Honolulu City Council Moves to Restore Media Access to Police Radio

The Honolulu City Council has advanced legislation aimed at restoring limited access to police radio communications for legitimate news media outlets. This move, represented by Bill 46, reached its second reading on August 3, 2023. However, the Honolulu Police Department (HPD) has expressed significant concerns regarding the potential legal and operational implications of increased media access to real-time communications.

In 2022, a $15 million encryption system was implemented, which restricted routine police and firefighter radio communications from news organizations and the public. This shift from an analog system to a digital P25 Motorola system was part of a broader national transition among governmental agencies. As a result, various stakeholders, including elected officials and journalists, have called for enhanced public transparency regarding HPD activities.

The City Council’s Public Safety and Economy Committee passed Bill 46, which mandates the police chief to “adopt and implement a strategic plan and internal procedures for the timely release of public information.” According to the bill, timely dissemination of information is essential for maintaining public trust in governmental operations.

The proposed legislation stipulates that access to HPD’s dispatch communications would be granted only to legitimate news outlets. These outlets must hold a valid Federal Communications Commission broadcast license or meet specific criteria as recognized legal or public notice publications. Furthermore, the news organizations must demonstrate a verifiable track record of professional journalism, including adherence to a publicly-posted code of ethics and a history of continuous publication or broadcasting for at least ten years.

Despite the bill’s passage through the committee, HPD Interim Chief Rade Vanic has retracted his initial support for the proposal. During the Council meeting, he cited legal, operational, and ethical concerns associated with the bill. He emphasized that releasing real-time radio communications could violate state and federal privacy laws, as these communications often contain sensitive personal information, including names and medical conditions.

Vanic indicated that HPD is required to adhere to the Federal Bureau of Investigation’s Criminal Justice Information Services (CJIS) policies, which mandate the protection of personally identifiable information. He warned that failure to secure this information could result in federal sanctions against the city.

While HPD has committed to improving public information access through expanded communications efforts and a new media portal, Vanic suggested that the provision for a written agreement with local media should be removed from the bill for him to support it. During the discussions, he highlighted the department’s plans to enhance its social media presence and provide 24-hour service data to the public.

Media representatives voiced their support for Bill 46, emphasizing the difficulties faced since the loss of access to police radio communications. Kristina Lockwood, General Manager of KHON-TV, noted that the lack of real-time information has hindered media outlets’ ability to inform the public during critical incidents. She cited specific events, such as the evacuation due to a wildfire on July 6, that were not included in the information provided by HPD.

Meanwhile, Dennis Francis, President and Publisher of the Honolulu Star-Advertiser, submitted written testimony in favor of the bill. He referenced a successful agreement between Las Vegas police and local media that allows for controlled access to emergency dispatch communications, highlighting the potential for cooperation between law enforcement and the press.

The Hawaii Association of Broadcasters also supported the legislation, arguing that the closure of radio scanners delays critical alerts regarding emergencies, which could have life-threatening consequences. The association pointed out that other law enforcement agencies have adapted their communication strategies to ensure sensitive information remains secure while still providing necessary updates.

In response to concerns raised during the Council discussions, Council Chair Tommy Waters called for collaboration to address HPD’s legal apprehensions, particularly regarding compliance with CJIS rules. Waters expressed his commitment to working on these issues before the next public safety meeting.

As the legislation moves forward, the balance between public access to information and the protection of sensitive data remains a critical focal point for both the City Council and the Honolulu Police Department.