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EMGT 310 Authentic Assessment

Attached is a COOP plan which is under development for the Roman District Court. The Court does not have an emergency planner nor any employees with a substantial background in emergency management or planning. One of your first assignments as a newly hired emergency planner for Roman County is to assist the Roman District Court staff in completing their COOP plan. Prior to her retirement, your predecessor provided their staff an orientation to COOP planning and furnished sample templates and guidance to assist them. Those items have now been included as Section 2 of the plan.

It’s evident that the staff has made considerable progress over the last few months and has attempted to adhere to Federal Continuity Directive 1 (Federal Executive Branch National Continuity Program and Requirements) and Continuity Guidance Circular 1 (Continuity Guidance for Non-Federal Entities (States, Territories, Tribal, and Local Government Jurisdictions and Private Sector Organizations) in order to produce a viable plan.

The group that has been developing the plan has requested your Office Director’s assistance in completing the identified items. Your Office Director felt that this would be a good project for you as a probationary employee. His directions to you were:

1. Complete the sections where the court staff identified questions or issues (those items are bracketed and in bold typeface); provide specific details describing how you would accomplish or implement each of your identified changes.

1. Perform a review of the plan to:

1. Identify any areas that conflict with FCD1, CGC1, or the Professional Practices

1. Identify any unrealistic planning or operational assumptions

1. Identify any other items which you feel that have been overlooked in the draft that might result in the ability to function in an actual COOP situation

At your option, you may also incorporate items from DRII’s ten Professional Practices.

Directions:

1. Your changes should be made directly into the provided plan. Any additions should be formatted in bold typeface. All deletions should be struck-through. Explanations (which would not be reflected in the actual plan) on “how” you would accomplish or implement each of your identified changes should be italicized.

1. If you need specific information on an organization, personnel or process that is not provided, you may develop and furnish that information. Please note all such information in your product.

1. Do not try to fill in tables or text inserts with specific information such as names or contact information of team members or addresses of alternate facilities. Your submission will be based upon the concept, processes and procedures reflected in your plan, not specific data.

Assessment:

Adequately addressing the identified questions or issues based upon the material covered in the course is 75% of the assignment (5 points for each of the 15 questions).

Utilizing a “best practice” approach or solution to the above identified questions or issues, identifying and addressing “show stoppers,” missing items, or making substantial improvements to the content (not formatting) is an additional 25% of the assignment.

Appendix A COOP

Comprehensive Emergency Management Program

COOP Plan

Appendix

A

CONTINUITY OF OPERATIONS PLAN

FOR THE

Roman District Court

September 11, 2001

TABLE OF CONTENTS

Security Notice ..................................................................................................................................................... iii

Executive Summary................................................................................................................................................1

Introduction ............................................................................................................................................................1

Purpose ...................................................................................................................................................................1

Applicability and Scope .........................................................................................................................................2

How to Use This Plan.............................................................................................................................................2

Section 1 - COOP Plan Implementation (Concept of Operations) .........................................................................3

Decision Process ................................................................................................................................................4

Planning Assumptions .......................................................................................................................................5

COOP Plan Phases.............................................................................................................................................6

Phase I - Activation.......................................................................................................................................6

Phase II – Alternate Site Operations .............................................................................................................8

Phase III – Recovery/Reconstitution.............................................................................................................8

Section 2 - COOP Plan Templates .........................................................................................................................9

COOP Plan Elements.........................................................................................................................................9

1. Alert and Notification ..............................................................................................................................9

2. Essential Functions ..................................................................................................................................9

3. Order of Succession .................................................................................................................................9

4. Delegations of Authority........................................................................................................................10

5. Alternate Facilities .................................................................................................................................10

6. Communications ....................................................................................................................................10

7. Interoperable Communications ..............................................................................................................10

8. Vital Records, Databases, and Information Systems .............................................................................10

9. Human Capital .......................................................................................................................................11

10. Devolution ............................................................................................................................................11

11. Recovery/Reconstitution .......................................................................................................................11

Training ...........................................................................................................................................................11

Training.......................................................................................................................................................11

Tests ............................................................................................................................................................12

Exercises .....................................................................................................................................................12

Multi-Year Strategic Plan ................................................................................................................................12

COOP Plan Templates .....................................................................................................................................14

1. Alert and Notification ............................................................................................................................14

2. Essential Functions ................................................................................................................................15

3. Order of Succession ................................................................................................................................17

4. Delegations of Authority........................................................................................................................18

5. Alternate Site(s) .....................................................................................................................................19

6. Communications ....................................................................................................................................20

7. Interoperable Communications ..............................................................................................................22

8 . Vital Records, Databases, and Information Systems .............................................................................23

9. Human Capital ………………...............................................................................................................23

10. Devolution ............................................................................................................................................23

11. Recovery/Reconstitution ………………..............................................................................................24

ii

Comprehensive Emergency Management Program

Part II - Appendix A

Security Notice

Disclosure of some or all of the information in this Continuity of Operations (COOP) plan could endanger the lives and/or privacy of court employees, and compromise the security of the court’s essential equipment, services and systems. Distribution of this plan is limited to those individuals who need to know the information to activate and implement the COOP plan. [How do we determine which employees need to be made aware of the plan and procedures?]

The decision to release or to withhold information in this plan must be approved by and coordinated with the Chief Justice/Judge of the Roman District Court.

