EMERGENCY LEGAL PREPAREDNESS EXERCISE MIKE COX ATTORNEY GENERAL

EMERGENCY LEGAL
PREPAREDNESS EXERCISE
MIKE COX
ATTORNEY GENERAL
STATE OF MICHIGAN
Introduction
“In preparing for battle, I have always
found that plans are useless but planning is
indispensable.”
Dwight Eishenhower
“Practice is the best of all instructors.”
Publilus Syrus (100 BC)
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Emergencies and disasters are, by
definition, unexpected and are likely to
require a quick response from various
governmental agencies. As lawyers
for the state, we are responsible for
advising state agencies in particular.
But in the event of an emergency, we
must guide emergency responders on
the available powers and specific
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authority, as well as the legal
procedures that need to be followed,
judicial options that need to be
considered, the potential for liability,
and a host of other legal concerns.
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Providing appropriate legal advice
during an emergency or disaster will
undoubtedly present significant
challenges. Appropriate personnel
with knowledge of specialized areas of
the law, support staff, and judicial
resources, need to be assembled.
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During an emergency, time cannot be
wasted conducting research,
developing expertise, preparing draft
pleadings, or identifying key personnel
to lead the legal response team.
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It is important to anticipate legal
contingencies and formulate a
response plan, be it identifying
answers to the most likely issues or
preparing draft legal documents that
can be quickly adapted to each
circumstance.
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Preparation and planning are essential
to carry out an emergency response
plan.
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The Michigan Department of Attorney
General, with the help of the Centers
for Disease Control and the Michigan
Department of Community Health, has
developed a tabletop exercise that can
help prepare a legal team to respond
in the event of an emergency or
disaster. We encourage other agencies
to use the exercise and test
themselves.
PHASE I
Preparation
Internal Organization
1.
Establish an Emergency Chain of
Command and Order of
Emergency Interim Succession.
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In the event of an emergency, the
department director may be
inaccessible. It is important that a
command structure be implemented
in advance so that clear lines of
authority are known and decisions
and opinions reflect that of the
department.
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2.
Establish an "Emergency Legal
Response Team.“
Identify key managers and
employees who will be responsible
for assembling the expertise
needed to respond to a particular
emergency or disaster. They
should have an intimate knowledge
of the resources of the department.
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3.
Appoint an " Emergency
Management Coordinator.“
The Emergency Management
Coordinator, along with an
alternate, is a point person who
directly interacts with counterparts
at the emergency operation center.
This person should have expertise
regarding the Emergency
Management Act and be able to
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respond to general questions and
direct detailed inquires, as well as
matters that need document
preparation or judicial assistance.
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4.Locate Facilities and
Communication Systems.
Establish a dependable
communication system with
multiple redundancy. In addition
to line phones, the Emergency
Management Coordinator needs to
be able to communicate with the
Emergency Legal Response Team
via cell phone, e-mail, and 800
MHz secure channel radios.
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Create a current, department-wide
"telephone tree" to enable speedy
contact with department personnel
and conduct periodic “contact
drills.” An internal information
hotline and updated recorded
message should be created.
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Consider acquisition of a federal
"GETS" card to provide for priority
communication during an
emergency.
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An alternate emergency operations
center should be identified
where top managers and the Legal
Response Team can gather in the
event the department's principal
office is unavailable.
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Communications equipment,
computers, supplies, and research
material should be accessible at the
alternate command center. A
satellite office of the department
could serve as such a site.
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Consider also: Distribution of
access keys, location of computer
ports, extension cords, computers,
projectors, telephones, etc.
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5.
Establish a Business
Contingency and Emergency
Procedures Plan with the
Supreme Court.
During an emergency, courts may
be closed or inaccessible. A plan
that identifies key court
administrative staff and judges
throughout the state who will be
available in the event of an
emergency will ensure that
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necessary court orders can be
secured, individual rights
safeguarded, and the judicial
system maintained. Home phone
numbers and addresses should be
secured so emergency judges can
be contacted in the event an
emergency prevents them from
traveling to the court house.
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An emergency judicial site and
court staffing must be considered.
A sample emergency judicial plan is
attached as Attachment A.
Attachment A.pdf
PHASE II
Developing an Exercise Plan
1.
Create an Exercise Design
Team to plan, coordinate, and
support the exercise. The team will
tailor an exercise scenario, identify
key participants, and control the
exercise event. See Attachment B.
Attachment B.pdf
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2.
Contact persons or agencies with a
stake in the exercise, including
other state, federal, and local
agencies, foreign participants, and
private entities, such as hospitals
and their legal counsel. See
Attachment C.
Attachment C.pdf
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3.
Identify exercise site and secure
necessary funding to cover
expenses, i.e., rent, food,
equipment. In Michigan, the
Attorney General was able to fund
an exercise through the Homeland
Security Grant Program. See
Attachment D.
Attachment D.pdf
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4.
Establish a timeline and assign
detail responsibilities. See
Attachment E.
Attachment E.pdf
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5.
Develop an exercise scenario that
will stimulate discussion, raise
significant legal issues, engage
participants, and challenge the
legal officers to provide prompt and
accurate advice. See Attachment
F, sample exercise scenario.
Attachment F.pdf
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6.
Identify potential issues in advance
to insure that proper staff are
involved and preliminary research
is conducted. This can also be
used in the event moderator or
participants are unable to raise
pertinent questions during the
exercise. See Attachment G.
Attachment G.pdf
PHASE III
Exercise Day
1.
Assign moderators, runners, table
captains, etc.
2.
Align various participants to reflect
particular interests and
backgrounds.
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3.
Encourage discussions among
groups and periodically interrupt
the exercise to query concerns,
obtain status reports, and make
modifications as needed.
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4.
Provide standard communication
forms so that legal issues are
presented, in writing, to the
attorneys and other exercise
participants. See Attachment H.
Attachment H.pdf
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5.
Maintain a record of all questions
and issues raised. See Attachment
I.
Attachment I.pdf
6.
Have participants evaluate
exercise. See Attachment J.
Attachment J.pdf
PHASE IV
Post Exercise
1.
Review evaluations, meet with staff
to review and identify strengths
and weaknesses.
2.
Prepare summary. See Attachment
K.
Attachment K.pdf
3.
Communicate with exercise
participants. (See Attachment L.)
Attachment L.pdf
Index of Attachments
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Attachment A = Michigan Supreme Court, State Administrative
Office, Business Contingency and Emergency Procedures Plan
Attachment B = Exercise Design Team Notes
Attachment C = Participant/Observer Contact Letter
Attachment D = SHSGP Exercise Grant Agreement
Attachment E = Exercise Design Schedule
Attachment F = Exercise Scenario
Attachment G = Pre-Exercise Potential Issues
Attachment H = Exercise Message Form
Attachment I = Legal Issue Log
Attachment J = Evaluation Report
Attachment K = Exercise Summary
Attachment L = Exercise Questions Asked and Answered