22-ORD-199
September 29, 2022
In re: Anthony Sadler/Little Sandy Correctional Complex
Summary: The Little Sandy Correctional Complex (“the Complex”) did
not violate the Open Records Act (“the Act”) when it did not provide
copies of e-mails to which it does not have access.
Open Records Decision
On August 29, 2022, inmate Anthony Sadler (“Appellant”) asked the Complex
to provide copies of four e-mails sent to the Appellant from the deputy warden of
Northpoint Training center in July and September 2020 through the JPay electronic
messaging system. In a timely response, the Complex stated that it could not access
the messages because it could only retrieve JPay messages for the preceding six
months and there were no copies of the messages in the Appellant’s inmate file.1 This
appeal followed.
JPay is a contractor that facilitates e-mail correspondence with inmates at
Kentucky’s correctional facilities. While inmates’ e-mails from private persons on the
JPay system are generally not considered public records, correspondence from
correctional staff is a public record under KRS 61.870(2) because it is used by a public
agency. See 20-ORD-109. On appeal, the Complex reiterates that it cannot access
JPay messages older than six months and the Appellant has requested messages
exchanged two years ago. The Complex also states it does not have access to messages
from staff at other institutions, such as Northpoint Training Center.
A public agency “is responsible only for those records within its own custody or
control.” City of Ft. Thomas v. Cincinnati Enquirer, 406 S.W.3d 842, 856 (Ky. 2013)
(citing Kissinger v. Reporters Committee for Freedom of the Press, 445 U.S. 136
1
Although the Complex’s response stated that it “does possess the requested records,” the Complex
has clarified on appeal that it should have stated it “does not possess the requested records.”(1980)). Once a public agency states affirmatively that it does not possess any
responsive records, the burden shifts to the requester to present a prima facie case
that it does possess the requested records. See Bowling v. Lexington-Fayette Urb.
Cnty. Gov., 172 S.W.3d 333, 341 (Ky. 2005).
The Appellant asserts that he previously viewed the messages at Northpoint
Training Center and can currently view them on his own JPay account. However, this
is not sufficient to establish a prima facie case that the Complex can access the
messages. This Office has recognized that a correctional institution does not violate
the Act when it does not produce JPay materials to which it does not have access. See,
e.g., 18-ORD-217. Accordingly, the Complex did not violate the Act.
A party aggrieved by this decision may appeal it by initiating action in the
appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882 within 30 days
from the date of this decision. Pursuant to 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 e-mailed to OAGAppeals@ky.gov.
Daniel Cameron
Attorney General
s/James M. Herrick
James M. Herrick
Assistant Attorney General
#330
Distributed to:
Anthony Sadler, #151598
Amy V. Barker, Esq.
Ms. Beth Harper