23-ORD-102
May 1, 2023
In re: Quincy Bailey/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” under KRS 61.870(2).
Open Records Decision
On March 6, 2023, inmate Quincy Bailey (“Appellant”) requested copies of
certain messages sent by the Appellant to private individuals through the JPay email
service. The Complex denied the Appellant’s request on the grounds that the emails
were “[c]ommunications of a purely personal nature unrelated to any governmental
function” under KRS 61.878(1)(r).1 This appeal followed.
On appeal, the Complex claims the requested emails are not public records. In
20-ORD-109, this Office found 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 are not public records and the
Complex did not violate the Act when it denied the request.2
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
1
The Complex incorrectly cited this subsection as KRS 61.878(1)(p).
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).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
#146
Distribution:
Quincy Bailey, #161685
Amy V. Barker, Esq.
Ms. Lydia C. Kendrick
Ms. Ann Smith