Honolulu Council Moves to Restore Limited 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. The proposal, known as Bill 46, moved to a second reading on August 6, 2023, but has drawn caution from the Honolulu Police Department (HPD) regarding potential legal implications.

In 2022, the HPD and other city departments transitioned to a secure communication system that encrypts radio frequencies, rendering routine police and firefighter communications inaccessible to the public and news organizations. This change was part of a broader shift among law enforcement agencies nationwide to enhance security by adopting digital radio systems.

Elected officials and journalists have since advocated for greater transparency in HPD’s operations, particularly concerning crime response and emergencies on Oahu. Bill 46, introduced by Council Chair Tommy Waters and Council member Augie Tulba, seeks to mandate the HPD police chief to develop a strategic plan for the timely release of public information.

“The City Council finds that the release of public information by government agencies in a consistent, impartial, accurate, and timely manner is critical to maintaining the public’s trust in government operations,” the bill states. It requires the police chief to enter into a formal agreement with local media outlets, ensuring only qualified news organizations gain access to dispatch communications.

The measure outlines specific criteria for news outlets seeking access, including a valid broadcast license from the Federal Communications Commission and a verifiable history of professional journalism spanning at least ten years.

Despite the bill’s progress, HPD Interim Chief Rade Vanic has expressed strong opposition to its current form, citing serious legal, operational, and ethical concerns. Initially supportive, Chief Vanic changed his stance after discussions regarding similar policies in other jurisdictions.

“We understand and appreciate the intent of this bill to provide timely information to the public and enhance public safety,” Vanic stated, “but as currently written, Bill 46 presents serious legal issues that we cannot overlook.” He emphasized that releasing sensitive personal information during real-time communications could contravene state privacy laws and federal regulations.

Vanic further noted that the HPD is bound by the FBI’s Criminal Justice Information Services (CJIS) policies, which mandate the protection of personally identifiable information. Violating these standards could result in severe federal sanctions, including the potential loss of access to critical communication systems.

During the Council meeting, media representatives voiced their support for Bill 46. KHON-TV General Manager Kristina Lockwood commented on the challenges faced by news organizations without real-time access to police communications, highlighting that critical incidents often go unreported due to the lack of timely information.

The Honolulu Star-Advertiser President and Publisher Dennis Francis also submitted written testimony in favor of the bill, referencing a successful agreement between Las Vegas police and local media that allows limited access to encrypted communications under strict controls.

The Hawaii Association of Broadcasters, representing over 100 media outlets statewide, echoed these sentiments, stressing that delays in public alerts about emergencies can have dire consequences.

As discussions continue, Chair Waters has committed to working with the HPD to address concerns regarding compliance with CJIS regulations and state laws, aiming to ensure that Bill 46 can effectively balance public safety and the right to information.

The full Council is expected to review the measure again soon, as the call for transparency in law enforcement communications remains a pressing issue in the community.