Building Legal Preparedness for Public Health Emergencies April 19-20 East Lansing, Michigan

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, etcIdentify needed personnelIdentify needed personnelClarify roles and responsibilitiesClarify roles and responsibilitiesImprove inter-agency coordination and Improve inter-agency coordination and cooperationcooperationIdentify deficienciesIdentify deficienciesImprove performanceImprove performance

Types of ExercisesTypes of Exercises

SeminarSeminarWorkshopWorkshopTabletopTabletopFunctionalFunctionalFull-ScaleFull-Scale

SeminarSeminar

Informal discussionInformal discussion

Involves agency planning seminarInvolves agency planning seminar

Less than half a dayLess than half a day

WorkshopWorkshopInformal 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

TabletopTabletopFormal, 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 tabletopUses simulated scenarioUses simulated scenarioActivate Emergency Command CenterActivate Emergency Command CenterAttempts to simulate real time responseAttempts to simulate real time responseMulti-AgencyMulti-AgencyFull dayFull day

Full ScaleFull Scale

Most complex, uses actors to simulate Most complex, uses actors to simulate emergencyemergencyMulti-location and multi agencyMulti-location and multi agencyMulti levels of response involved and Multi levels of response involved and testedtestedEmergency Command Center activatedEmergency Command Center activatedSupervised by Exercise ManagerSupervised by Exercise ManagerUsually 1-3 daysUsually 1-3 days

Exercise Development ProcessExercise Development Process

Five Major Phases:Five Major Phases:

1. Baseline review1. Baseline review2. Exercise development2. Exercise development3. Conduct the exercise3. Conduct the exercise4. Evaluation4. Evaluation5. Follow up5. Follow up

Exercise Planning TeamExercise Planning TeamReview 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 facilityIdentify participantsIdentify participantsPrepare facilityPrepare facilityProvide materialsProvide materialsBrief participantsBrief participantsConduct exerciseConduct exerciseDocument activitiesDocument activities

Design TeamDesign Team

Creates the factual scenarioCreates the factual scenarioCreates supporting documents, assist on Creates supporting documents, assist on logistics and planninglogistics and planningEnsures that scenario is interesting, Ensures that scenario is interesting, challenging, and realisticchallenging, and realisticConsider agency’s goals, capabilities, Consider agency’s goals, capabilities, assets, and expertiseassets, and expertiseMulti-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 exerciseGeneral 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 handbooksGround rulesGround rulesLegal manualLegal manualFacilitator handbookFacilitator handbookEvaluation guideEvaluation guideComputers, 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 communicationcommunicationScenario calls for smallpox outbreakScenario calls for smallpox outbreakMajor Event:Major Event: Suspected carrier has been Suspected carrier has been identifiedidentifiedObjective: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 teamsecure evidencesecure evidencealert 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, FacilitatorsEvaluatorsEvaluators

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 evaluationParticipants, Controllers, and EvaluatorsParticipants, Controllers, and EvaluatorsIdentify deficienciesIdentify deficienciesRecord and DocumentRecord and Document

Exercise EvaluationExercise Evaluation

Begins at earliest stageBegins at earliest stageDocument what works as well as what Document what works as well as what needs to be worked onneeds to be worked onIdentify needed changes to procedures, Identify needed changes to procedures, emergency plan, or equipmentemergency plan, or equipmentInvolve a variety of disciplinesInvolve a variety of disciplinesUse standard formsUse standard formsPrepare 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” debriefingsAppoint personnel to carry out changesAppoint personnel to carry out changesEstablish timelineEstablish timelineFollow 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,[email protected]