Bill would restore some media access to HPD radio communications

The Honolulu City Council on Thursday will consider proposed legislation to force the Honolulu Police Department to restore limited
access to its radio communications to legitimate news media outlets.

In 2022, routine radio communications by Honolulu police and firefighters became off limits to news organizations and the general public when a $15 million system that encrypts the frequencies used by nine city departments went into effect.

The conversion from an analog system to a P25 Motorola digital system allowed the departments to talk to each other on a single channel and was part of a national move away from analog radio systems by county, state and federal agencies. The move was also intended to make operations quicker and more efficient by providing first responders with more bandwidth.

Since that time, elected leaders and professional journalists have pushed for greater public transparency in HPD’s 24/7 response to crimes and other emergencies on Oahu.

Introduced in May by Council Chair Tommy Waters and Council member Augie Tulba, Bill 46, if approved, would require HPD’s police chief to “adopt and implement a strategic plan and internal procedures for the timely release of public information to the media and the public.”

“The media and public’s timely access to emergency-­related information is
essential to keeping the comm­unity safe from dangerous situations such as active shooters, armed and dangerous individuals, and violent crimes,” the measure states. “In releasing such information, however, the HPD must consider the need to protect certain information due to confidentiality, privacy laws, ongoing police investigations, or security breach threats.”

“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 asserts. “The HPD’s provision of timely and accurate information assists in the prevention of misinformation spreading within the community, which can cause panic and public
distrust.”

As drafted, the bill would require the chief to “enter into a written agreement with local media outlets for the purpose of providing access to the Honolulu police department’s dispatch radio communications.” The police chief would also need to provide an annual report to the council on HPD’s media relations and personnel training.

But the bill dictates that not just anyone would receive HPD’s radio communication transmissions.

The news outlet, which must operate within the City &County of Honolulu, needs to hold a valid broadcast license issued by the Federal Communications Commission, or, pursuant to state law, be a recognized legal or public notice publication, the measure states.

Bill 46 also requires that a legitimate news outlet have “a verifiable track record of professional journalism, including the employment of full-time editorial staff, adherence to a publicly-posted code of journalistic ethics, and a history of continuous publication or broadcasting for at least 10 years.”

HPD Interim Chief Rade Vanic, who indicated initial support for the measure when it was first heard by the Council last month, has since backed away from that position.

“We believe in the importance of timely, accurate information and fully support efforts to keep our community informed,” Vanic said in a statement this week. “However, providing the
media with direct access to police radio dispatches presents serious concerns related to operational security, officer safety, and the risk of misinterpreting
real-time information.”

“For these reasons, we respectfully oppose Bill 46 in its current form and encourage the City Council to explore alternative solutions that uphold transparency while also safeguarding sensitive law enforcement communications,” he added.

But during the Council’s June 4 meeting, Vanic — still a deputy chief at the time, and prior to Chief Arthur “Joe” Logan’s departure — appeared receptive to Bill 46’s stated intent.

“We do understand and there’s a lot of (police) departments that have been able to figure it out,” Vanic told the Council. “I think as a department it behooves us to not take that for granted … and also be able to do something to figure it out as well. I think gone are the days where we can just rest on our laurels and say, ‘you know what, no,’ right?”

HPD, he added, had to “at least make a commitment to bring the right people to the table. Figure out what we can do. Maybe there’s a compromise.”

Although he stressed that keeping HPD’s radio system safe was “paramount,” Vanic said “we also have a job to keep the community safe.”

“And part of that is being able to allow the media access to our radio, because they provide critical information to the public when sometimes we cannot, and we understand that,” he added.

Ultimately, the Council voted 8-0, with Andria Tupola absent, to pass Bill 46 on the first of three readings.

The Mayor’s Office has since weighed in on the issue as well.

“Regarding access to HPD’s dispatch radio communications, Mayor Blangiardi — who spent 43 years in the television news industry — understands the concerns raised by the media and values public access,” Scott Humber, the mayor’s communications director, said this week. “At the same time, his top priority is ensuring HPD can do its job effectively while never compromising the safety of the men and women first responders who serve our community.”

“The mayor has made it clear that the decision to restore public access to radio communications resides principally with the Chief of Police, and he is confident HPD will make the appropriate decision in light of his concern for transparency as well,” Humber said.

Honolulu Star-Advertiser President and Publisher Dennis Francis submitted written testimony in support of Bill 46.

“Since February 2022 when this vital source of public information was silenced, Oahu residents have been cut off from timely news about crime, fires and other emergencies in their neighborhoods,” Francis said.

“The Star-Advertiser and other local news representatives have consistently advocated for a return to the media’s limited access to dispatch communication so that we can keep the public properly informed,” he said.

“To be clear, we are not asking for full access to emergency response communications,” Francis said. He cited a 2018 agreement between Las Vegas police and local media that allows limited access to encrypted emergency dispatch communication under tight controls.

“That agreement is still in place and serves as an example of how the news media and the city can work together for the good of the community,” he said.

The Hawaii Association of Broadcasters Inc. also strongly backs Bill 46.

“Scanners historically were open until agencies started going digital and closing off access,” Chris Leonard, HAB’s president, said. “And especially in newsrooms, whether it’s broadcast newsrooms or print newsrooms, the scanner traffic kind of acts as an early warning system for our communities.”

He added, “they also are
a heads up for our news
organizations that allow us to put people and resources in place to be prepared to
inform the public.”

“And that real time access to that scanner traffic gives us the ability to inform the public immediately when it’s urgent, and the lack of access to that takes away our ability to do that,” Leonard said. “So it’s a public safety issue for us.”

He noted security concerns over police officers’ personally identifiable information are “valid concerns” by law enforcement.

“But there’s ways around whether it’s some sort of credentialed access for vetted news organizations under user agreements or even tiered talk groups where (police) do tactical dispatch on different frequencies that are not available to us,” he said. “They can do the same thing with personally identifiable information.”

In his testimony, Francis said the stated concerns “ignore decades of responsible scanner use by the Honolulu Advertiser, Star-Bulletin and Star-Advertiser as well as local broadcast news organizations” prior to 2022.

But Roy Kuroda with HPD’s telecommunications division rejects the need for greater public access to police radio dispatches.

At the June 4 Council meeting, Kuroda said that personal information that surfaces during daily dispatch communications — such as names, Social Security numbers, dates of birth, juvenile information, suspects’ descriptions and incident details — should not be public.

“This information is restricted to vetted, trained personnel, with a demonstrated need to know,” he said.

The Council’s Public Safety Committee is scheduled to review Bill 46 on Thursday at 10 a.m. inside City Council Chambers at 530 S. King St.