EXECUTIVE SUMMARY

This Continuity of Operations Plan (Plan) is authorized under the authority of the Roman District Court and is one of the preparedness and operations plans (e.g., IT disaster recovery, shelter-in-place, critical incident, evacuation plans) used to prevent, prepare for, respond to, and recover from a disaster.

This Plan encompasses the Roman Circuit Court (parent court of the Roman District Court) and all personnel and operations of those court offices. It presents a management framework to establish operational procedures to sustain each court office and judicial essential functions if normal operations performed at the courthouse(s) or other court related buildings are not feasible. It also guides the recovery and reconstitution of the court’s operations to pre-event status, focuses on actions that must be initiated after an incident to ensure continued operations of essential functions, and provides for sustained essential functions operations, which could be 30 days or more. The plan recognizes that full recovery and reconstitution of the court’s activities may take weeks or months.

The Management Team member or designee of each programmatic area is responsible for reviewing the COOP annually, beginning in April, at staff meetings throughout each level of the Court to ensure that all staff is aware of and trained on the COOP, particularly as it relates to emergency reporting procedures, securing of facilities and the safety of clients.

INTRODUCTION

A broad range of disruptive events have, in recent years, affected court operations and staff at the state and federal level. For this reason this court has an increased focus on emergency management, preparedness and response planning, and training.

Although the Roman District Court is not required to adhere to guidance for federal or state executive branch agencies, such guidance provides a widely recognized, useful and practical foundation for the courts’ planning efforts. In particular, FCD 1 and CGC 1 were used as guidance for COOP planning efforts that are relevant within this court.

This Continuity of Operations Plan is designed to ensure the safety of staff and the public, establish a means to continue essential operations, establish provisions for the protection of critical equipment, records and other assets, maintain efforts to minimize damage and losses, establish provisions for an orderly response and recovery from any incident; as well as to serve as a foundation for the continuity of leadership, and assure compliance with legal and statutory requirements.

The effectiveness of this Plan is dependent on the preparation, evaluation, implementation, maintenance and the compliance with the preparedness guidelines, which include the following:

· The Preparation of the Continuity of Operations Plan procedures, including:

· The Notification of employees regarding their specific assigned duties.

· The Distribution of the Plan to key employees.

· The Dissemination of information to all staff.

· The Evaluation and ongoing review of the Continuity of Operations Plan.

PURPOSE

The Roman District Court is committed to the safety and protection of its employees, operations, and facilities. In support of this commitment, the Court has critical operations that must be performed, or rapidly and efficiently resumed in an emergency. The changing threat environment and recent events has raised awareness to the need for continuity of operations (COOP) capabilities that will enable us to continue the performance of essential functions across a broad spectrum of emergencies. By planning for operations under such conditions, we hope to mitigate the impact of the incident on our people, our facilities and our mission.

The purpose of establishing a COOP plan within this court is to ensure that the capability exists for each court office and the court as a whole to respond effectively to a broad array of potential operational disruptions. The key purposes of this COOP plan are to:

· Ensure continuous performance of essential functions and operations, whether in the courthouse, at an alternate site, by telecommuting, or some other electronic means.

· Protect court facilities, equipment, records, and other assets.

· Reduce or mitigate disruptions to operations.

· Identify and designate principals and staff to serve as the Emergency Response Team (ERT) to be relocated to alternate facilities or assigned to the primary court facility to perform essential functions.

· Train and cross-train all key personnel responsible for the execution of this plan.

APPLICABILITY AND SCOPE

The plan applies to all court operations and personnel in the Roman District Court and is designed to help court offices respond to any threat, disaster, or emergency that may affect court operations. A broad array of disruption or emergencies may occur within or near the Roman District Court as a result of natural hazards, human-induced hazards or terrorism incidents such as those listed in Figure 1.

Figure 1: Potential Threats That May Require an Emergency Management Response

Natural Threats

Manmade Threats

Terrorist Threats

√ Pandemic flu

√ Hurricanes

√ Floods

√ Fire

√ Tornadoes

√ Ice storms

√ Explosions

√ Hazardous materials

√ Transportation accidents or incidents

√ Arson

√ Assaults/acts of violence

√ Power grid failure

√ Conventional weapons

√ Incendiary devices

√ Biological and chemical devices

√ Cyber-terrorism

√ Weapons of mass destruction

This plan provides a framework to continue these essential functions in the event that an emergency at the Court or in the region threatens operations or requires the relocation of select personnel and functions. The COOP Plan presents an approach to begin continuity operations within 12 hours of activation; continue essential functions within the identified recovery time objectives; and maintain essential functions for up to 30 days. [Some services that we provide like emergency protection orders can’t wait 12 hours; what should we do about things like that?]

This COOP Plan has been distributed internally within the Court and with those external agencies that may be affected by its implementation. The COOP Plan has been coordinated with supporting and supported jurisdictions and agencies.

HOW TO USE THIS PLAN

Appendix A is organized into two sections:

Section 1: COOP Plan Implementation

Section 2: COOP Plan Templates Overview

This appendix also underscores the importance of a robust and defined training program, for without it, there is no assurance the COOP plan is viable

Appendix B contains the blank COOP plan templates for the court as a whole and each court office covered by this plan.

Accompanying appendices offer references such as a glossary, checklists, maps to alternate sites, memoranda of understanding, draft orders and scripted messages.

