23-ORD-085
April 13, 2023
In re: Carlos Thurman/Green River Correctional Complex
Summary: The Green River Correctional Complex (“the Complex”) did
not violate the Open Records Act (“the Act”) when it denied a request for
JPay emails exchanged between private parties because such records
are not public records.
Open Records Decision
On March 13, 2023, inmate Carlos Thurman (“Appellant”) requested copies of
certain messages and attachments sent to the Appellant by two private individuals
through the JPay email service. The Complex denied the Appellant’s request on the
grounds that “[p]ersonal emails and photos are communications of a purely personal
nature unrelated to any governmental function and a copy does not have to be
provided.”1 This appeal followed.
In 20-ORD-109, a courtesy copy of which is enclosed, this Office found that
JPay emails exchanged between inmates and private parties generally are not “public
records” under KRS 61.870(2). Here, as in 20-ORD-109, there is no indication in the
record that the requested emails 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 messages and attachments are not public records and the Complex did not
violate the Act when it denied the request.2
1
The Complex cited KRS 61.878(1)(p) in its response. However, the relevant exception under the
Act is currently codified at KRS 61.878(1)(r).
2
Because the Appellant did not request copies of public records, it is unnecessary to consider the
Complex’s alternative argument that the records are exempt under KRS 61.878(1)(r) as
“[c]ommunications of a purely personal nature unrelated to any governmental function.”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 emailed to OAGAppeals@ky.gov.
Daniel Cameron
Attorney General
s/ James M. Herrick
James M. Herrick
Assistant Attorney General
#129
Distribution:
Carlos Thurman, #112192
Edward Baylous, Esq.
Ms. Lydia C. Kendrick
Ms. Ann Smith