Twenty BYU communications students set out to exercise open records laws as part of a nationwide public records audit but ran into an unexpected snag: The records they requested may not be considered public.

Students traveled to 22 of Utah's 29 counties to act as citizens and ask to inspect each county's Comprehensive Emergency Response Plan. Many students reported that county employees questioned their motives and in many instances they were denied access to the documents.

However, it was later determined that a closer look at state and federal law showed the Comprehensive Emergency Response Plan can be considered protected under the Government Records Access and Management Act, or GRAMA.

After being told by the Utah Attorney General's Office that the documents were restricted, Joel Campbell, BYU assistant professor in the department of communications, said he took a closer look at the law.

"Apparently there was some confusion created," Campbell said.

In the wake of the 9/11 attacks, many federal, state and local government agencies moved to keep details of local emergency response plans from public access, mainly out of concern they could land in the hands of terrorists.

Many Utah counties contacted by the BYU students outright refused public access to any information about their plans, while a good number of them said the plan was being revised and not available because it had not been officially adopted.

Campbell said there were a few counties that at least tried to balance the public's interest with security concerns by providing some information.

"In today's world of threats of violence and terrorism, a county official charged with law enforcement responsibilities, as some who were contacted, could and probably should be suspicious about releasing such information," said Brent Gardner, executive director for the Utah Association of Counties.

Campbell said that given the confusion created by the project, county officials should receive the benefit of the doubt that they were doing what the law expects of them.