SECTION 1 - COOP PLAN IMPLEMENTATION (CONCEPT OF OPERATIONS) This section provides an overview of the framework to implement the COOP Plan. It includes high-level information particular to Roman District Court operations and the essential functions of each court office required to be performed in a disaster or other disruption. It also provides the framework and decision process for how the court will implement the plan and how it will address each of the COOP Plan elements. Figure 2 graphically illustrates the COOP Plan activation decision and response process.

Figure 2: Sample Decision and Response Flow

Chart

Emergency Pending or Occurs

EmeEmerrgencgencyy PendPendiningg oror OccOccuurrss

19

Initial response to emergencies will be outlined and should be followed based on the Administrative and Emergency Procedures

Immediately

Immediately

Immediately

An individual or ERT will make an initial assessment as to whether or not the primary facility needs to be closed

Does emergency cause the closure of primary facility?

No Yes

No

Yes

Yes

Handle the emergency situation as outlined in the Critical Incident Procedures

Yes

Is the length of the closure minimal and acceptable?

Address emergency and resume full operations in as soon as practicable in the primary facility

Address emergency and resume full No

No

operations in primary facility

Can full operations in primary facility be recovered in approximately 30 days?

An individual or group will assess whether or not full operations in the primary facility can be recovered within 30 days of Plan activation

Immediately

Activate COOP and begin the process toward performance of Plan essential functions in a predetermined and temporary alternate facility

Yes No

Immediately

No

Yes

Perform mission essential functions under the COOP Plan on a temporary basis

Perform essential functions under the COOP Plan on a temporary basis

Immediately begin efforts to recover full operations in approximately 30 Days in a long-term alternate facility

Return to full operations in the primary facility

Full operations in a long-term alternate facility initiated

Decision Process

An emergency requiring the activation of the COOP plan may occur either with or without warning.

With Warning. It is expected that in many cases, the Court will receive a warning of at least a few hours prior to an incident. This will enable full execution of the COOP Plan with the complete and orderly alert, notification, and deployment of key personnel to assembly sites or pre‐identified deployment locations before the incident takes place. Notifications will occur through pager, email, telephonic, and other mass notification methods, using standard procedures developed by the Court.

Without Warning. Execution of the COOP Plan following an incident that occurs with little or no warning will depend on the severity of the event and the number of personnel affected. COOP team personnel should expect to be alerted at all hours, depending on the nature of the emergency. Notifications will include a specified report time and location. This communication may occur through pager, email, telephonic, and other mass notification methods. Under certain circumstances, in‐person notification may be necessary.

A sudden emergency, such as an explosion, fire, act of violence, or prisoner incident, may require the evacuation of a courthouse with little or no advance notice. Courthouse evacuation and response to other critical incidents will be accomplished in accordance with existing critical incident, evacuation, and other emergency procedures for the building.

The COOP is not an evacuation plan; rather, it is a deliberate and pre-planned movement of designated staff (Emergency Response Team) to an alternate site. In the event of a pandemic, only the Emergency Response Team likely will remain in the court facility to ensure delivery of essential functions. The outline that follows provides an overview of the sequence of events for the Roman District Court COOP plan activation and execution.

An Emergency Response Team (ERT), comprised of the chief justice/judge and court leadership serves as the leadership group. This team is comprised of an Advance Team responsible for preparing and maintaining the alternate site(s) for the arrival of the leadership group and the Essential Functions Team. The Essential Functions Team is responsible for the performance of the prioritized essential functions identified in this plan.

Court Emergency Response Team

Team

Team Members

Responsibilities

Advance

• Initiate alert and notification system

• Deploy to alternate site

• Set-up IT and communications at alternate site

Leadership

• Make decisions

Essential Functions

• Perform prioritized essential functions by court office

Emergency Team Roster

Court Office/ Chambers

Position

Person

Alternate

Contact Numbers Home/office/ cell/alternate

Email/home and office

Following an incident so severe that the courthouse is rendered unusable or inaccessible, or if such an event appears imminent, the chief justice/judge will direct the court administrator to activate the COOP Plan. The court administrator will notify each court office that the plan is to be executed.

Following a decision to activate the court COOP plan, the court administrator and designee will ensure that all judges and office managers are notified, and that office managers execute their respective internal alert and notification plans. Simultaneously the justices’/judges’ chambers will execute their internal alert and notification plans.

The court administrator has the responsibility for the Roman District Court COOP Plan execution which includes:

· Phase I–Activation and Relocation

· Phase II–Alternate Site Operations

· Phase III–Recovery and Reconstitution

Based on alternate site capacity, it is unlikely that all judicial officers and the Emergency Response Team will move to the same relocation site. Some justices/judges and court personnel may be relocated to multiple alternate sites or they may perform the functions from home.

Court personnel who are not part of the Emergency Response Team may be directed to remain at home pending further instructions.

Planning Assumptions

This plan assumes four basic scenarios that may cause a disruption of normal court operations. Examples of these scenarios are contained in Figure 3. The scenarios are:

· Courthouse only is affected

· Courthouse and immediate vicinity are affected

· Geographic region is affected

· Pandemic Influenza

Figure 3: Examples of Planning Scenarios

Scenario

Circumstances

Courthouse Only

Building fire

Courthouse and Immediate Vicinity

Gas main explosion that affects areas near and around the court facility

Geographic Region

Heavy regional floods

Pandemic Influenza

State-wide impact (world-wide)

Building on these planning scenarios, the plan incorporates the following assumptions:

· The worst-case scenario is the loss of access to the courthouse.

