Can a Surprised character use powers triggered when initiative is rolled?

Question

Certain powers are triggered when initiative is rolled, such as the power for the Casque of Tactics.

Power (Daily): Free Action. Use this power when initiative is rolled. Swap initiative check results with a willing ally who you can see.

However, during a surprise round...

Surprised: If a creature is surprised, it can't take any actions, not even free actions, during the surprise round.

^{Rules Compendium, pg 191}

So, in the case of a combat with a Surprised character with such a power, are they even able to use it? For example, is it considered to be "before combat" when you trigger the power? It doesn't seem like you can use it after the surprise round, since initiative should already be rolled by then.

Answer 1

Initiative being rolled happens before the surprise round starts (PHB, p. 267), and your actions are only limited during the surprise round (same page), so the fact that you can't act in the surprise round does not affect your ability to use, for example, Casque of Tactics.

Answer 2

Having looked more closely at the initiative rules, I came to a different conclusion...

No, you wouldn't be able to use it

The Rules Compendium contains a list of steps which occur at the start of a combat (which are the same as those in the Player's Handbook):

1. Determine surprise. The DM determines whether any combatants are surprised. If any combatants notice enemy combatants without being noticed in return, the aware combatants gain a surprise round.
...
3. Roll initiative. Everyone involved in a combat encounter rolls initiative, determining the order of combatants' turns. You roll initiative only at the beginning of a combat encounter.
4. Take surprise round actions. If any combatants gained a surprise round, they act in initiative order, each one taking a single action. (Surprised combatants take no actions during the surprise round.) The surprise round then ends, and the first regular round of combat begins.

^{Rules Compendium pg. 189-190, Player's Handbook pg. 266}

An initial reading makes it sound as though the action limitation only takes place during the surprise round, which happens after initiative is rolled. However, "Surprised" is a defined condition.

Surprised

• The creature can't take actions.
• The creature grants combat advantage.
• The creature can't flank.

^{Rules Compendium pg. 234, Player's Handbook pg. 277}

Considering Surprised is an actual condition, this means the line in step 4 about not being able to act during a surprise round is a reminder of the rule from the condition, rather than the rule itself. Since determining whether or not a creature is Surprised is the first thing that occurs at the start of a combat, this seems to imply that you can't use any powers that are triggered by initiative being rolled if they require an action.