24-ORD-263
December 9, 2024
In re: Carl Adkins/Kentucky State Penitentiary
Summary: The Kentucky State Penitentiary (“the Penitentiary”) did
not violate the Open Records Act (“the Act”) when it denied a request for
JPay emails between private parties because such records are not
“public records” under KRS 61.870(2).
Open Records Decision
Inmate Carl Adkins (“the Appellant”) submitted a request to the Penitentiary
seeking “all copies of instant mail.” The Penitentiary denied the request because
“inmate email involving friends, family, or JPay staff are not public records.” This
appeal followed.
On appeal, the Penitentiary explains that “instant mail” is provided through
JPay. In 20-ORD-109, the Office found JPay emails between inmates and private
parties generally are not “public records” under KRS 61.870(2). Here, as in 20-ORD-
109, the record does not indicate that the requested records are “prepared, owned,
used, in the possession of or retained by a public agency” within the meaning of
KRS 61.870(2). Accordingly, the requested emails are not public records, and the
Penitentiary did not violate the Act when it denied the request.1
A party aggrieved by this decision may appeal it by initiating an action in the
appropriate circuit court under KRS 61.880(5) and KRS 61.882 within 30 days from
the date of this decision. Under KRS 61.880(3), the Attorney General shall be notified
of any action in circuit court, but shall not be named as a party in that action or in
any subsequent proceedings. The Attorney General will accept notice of the complaint
emailed to OAGAppeals@ky.gov.
1
The Appellant further complains that he has not been given a “tablet” for messaging purposes.
That complaint is beyond the scope of this appeal. See KRS 61.880(2)(a) (authorizing the Office to issue
“a written decision stating whether the agency violated provisions of KRS 61.870 to 61.884”).Russell Coleman
Attorney General
/s/ Zachary M. Zimmerer
Zachary M. Zimmerer
Assistant Attorney General
#459
Distributed to:
Carl Adkins #214628
Michelle Harrison, Executive Advisor, Justice and Public Safety Cabinet
Renee Day, Paralegal, Justice and Public Safety Cabinet
Ann Smith, Executive Staff Advisor, Justice and Public Safety Cabinet