· Supreme Court, Courts of Appeal, and the Trial Court COOP Plans will be coordinated if the courts are co-located in one alternate site.

· The Emergency Response Team will be available to provide leadership, and continue court office essential functions.

· The sheriff’s office will provide security to the judges, staff, and court facilities.

· Once relocated to an alternate site(s), judges will adjust their dockets to assume matters from others who may not have survived or are unavailable.

· Activation of the COOP plan may be required at any time e.g., business hours or non-business hours. Following activation, the Emergency Response Team members may be required to travel from their home or other non-duty location(s) directly to an alternate site.

· Some or all information and communications systems may be degraded or unavailable

· COOP activation does not affect the pay or benefits of court personnel.

· Emergencies or threatened emergencies can adversely impact the Court’s ability to continue essential functions and provide support to the day‐to‐day operations

· There will be a sufficient number of surviving and available senior managers with adequate supporting personnel to continue the essential functions of the Court

· When an emergency incident occurs that impacts essential Court functions, the Court will implement the COOP Plan

· Communications capabilities, transportation, and other infrastructures will be sufficiently intact to allow implementation of this plan

· Court personnel and federal, state, local, private, and military resources will be available as necessary to continue essential functions

· Recovery of a critical subset of the University’s functions and application systems will occur and allow essential operations to continue

· A disaster may require student, faculty, staff, patients, and the public to function with limited support services and some degradation of service, until a full recovery is made.

COOP Plan Phases

Phase I - Activation

The COOP plan is activated by a significant event or by the receipt of information regarding a credible threat that jeopardizes the safe and continuous operations of the court and/or the court’s ability to continue to perform essential functions at the primary facility. The extent to which activation will be possible depends on the warning received, whether personnel are at the court or another location, and the extent of damage to the affected court facility and surrounding areas.

The following positions, in order of priority, are each authorized to direct responses to emergencies including evacuation (partial or total), and closing of court operations:

· Chief Justice/judge

· Court Administrator

· Sheriff

· Building manager

The positions listed above are referred collectively as the “Leadership Group.” They will report to the designated assembly point as they learn of an emergency which may require any evacuation or activation of the COOP plan. The team should first report to Assembly Point 1 (Main Street Armory); if that site is unavailable the second location is Assembly Point 2 (City Library); and the third location is Assembly Point 3 (Central Fire Department).

If the disruption or crisis event occurs during office hours and the COOP plan is activated, all court personnel will be alerted and notified by the automated notification system, and the Emergency Response Team will be directed by a court executive to relocate immediately to an alternate site. Non-essential personnel may be directed to go home or move to other designated location(s) to await further instructions. Each court manager must account for personnel within his/her court office.

If the event occurs during non-office hours, most court personnel will be located at home, which also requires alert, notification, and accountability procedures.

The court executive is responsible for communicating with staff so they know what to do, where to go, and what to expect. Emergency notification may be communicated through a variety of means including:

· Public announcement system

· Court website

· Electronic mail (email)

· Recorded telephone messages

· Automated notification system

· Announcements on local radio and television outlets.

· During an emergency, the court leaders will continue to keep court personnel and the public informed on specific topics using a variety of the mechanisms.

Initial Actions Following Emergency Notification are as follows:

· Court leader verifies the availability of a selected alternate site, and notifies the host site to expect the arrival of the Emergency Response Team.

· The team ensures that Go Kits are accessible, complete, (pre-positioned when possible) with current documents, supplies, and equipment. [Please provide a list of what personal equipment should be included in the Go Kit]

· The team gathers documents required for the performance of essential functions, including checklists.

· Personnel and the IT team coordinate the immediate transfer of the most recent version of essential documents, databases to online system(s) to be accessed from the alternate sites. Essential files may also be transferred to removable storage media (flash drive, CDs) or transported in hardcopy. [What procedure should we adopt to manage a situation where an event happens over a weekend and the ERT cannot return to their office to gather up records or files before going to the relocation site?]

· Each court office secures the vacated work areas in the main court facility if possible.

· The sheriff should take appropriate measures to ensure security of staff, courthouses, and equipment or records remaining in the courthouse.

· If a trial is in progress during an emergency, it may be necessary to relocate all individuals, including the jury.

The COOP plan has multiple hot relocation sites from which essential court operations may be conducted. Because space and support capabilities at these sites are limited, the number of personnel to be relocated must be restricted to the Emergency Response Team. Some personnel may move to another site to continue to support essential functions, while others may be asked to work from home. As the crisis situation stabilizes, additional essential functions and personnel to support them will be acquired.

The order in which the Emergency Response Team will relocate to an alternate site is as follows:

· Advance Team

· Leadership Group

· Essential Function Team

Phase II – Alternate Site Operations

Upon arrival at the relocation site, the Emergency Response Team will evaluate the capabilities and take appropriate action to correct deficiencies and prepare the facility/facilities for the arrival of leadership and the essential functions team. The Emergency Response Team disseminates administrative and logistics information to arriving court members, who will then move to designated spaces and commence essential operations. As appropriate, court members begin to retrieve pre-positioned information and data and activate information, data systems, and equipment.

During COOP plan activation, it is expected that the working hours of the Emergency Response Team most will be similar to normal non-emergency periods. Some support operations may be required on a 24-hour-per-day, seven-day-per-week basis and work schedules will be adjusted accordingly.

