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Guard: governor's executive order required for cyber activations; cell can advise before activation
Summary
Commission members sought clarity on when the Guard would be deployed for cyber incidents. Officials said a governor's executive order is required to move forces, that activation is vetted through agencies such as BCA and HSCM, and that the Cyber Coordination Cell can provide pre‑activation scoping and advice.
Legislators pressed Minnesota National Guard officials on Jan. 8 about the threshold and process for activating Guard cyber forces after the Saint Paul incident last year.
"In order for us to be able to respond, we need that governor's executive order to initiate, the adjutant general to to move forces," Lieutenant Colonel Brian Morgan said, explaining the legal and executive step required to authorize Guard deployments.
Morgan and Lt. Col. Eric Afton described an informal but multi‑agency vetting chain: local entities or law enforcement may contact the Bureau of Criminal Apprehension or MNIT; the request can be reviewed through Homeland Security and Emergency Management and the state's emergency operations process; if approved it moves to the governor's office for an executive order and formal activation. Morgan said his team is frequently involved early to help scope incidents and advise whether an activation would be appropriate.
Afton emphasized the difference between the Cyber Coordination Cell and activated Guard forces: the four-person, state-funded coordination cell can travel, scope, and advise without an executive order, which helps speed situational awareness and the pathway to a formal request.
Senator Lucero asked how often the cyber forces had been deployed; Morgan replied the unit had been actively deployed once (the Saint Paul event). The Guard said deployments are judged on operational impact rather than strictly on community size — for example, a small county's shutdown could still warrant assistance if local resources are insufficient.
The commission did not take formal action on activation policy but asked the Guard and MNIT to provide any legislative suggestions that would improve communication and the speed of assistance for local governments.
