Director Terry Turner had the document. But he wasn't about to give it up. He worried that portions of the report should not be in the public's hands.

And he didn't like that the woman refused to answer his questions.

"The thing that bothered me the worst was that she wouldn't even tell me a reason why she wanted to see the report," he said. "It might not be a good legal reason, but it made me feel really uneasy."

Sheila Sarmiento left without seeing the report, which is clearly a public document under federal law.

"I'm a normal citizen - that wasn't a good enough reason to see it," she said.

Sarmiento, was one of 20 Brigham Young University students, who along with Utah journalists, conducted a study to see how each county's emergency manager would respond to a basic public records request. The audit was conducted as part of the national Sunshine Week, devoted to open government.

The students were given some contact information from a federal Web site, much of it inaccurate, and then they set out across the state to collect the reports

Eight counties, such as Tooele and Washington, handed it over quickly and without question, but 18 others, like Morgan, did not. Three counties were not contacted.

BYU journalism professor Joel Campbell said Sarmiento's experience was not uncommon among his students, but it is disconcerting.

"They are pretty optimistic and idealistic at this point and they came away with a lot more jaded attitude about government," he said.

Six counties flatly denied the request, three gave the students part of the report, four couldn't find it and two said the report didn't exist.

Campbell agrees that confusion among emergency officials may have resulted in the high number of denials.

Some don't create the report and some thought the students were asking for the overall emergency operations plan, which include police strategies to counteract terrorism.

But the confusion doesn't excuse how some students were treated, Campbell said.

"They didn't take it seriously because it is just a bunch of college students," he said. "It shouldn't matter."

In Davis County, a sheriff's deputy interrogated the student, but because the law does not require the person to give a reason, the student was instructed to say that he is a citizen wanting to see a public document.

Finally, Christopher Williams said he was participating in a class project. The deputy said she didn't want to play games.

Salt Lake County was particularly difficult to navigate for two students. They spent four hours driving to a variety of agencies from the Sheriff's Office to the Health Department. They never found the report or anyone who would help them.

Those same two students had a much different experience at Tooele County. The report was available on CD and was handed to them. It is also in the libraries and each city hall.

"That is the point," said Wade Matthews, Tooele County Emergency Management spokesman. "It is to help people respond appropriately in an emergency."

But Matthew's counterparts in Morgan, Summit, Box Elder and other counties thought the information was sensitive and could benefit terrorists.

"We don't see Tooele County being a really high target on a terrorist's list," he said. And that comes from the county that houses the Deseret Chemical Depot and Dugway Proving Ground.

The emergency managers from each county decided to get a little training on public records law once they noticed that each was receiving the same request. They gathered on Feb. 22 to hear from Mark Burns of the Attorney General's Office.

He told them that the plans do not fall under state's open records act, so they could fulfill the requests or deny them if they like.

But Burns was not aware of the federal statute at that point.

He has since reviewed both laws and came to this conclusion: "My perception is that emergency management officials are erring on the side of caution in this area and frankly I am thankful for that."

He said some counties do not create the plan, which focuses on chemical concerns, while others included sensitive law enforcement information in the report.

"I still believe the audit was a valid exercise in gauging access and helping the public to understand their right to know," Campbell said.

mcanham@sltrib.com

What's Sunshine Week?

Sunshine Week is devoted to open government. The American Society of Newspaper Editors sponsors a National Information Audit each year, with the backing of other journalism organizations. This year they asked for the Comprehensive Emergency Response Plan, a federally mandated plan required of local communities throughout the country. The plan is a public document under federal law.