The performance of essential functions is the key focus for operations at the alternate site. It is important to establish priorities prior to an emergency to enable the Essential Functions Team to perform essential functions. To make certain that essential functions continue as soon as possible, each court office has

identified and prioritized the essential functions, and designated those who will perform the functions. Tasks deemed not essential will be deferred until normal operations are feasible. Resource and staffing requirements, critical data, and systems necessary for conducting the essential functions were identified and integrated so that essential functions can be performed seamlessly.

Phase III – Recovery/Reconstitution

Depending on the nature of the emergency or disaster, there may be loss of life and/or destruction of physical property, and it may be necessary to rebuild or reconstitute the court. The options include:

• Continue to operate from the current alternate site(s)

• Begin an orderly phased return to the courthouse and pre-event status

• Begin to establish a reconstituted court at another location

A recovery and reconstitution procedure commences when the Emergency Response Team leader confirms that the emergency has ended and is unlikely to recur. It is the responsibility of the Emergency Response Team to ensure coordination of recovery and reconstitution decisions with appropriate state and local authorities.

SECTION 2 - COOP PLAN TEMPLATES

This section provides a description of operational actions for activation and recovery activities. The templates form the completed COOP Plan that provides a combination of detailed and operational information critical to the successful implementation of the Plan.

COOP Plan Elements

1. Alert and Notification

This Element sets forth policies and procedures for the formal emergency notification to employees through a system or variety of systems that an incident may or has occurred. The alert and notification system also provides response directions to employees and external stakeholders regarding acquisition of future information. The systems may include, but are not limited to, an organization’s emergency telephone notification system; public announcement system; broadcast email; automated telephone messaging; call trees; in person contacts; or use of contracted alert and notification services. [Should we use an automated notification system? What are the advantages?]

2. Essential Functions

Essential functions are those court functions that, if not performed, would result in failure of the court or court unit’s mission. When considering which functions are essential, they should be prioritized according to their impact on life, death, and freedom (vis-à-vis detention), and those that are required to maintain civil authority and public safety. Each court office/department should identify and prioritize its essential functions, and essential functions team including alternates. [How do we determine more exactly what constitutes an essential function?]

3. Order of Succession

Order of succession ensures a seamless court command structure so that all internal and external

stakeholders always know who is in charge. While Order of Succession and delegations of authority are often closely linked and are considered vital records of the court because they identify the leadership or ‘next-in- command’ structure, and provide for specific authorities, they do not serve duplicate purposes and should be treated separately. For example, the successors, who most often are in decision making positions and effect policy, may not be the same person delegated authority to address administrative matters such as payroll or procurement. Orders of Succession should be written and are in effect only until the primary command structure is resumed. [How many alternate replacements should I have?]

4. Delegations of Authority

Ensures seamless transfer of leadership decision-making, administrative approval, and procurement powers and are limited to the period of COOP Plan activation. To facilitate an immediate response to an emergency situation, the courts should pre- delegate authority for making administrative decisions at all organizational levels, but particularly at the procurement and human resource levels. Delegations should be written and be effective only until the primary authority is resumed. [We understand succession when it comes to managing and performing tasks in the absence of key people but how do you delegate the authority of a judge or even an armed guard?]

5. Alternate Facilities

With the exception of a pandemic, essential court functions may be relocated to pre- screened and pre-approved alternate facilities because the primary facility is unavailable. Where necessary, memoranda of understanding should be executed with the alternate site managers and updated annually. [Should we use a hot site for all of our ERT?]

6. Communications

Notification of COOP Plan activation must be conveyed to external agencies, e.g., the public, bar, state, local and federal authorities. Internal communications involve notifying employees that activation of the COOP Plan occurred. Procedures must be established to gather and verify information (situational awareness) to ensure that judicial officers and court leadership have credible information on which to base decisions. A designated person(s) should be assigned to disseminate information to employees and external constituents to ensure the continuity of message.

7. Interoperable Communications

The ability to communicate with internal (court personnel) and external stakeholders (e.g., law enforcement, first responders, emergency management agencies) is imperative. Multiple and redundant technologies should be employed when possible because communications failures are inevitable in a disaster. [Which of the NCS emergency programs that we were told about should we use? Are there any other communication technologies that we should consider?]

8. Vital Records, Databases, and Information Systems

The protection and availability of vital records, databases, and information systems such as orders of succession, delegations of authority, financial, budget, personnel, case files, and property and procurement records required to support the court’s essential functions. [How do we determine what is a vital record, database, and system?]

9. Human Capital

This Element addresses the plans and procedures that apply to court staff who are not directly involved with emergency response teams or operations particularly at an alternate facility. It also addresses available crisis management services and any court sponsored network of services for employees and their families. [Can we mandate that people change work locations and hours? How should this be addressed to minimize problems?]

10. Devolution

Element 10 ensures that the capability exists to transfer authority and responsibility for essential functions from a specific court office and primary work locations to other court personnel in another court or at an alternate facility to sustain that court office’s operational capability for an extended period of time if the primary office and/or personnel are unavailable or incapacitated. [We don’t understand transferring responsibilities to someone who is unfamiliar with the specifics of a specialized part of the law or procedure (like emergency search warrants); how do we manage this?]

11. Recovery/Reconstitution

This element lists the steps to return operations to pre-event status. This may include a phased

activation of HVAC systems, voice and data systems, mail services, personnel, and operational and administrative activities.

