25-ORD-062
March 10, 2025
In re: Dante Stone/Eastern Kentucky Correctional Complex
Summary: The Eastern Kentucky Correctional Complex (“the
Complex”) 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 Dante Stone (“Appellant”) submitted a request to the Complex seeking
“JPay videograms” sent at particular times on February 17, 2022. The Complex
denied the request because the request records “are not public records” under the Act.
This appeal followed.
On appeal, the Complex 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). The Appellant claims the
records are attached to “Judicial Conduct Commission Complaints and Clerks Office
Commission complaints” and will “be filed as Judicial Notice Evidentiary
Attachments” and “attachments to a Gubernatorial Pardon Application Packet.” But
those assertions do not show that the records have been “prepared, owned, used, in
the possession of, or retained by” the Complex. 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 “JPay videograms” are not public records,
and the Complex did not violate the Act when it denied the request.
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 notifiedof 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.
Russell Coleman
Attorney General
/s/ Zachary M. Zimmerer
Zachary M. Zimmerer
Assistant Attorney General
#066
Distributed to:
Dante’ Corvette Stone #204434
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