Kadis, Rachel v. Kingston, Town of - Police Department (SPR 20261279)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 15, 2026 SPR26/1279 Det. Lt. Michael Skowyra Special Operations Commander Kingston Police Department 244 Main Street Kingston, MA 02364 Dear Det. Lt. Skowyra: I have received the petition of Rachel Kadis appealing the response of the Kingston Police Department (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 24, 2026, Ms. Kadis requested: …all public records maintained by the Kingston Police Department involving [an identified individual] specifically related to events occurring on February 24, 2026. This request includes, but is not limited to:  Police Incident Report  Arrest Reports and Booking Logs  Dispatch/911 Call Logs and Audio Recordings  Officer Narrative Reports  Witness Statements  Any available body-worn or dashboard camera footage[.] The Department responded on April 7, 2026. Unsatisfied with the Department’s response, Ms. Kadis petitioned this office and this appeal, SPR26/1279, was opened as a result. While this appeal was pending, the Department provided a further response on April 8, 2026. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency or One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832 • Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Det. Lt. Michael Skowyra SPR26/1279 Page 2 April 15, 2026 municipality of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. If there are any fees associated with a response, a written, good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. The Department’s April 7th and April 8th Responses In its April 7, 2026 response, the Department cited Exemption (f) of the Public Records Law to withhold several identified responsive records, and stated, “[t]he records in question are all pertinent to an on-going criminal case, Commonwealth v. Chad Kadis (Plymouth District Court Dkt: 2659CR000334) which remains an on-going court matter and has not yet gone to trial.” In its April 8, 2026 response, the Department provided this office with copies of additional correspondence with Ms. Kadis, and reiterated its claims under Exemption (f). Current Appeal In her appeal petition, Ms. Kadis argued: …the Agency’s reliance on Exemption (f) appears overly broad… Here, the denial appears to rely on generalized assertions about an “ongoing” matter without identifying with sufficient detail which records are being withheld, which portions are allegedly exempt, and how the cited exemption applies to each withheld portion… The Agency’s denial, as written, does not explain why the requested records themselves are the subjects of such a dispute, as opposed to merely relating to a criminal case that is pending in court. Pending Litigation 950 C.M.R. 32.08(2)(b) provides in pertinent part: the Supervisor may deny an appeal for, among other reasons if, in the opinion of the Supervisor:

Det. Lt. Michael Skowyra SPR26/1279 Page 3 April 15, 2026 1. the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. This office has reviewed the docket of the trial court and verified that the requested records are related to active and ongoing litigation in Plymouth District Court. See Commonwealth v. Kadis, (Plymouth District Court Docket No. 2659CR000334). In light of the pending litigation, I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b). Additionally, I decline to opine on the applicability of Exemption (f) of the Public Records Law to the requested records. Please note that a change in the status of this action could impact the applicability of 950 C.M.R. 32.08(2)(b). Sincerely, Manza Arthur Supervisor of Records cc: Rachel Kadis