Training

Training encompasses tests of plans and emergency operating procedures, simulated and scenario based exercises to rehearse the response plans, and training and education of all staff and the ERT. Training, testing and exercising COOP plan capabilities are necessary activities to identify gaps, improve the ability of the court to execute its essential functions, train all personnel to create a culture of preparedness, and rehearse plan activation through simulated disaster exercises.

Training

To maintain a viable COOP plan, court staff will be trained to perform designated essential functions at an acceptable level of proficiency, particularly if the essential function is not the person’s primary, routine function. Proficiency in COOP plan activities is achieved by selecting and training key individuals; then by training the group that will be involved in COOP plan activation; and finally, by training the court as a whole. Training and educating the entire staff about response plans and precautionary activities such as those that relate to security and a pandemic are important and help create a culture of preparedness. The training portion of the program includes:

• An emergency preparedness and COOP plan awareness workshop for all court staff

• A COOP plan senior leadership orientation

• A comprehensive readiness program to ensure the preparedness of court personnel assigned to carry out essential functions during COOP plan activation.

Tests

The court will conduct regularly scheduled testing of the court’s plans and procedures, equipment and information systems that will support the essential functions during COOP plan activation to identify and correct gaps and weaknesses. The testing portion of the program provides the following:

• Quarterly evaluations of “alert systems,” including instructions for relocation to pre-designated facilities, with and without warning, and during business and non-business hours.

• Evaluations of the court’s ability to access vital records, information systems, and the data management software and equipment necessary to perform essential functions.

• Evaluations of Alert and Notification and communication systems.

• Evaluations of the support services at the alternate site (e.g., water, electrical power, IT infrastructure, and HVAC) at the alternate facility(s).

Exercises

Exercises are a variety of simulated disasters designed to keep the COOP plan viable and to improve the ability of court staff to execute the plan. The exercise portion of the TT&E program includes:

• Bi-annual activation of the COOP plan requiring notification and verbal walk-through of the activation procedures

• Annual activation of the court COOP plan for physical relocation to an alternate facility

• Annual tabletop exercises for the court staff which also may include select external stakeholders

Multi-Year Strategic Plan

This long range plan is designed to ensure that adequate resources (e.g., people and equipment) necessary to build and strengthen essential functions capabilities are identified and obtained. The plan also sets forth the annual COOP plan maintenance schedule to ensure the plan remains viable. Figure 4 sets forth the maintenance schedule.

Figure 4: COOP Maintenance Schedule

Action

Cost

Tasks

Responsible

Position

Frequency

Update and certify the

Plan

Review entire plan for accuracy

Incorporate lessons learned from real-life activations of the plan and from testing and exercises

Incorporate changes in policy and philosophy

Manage distribution

[Name/ Position responsible]

Annually

Maintain and update Orders of Succession and Delegations of Authority

Obtain current incumbents

Update rosters and contact information

[Name/ Position]

Semi-Annually

Revise checklists and contact information for Emergency Relocation Team members

Update and revise checklists

Confirm/update information for members of the Emergency Relocation Team

All Court

Offices

Annually

Appoint new members to the Emergency Relocation Team

Train new members on their responsibilities

Integrate new members into team training

[Name/ Position]

As needed

Maintain alternate facility readiness

Check all systems

Verify accessibility

Cycle supplies and equipment, as necessary

[Name/ Position]

Monthly

Monitor and maintain vital records management program

Monitor volume of materials

Assist court staff with updating/removing files

All Court

Offices

Ongoing

Train new court staff

Include in new employee orientation

[Name

Position]

Within 30 days of appointment

Orient new policy officials and senior leadership

Brief officials on existence and concepts of the COOP plan

Brief officials on their responsibilities under the COOP plan

[Name

Position]

Within 30 days of appointment

Plan and conduct exercises

Conduct internal COOP exercises

Conduct joint exercises with other courts

Conduct joint exercises with judges and staff

[Name

Position]

Semi-annually

As needed

COOP Plan Templates

1. Alert and Notification

This template identifies the specific means to alert and notify staff that a crisis or disaster is about to occur, or has occurred, and that the COOP plan was activated.

Name the person(s), and their position, responsible for initiating the alert and notification process and the processes used. (Note: this could be a public information officer or information technology officer, upon direction from the chief justice, coordinating the activation of an automatic or electronic messaging system.) Pre-scripted messages are helpful in crisis situations because they disseminate the same information and directions to all staff.

One person should be responsible for the alert and notification activities to ensure consistency of information. Messages should provide information about the event and instructions to staff and the response teams. Electronic alert and notification systems should be coordinated with the IT staff. If call trees are used, provide detailed information about who initiates the call, the cascade order, and contact information. Similarly, if a combination of methods is used, check that box and describe the combination system in a brief narrative.

One template may be completed for the overall plan if there is only one Alert and Notification system for the entire court (all court offices). If each court office has a separate system, a template should be completed by each office and incorporated into the overall plan.

Template 1 Sample

Court Office: Family Court

Person/

Position

Responsible

Alternate

Responsible

Persons/ Position

Telephone

Messaging/ Office

Telephone

Messaging/ Remote Phone

Numbers

Email

Broadcast/ Office

Email

Broadcast/ Remote

Addresses

Call Tree

Combination

John Jones, Automation Specialist

Mary Smith, automation specialist

X

X

X

X

X

Name Each court office supervisor

Name Supervisor designees

X

X

2. Essential Functions

Essential functions are those tasks, functions or activities that, if not performed, would result in the court failing to meet its legal and constitution requirements. Each court office completes an essential function template. For a pandemic, sufficient alternates should be identified and trained to perform the essential functions and entered into the template because of anticipated high absenteeism (perhaps 40% over 18-24 months).

