response involved and testedtested

Emergency Command Center activatedEmergency Command Center activated

Supervised by Exercise ManagerSupervised by Exercise Manager

Usually 1-3 daysUsually 1-3 days

Exercise Development ProcessExercise Development Process

Five Major Phases:Five Major Phases:

1. Baseline review1. Baseline review

2. Exercise development2. Exercise development

3. Conduct the exercise3. Conduct the exercise

4. Evaluation4. Evaluation

5. Follow up5. Follow up

Exercise Planning TeamExercise Planning Team

Review existing planReview existing planAssess capabilityAssess capabilityEstimate costEstimate costDetermine type and scope of exerciseDetermine type and scope of exerciseAppoint design teamAppoint design teamAppoint evaluation teamAppoint evaluation teamEstablish scheduleEstablish scheduleReview design exerciseReview design exercise

Planning Team, con’tPlanning Team, con’t

Locate facilityLocate facility

Identify participantsIdentify participants

Prepare facilityPrepare facility

Provide materialsProvide materials

Brief participantsBrief participants

Conduct exerciseConduct exercise

Document activitiesDocument activities

Design TeamDesign Team

Creates the factual scenarioCreates the factual scenario

Creates supporting documents, assist on Creates supporting documents, assist on logistics and planninglogistics and planning

Ensures that scenario is interesting, Ensures that scenario is interesting, challenging, and realisticchallenging, and realistic

Consider agency’s goals, capabilities, Consider agency’s goals, capabilities, assets, and expertiseassets, and expertise

Multi-disciplinaryMulti-disciplinary

Exercise DesignExercise Design

Identify functions to be testedIdentify functions to be tested

-mobilization-mobilization

-communication-communication

-coordination and control-coordination and control

-access to research-access to research

-access to judicial resources-access to judicial resources

-alternate OP center-alternate OP center

Exercise GoalsExercise Goals

Gives participants clear understanding of Gives participants clear understanding of reason for the exercisereason for the exercise

General and specific goalsGeneral and specific goals– general goal: test ability of agency to provide general goal: test ability of agency to provide

timely and accurate advice to health director.timely and accurate advice to health director.– specific goal: prepare and secure a specific goal: prepare and secure a

quarantine order from a particular court w/in a quarantine order from a particular court w/in a set time frameset time frame

Exercise ToolsExercise Tools

Participant handbooksParticipant handbooks

Ground rulesGround rules

Legal manualLegal manual

Facilitator handbookFacilitator handbook

Evaluation guideEvaluation guide

Computers, flip charts, projectorsComputers, flip charts, projectors

Exercise EventsExercise EventsMajor and Detailed Events=Expected ActionsMajor and Detailed Events=Expected Actions– Major event: Problems that are likely to occur Major event: Problems that are likely to occur

based on past experience or case studiesbased on past experience or case studies

– Detailed events: Springs from the major eventDetailed events: Springs from the major event

= Expected Actions: E= Expected Actions: Expected conduct based xpected conduct based on emergency operations plan and known on emergency operations plan and known proceduresprocedures

For Example: For Example:

Tested function: Coordination and Tested function: Coordination and communicationcommunication

Scenario calls for smallpox outbreakScenario calls for smallpox outbreak

Major Event:Major Event: Suspected carrier has been Suspected carrier has been identifiedidentified

Objective:Objective: Prepare legal team, coordinate Prepare legal team, coordinate with health officials, prepare court with health officials, prepare court quarantine order within 3 hoursquarantine order within 3 hours

Example Con’tExample Con’t

Expected actions:Expected actions:

Legal:Legal:notify legal teamnotify legal team

secure evidencesecure evidence

alert judicial officersalert judicial officers

Public Health:Public Health:locate data and official to prepare affidavitslocate data and official to prepare affidavitslocate witnesseslocate witnessessecure medical team to execute court ordersecure medical team to execute court order

Example Con’tExample Con’t

Judiciary:Judiciary:arrange emergency hearing arrange emergency hearing locate judgelocate judgesecure appropriate sitesecure appropriate site

Detailed Event:Detailed Event:

Respondent not represented Respondent not represented Expected action: Appoint counsel (stand-by)Expected action: Appoint counsel (stand-by)

Respondent unable to attend Respondent unable to attend Expected action: Create alternate participation Expected action: Create alternate participation procedureprocedure

Elements for SuccessElements for Success

ParticipantsParticipants– dep’t lawyersdep’t lawyers– law enforcement agencieslaw enforcement agencies– health agencieshealth agencies– private sectorprivate sector– other gov’t personnelother gov’t personnel

Leaders a/k/a Controllers, FacilitatorsLeaders a/k/a Controllers, Facilitators

EvaluatorsEvaluators

MessagesMessages

Messages allow for communication during Messages allow for communication during exerciseexercise

– maintain ordermaintain order– maintain recordmaintain record– can be pre-scripted or spontaneouscan be pre-scripted or spontaneous

EnhancementsEnhancements

Add realism to exerciseAdd realism to exercise

– maps, radios, overheads, power points maps, radios, overheads, power points – visual aidesvisual aides– volunteersvolunteers– judges, outside counseljudges, outside counsel

Debriefing-”Hot-washDebriefing-”Hot-wash””

Feed-back needed for evaluationFeed-back needed for evaluation

Participants, Controllers, and EvaluatorsParticipants, Controllers, and Evaluators

Identify deficienciesIdentify deficiencies

Record and DocumentRecord and Document

Exercise EvaluationExercise Evaluation

Begins at earliest stageBegins at earliest stage

Document what works as well as what Document what works as well as what needs to be worked onneeds to be worked on

Identify needed changes to procedures, Identify needed changes to procedures, emergency plan, or equipmentemergency plan, or equipment

Involve a variety of disciplinesInvolve a variety of disciplines

Use standard formsUse standard forms

Prepare post exercise reportPrepare post exercise report

Post Exercise ActionsPost Exercise Actions

Adopt and implement changes based on Adopt and implement changes based on evaluations and “hot-wash” debriefingsevaluations and “hot-wash” debriefings

Appoint personnel to carry out changesAppoint personnel to carry out changes

Establish timelineEstablish timeline

Follow up in future exercisesFollow up in future exercises

Wrap Up and QuestionsWrap Up and Questions

THANK YOUTHANK YOU

Robert IanniDirector, Homeland Security and Special Projects,

517-335-4810

Iannib@michigan.gov