Building Legal Preparedness for Public Health Emergencies April East Lansing, Michigan Conducting an Effective Emergency Legal Training Exercise Mike Cox Attorney General. Michigan Presented by: Robert Ianni, Director Homeland Security and Special Projects

Some 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 Philosophy “Everyone has a plan, until they get hit.” Mike Tyson

National Policy on Training “Our federal, state, and local governments would ensure that all response personnel and organizations... are properly equipped, trained and exercised to respond to all terrorists threats and attacks in the United States.” National Strategy for Homeland Security, July 2002

Why Exercise? Test policies, plans, procedures, training, equipment, etc Identify needed personnel Clarify roles and responsibilities Improve inter-agency coordination and cooperation Identify deficiencies Improve performance

Types of Exercises SeminarWorkshopTabletopFunctionalFull-Scale

Seminar Informal discussion Involves agency planning seminar Less than half a day

Workshop Informal group-facilitator led, breakouts Cover specific issues/activities; develop product Cross agency Half a day

Tabletop Formal, using simulated scenario Group discussion, facilitator led Best to identify agency strengths and weaknesses Usually more than one agency Half a day

Functional More complex and realistic than tabletop Uses simulated scenario Activate Emergency Command Center Attempts to simulate real time response Multi-Agency Full day

Full Scale Most complex, uses actors to simulate emergency Multi-location and multi agency Multi levels of response involved and tested Emergency Command Center activated Supervised by Exercise Manager Usually 1-3 days

Exercise Development Process Five Major Phases: 1. Baseline review 2. Exercise development 3. Conduct the exercise 4. Evaluation 5. Follow up

Exercise Planning Team Review existing plan Assess capability Estimate cost Determine type and scope of exercise Appoint design team Appoint evaluation team Establish schedule Review design exercise

Planning Team, con’t Locate facility Identify participants Prepare facility Provide materials Brief participants Conduct exercise Document activities

Design Team Creates the factual scenario Creates supporting documents, assist on logistics and planning Ensures that scenario is interesting, challenging, and realistic Consider agency’s goals, capabilities, assets, and expertise Multi-disciplinary

Exercise Design Identify functions to be tested -mobilization-communication -coordination and control -access to research -access to judicial resources -alternate OP center

Exercise Goals Gives participants clear understanding of reason for the exercise General and specific goals –general goal: test ability of agency to provide timely and accurate advice to health director. –specific goal: prepare and secure a quarantine order from a particular court w/in a set time frame

Exercise Tools Participant handbooks Ground rules Legal manual Facilitator handbook Evaluation guide Computers, flip charts, projectors

Exercise Events Major and Detailed Events=Expected Actions –Major event: Problems that are likely to occur based on past experience or case studies –Detailed events: Springs from the major event = Expected Actions: E xpected conduct based on emergency operations plan and known procedures

For Example: Tested function: Coordination and communication Scenario calls for smallpox outbreak Major Event: Suspected carrier has been identified Objective: Prepare legal team, coordinate with health officials, prepare court quarantine order within 3 hours

Example Con’t Expected actions: Example Con’t Expected actions: Legal: notify legal team secure evidence alert judicial officers Public Health: locate data and official to prepare affidavits locate data and official to prepare affidavits locate witnesses locate witnesses secure medical team to execute court order secure medical team to execute court order

Example Con’t Judiciary: arrange emergency hearing arrange emergency hearing locate judge locate judge secure appropriate site secure appropriate site Detailed Event: Respondent not represented Expected action: Appoint counsel (stand-by) Respondent unable to attend Expected action: Create alternate participation procedure

Elements for Success Participants – dep’t lawyers – law enforcement agencies – health agencies – private sector – other gov’t personnel Leaders a/k/a Controllers, Facilitators Evaluators

Messages Messages allow for communication during exercise –maintain order –maintain record –can be pre-scripted or spontaneous

Enhancements Add realism to exercise –maps, radios, overheads, power points –visual aides –volunteers –judges, outside counsel

Debriefing-”Hot-wash” Feed-back needed for evaluation Participants, Controllers, and Evaluators Identify deficiencies Record and Document

Exercise Evaluation Begins at earliest stage Document what works as well as what needs to be worked on Identify needed changes to procedures, emergency plan, or equipment Involve a variety of disciplines Use standard forms Prepare post exercise report

Post Exercise Actions Adopt and implement changes based on evaluations and “hot-wash” debriefings Appoint personnel to carry out changes Establish timeline Follow up in future exercises

Wrap Up and Questions

THANK YOU Robert Ianni Director, Homeland Security and Special Projects,