Each court office should decide how soon after COOP plan activation (also known as recovery time objective) each prioritized essential functions should be available. Essential functions must be ranked according to their priority so the Emergency Response Team knows how to prioritize response efforts. For example, the court offices could categorize essential functions according to priority levels with recovery time objectives that are practical for each court’s unique situation: For example, those functions classified as one, may be those that impact life, death, safety, and freedom. The chart below illustrates five priority levels:

Priority

Recovery Time

Objective

1

0 - 24 hours

2

24 - 48 hours

3

3 - 5 days

4

5 - 30 days

5

Indefinite

Template 2 Sample Essential Functions

Court Office: Family Court

Priority

Recovery Time Objective

Essential Function

Location 1

Location 2

Location 3

1

24 hours

Hearings -

Includes Preliminary Exams/Arraignments/ Detention Hearings

Courthouse B

Courthouse C

Law School

2

48 hours

Mail Services

same

same

same

3

5 days

Authorize and process bench warrants

same

same

same

Template 2 Sample Essential Functions Team Court Office: Family Court

Essential Function

Primary

Alternate 1

Alternate 2

Alternate 3

Hearings - Includes Preliminary Exams/Arraignments/ Detention Hearings

Mary Jones

Family Court

Title/Position

Contact Info

John Smith

Family Court

Title/Position

Contact Info

Mail Services

Authorize and process bench warrants

3. Order of Succession

Each court unit completes this template to ensure a continuous leadership structure. Orders of Succession should be deep enough to respond to the impact of a pandemic where high absenteeism and mortality rates are expected. The order should be written and revert to the original leadership when conditions return to the pre-event status. When feasible, court offices and judicial officers should consider successors located in other geographical areas to avoid successors being affected by the same disastrous event.

Template 3 Sample

Order of Succession

Court Office: Clerk’s Office

Primary contact

Contact information

Alternate1 contact

Alternate1 contact information

Alternate2

Contact

Alternate2

Contact information

A.B. See, Clerk

of Court

Cell:

Office: Home:

Out of Area:

X.Y. Zee,

Deputy Clerk of Court

Cell:

Office: Home:

Out of Area:

Elameno Pea,

Budget

Director

Cell:

Office: Home:

Out of Area:

4. Delegations of Authority

Each court office completes this template to ensure administrative matters are accomplished seamlessly. Delegations should be deep enough to respond to a pandemic. Contact information should include cell phone, home phone, contact information outside the area, home email, and work email and phone information. Delegations should be written and revert to the original designee as soon as possible following the event.

Template 4 Sample Delegations of Authority Court Office: Clerk’s Office

Delegated Authority (function)

Primary/contact information

Alternate/contact information

Alternate/contact information

Payroll

certification

A.B. Jones, Payroll

clerk

Home: 555-1212

Cell: 555-1234

Alt#: 555-1235

Email: primary and secondary

C.D. Smith, assistant

payroll clerk

Home: 555-1111

Cell: 555-2222

Alt#: 555-3333

Email: primary and secondary

E.F. Miller, Budget

Analyst

Home: 555-1235

Cell: 555-3333

Alt#: 555-3444-

Email: primary and secondary

New Emergency

Case Filing

Funds

Disbursement

5. Alternate Site(s)

At least three alternate sites should be identified. When possible, two of the sites should be located outside the geographical area of the primary facility. The court should develop a list of criteria required for suitable alternate sites (see Tables 1 and 2 in Appendix C), and identify the location and logistics of each. Maps to each site should be provided to the Emergency Response Team, and where required, Memoranda of Understanding (MOUs) should be executed and remain current.

Template Alternate Sites

Sample

Court Office: Court of Appeals/Trial Court

Priority

Essential Functions

Primary Operating Site

Scenario I: Building Only

Scenario II: Local Area

Scenario III: Regional Area

Court of Appeals

1

Emergency appeals

Courthouse 1

Courthouse 2

Law School

Law School

1

Detention order appeals

(Juvenile/Adult)

Courthouse 1

Courthouse 2

Law School

Law School

1

Motions to Stay (resuscitation;

transfusions)

Courthouse 1

Courthouse 2

Law School

Law School

1

Appeal from commitment orders

Courthouse 1

Courthouse 2

Law School

Law School

Trial Court Essential Functions

1

Hearings -

Includes Preliminary Exams/Arraignments; Detention Hearings. Needs to include court room clerks, interpreters, and staffing.

Courthouse

Sheriff’s

Office

Federal Court

Law School

1

Communications with sheriff’s office and law enforcement agencies

Courthouse

Trial Court Essential Functions

1

Maintain Internal and External

Communications

(judges, staff, administrative office, other agencies and courts; and public,

media, local, state, and federal

partners)

Courthouse

1

Temporary emergency shelter

Courthouse

Leased space

Law Schools

1

Juvenile intake/conduct interviews/investigation

6. Communications

The overall purpose of the communications and public information effort is twofold: (1) to provide consistent, timely, accurate, and easy-to-understand information to employees, lawyers and litigants, building tenants, other courts and external agencies, and to the general public during an emergency; and (2) to gather, analyze, and disseminate event information to the court’s decision makers. Communications objectives are to achieve the following:

· Provide up-to-date information about the impact of the disaster or emergency on court operations

· Provide current information on revised or amended court processes and procedures

· Instill confidence that the courts will continue to function

· Inform the public on the execution of the court’s activities

· Respond to unsubstantiated rumors with accurate information

A single point-of-contact should be designated to disseminate information to the Emergency Response Team, all employees, the media, public, and external stakeholders. The following templates may be used to capture internal, media, and external contact information.

Template 6 Sample

Court Contact List

Department

Contact

Emergency Number

- Media Contact

- Telecommunications/IT

- Jury Office

Template 6 Sample

Media Contact List

Medium

Telephone

Other Contact Info

Radio

Television

Newspapers

Template 6 Sample

External Communications Contact List

Audience

Name/Title

Telephone Number

City Local Level

• Police Department

• Fire Department

• Emergency Management

Agency

• Department of Public Safety

• Public Defender Service

• Prosecutors Office

• Health Department

The following template may be used to provide staff with resources available to obtain information during an emergency, disaster, or disruption.

Template 6 Sample

Communications Options for Court Staff

Target Audience

Warning/Notification of Initial incident

Resumption of services/ directions for accessing them

The Public

Media (local – TV and radio)

Court Web Site: Radio /TV News

Public Address System

Media (local - TV and radio)

Court Web Site:

Judicial Officers and

Court Employees

Court Web Site

Email Broadcast Internal Contact List Media

Cell Phones

Satellite Phone

Nextel-type Phone/Radios

PDA

Court Emergency Information Line (e.g.,

1-800 number)

Court Web Site

Internal Contact List

Media

Cell Phones

Court Information Line

7. Interoperable Communications

During an emergency and the activation of the COOP plan, communications with external agencies and stakeholders will be necessary but may not be available through regular means.

Redundancy of communications equipment is essential. Therefore, it is imperative that communications devices be interoperable and redundant, internally as well as externally, pre- programmed with the phone numbers of key internal and external contacts, and that back-up interoperable systems are available. Members of the Emergency Response Team must know how to use the devices and store them away from the court facility. This template provides the court with a means to list each device, to whom it is assigned, and with whom it is compatible.

Template 7 Sample

Interoperable Communication Devices

Device

Assigned To

Location of

Device

Agency

Compatible

Satellite phone

#12345

Judge 1

Judge’s home

Police, Fire,

Rescue

Blackberry

#6789

Judge 1

On person

N/A

8. Vital Records, Databases, and Information Systems

The court should take steps to secure and to ensure access to authorized persons of vital records, databases, and information systems including, but not limited to:

· Emergency Operating Records - COOP Plans and procedures for response teams

· Legal and Financial Records - personnel, payroll, contact, and vendor lists

· Classified or sensitive data necessary to perform essential functions and activities and reconstitute operations

This template should capture all information about each court office’s vital records, databases, and information systems, and it should be integrated with the IT department’s disaster recovery plan.

Template 8 Sample

Vital Records/Critical Systems/Databases

Court Office: Family Court

Office

Document

Name

Document

Description

Supporting Application and/or Information System

Medium

Storage

Location

Medium of Backup

Storage Location of Backup

Frequency of

Backup

Family

Court

Intake Form 1

New case

activation

CA-Sys

Server X

Courthouse

Relay/disc

Bank vault

Nightly

9. Human Capital

List and describe in narrative form personnel policies and procedures that impact the emergency response team as well as non-essential personnel (e.g., compensation) and how personnel information will be conveyed to staff before and during an emergency. Also provide information about employee assistance programs available in the wake of a disaster and any response team support networks.

To reduce the conflict between family and emergency response team roles and responsibilities, the court might consider developing a support network for response team families. The emergency response team members should also be encouraged to develop a family support plan. Programs should also be in place to help staff return to the court following a disruption. [What should we include in the family support plan?]

10. Devolution

Devolution is the process to ensure the capability exists to transfer authority and responsibility for essential functions from one court office to another (or one chambers to another) in the event the primary office/chambers is unavailable. In this section, describe the process and procedures of how and to whom each court office/judicial officer essential functions will devolve. As soon as a catastrophic event renders court facilities and personnel incapacitated, the devolution plan should address the essential functions that must automatically be transferred to a pre-determined office or chambers.

If a court office or chambers operations are not feasible because of the loss of personnel, temporary leadership of the court office or chambers should be passed to a pre-designated court office or chambers. The devolution office and personnel must be capable of supporting all the COOP essential functions and activities of the devolving court office.

Template 10 Sample

Court Office: All

Primary Office

Devolution Office

Clerk’s Office/Criminal

Division

Clerk’s Office/Civil Division

Juvenile Court

Adult Court

Chambers ‘A’

Chambers ‘B’

11. Recovery/Reconstitution

Identify in narrative form the procedures to resume operations and administration to pre- event status such as:

· IT Systems

· Voice and Data Communications

· Business Operations

· Mail Service

· Personnel

In this section the court creates a plan to transition from COOP to pre-event status after the threat or disruption subsides or ends. Where relocation to an alternate(s) was necessary, the procedures should ensure a smooth transition from the relocation site to the original or new court facility. [What procedures can we adopt to make this as easy as possible?]