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SUSSEL v. HONOLULU CIVIL SERVICE COM'N

Nos. 13430, 13484.

784 P.2d 867 (1989)

Malcolm A. SUSSEL, Plaintiff-Appellant, Cross-Appellee, v. CITY AND COUNTY OF HONOLULU CIVIL SERVICE COMMISSION; Hiroo "Woody" Miyagi, individually, and in his capacity as Chairman of the aforesaid Commission; Ernest Dias, individually, and in his capacity as a member of the aforesaid Commission; Beverly Nagy, individually, and in her capacity as a member of the aforesaid Commission; Isabel Tagala, individually, and in her capacity as a member of the aforesaid Commission; and Neil Silva, individually, and in his capacity as a member of the aforesaid Commission, Defendants-Appellees, Cross-Appellants.

Supreme Court of Hawaii.

December 19, 1989.

Attorney(s) appearing for the Case

Charles K.Y. Khim, Honolulu, for plaintiff-appellant, cross-appellee.

Jonathan Chun (Alice Fent, with him on answering brief), Deputies Corp. Counsel, Office of the Corp. Counsel, City & County of Honolulu, Honolulu, for defendants-appellees, cross-appellants.

Before LUM, C.J., and NAKAMURA, PADGETT, HAYASHI and WAKATSUKI, JJ.

NAKAMURA, Justice.

The question in this interlocutory appeal and cross-appeal from the Findings of Fact, Conclusions of Law, and Order Granting in Part and Denying in Part Plaintiff's Motion for Preliminary Injunction entered by the Circuit Court of the First Circuit is whether "actual bias" or "an appearance of impropriety" should be the test for disqualifying a member of the civil service commission whose impartiality has been challenged by the public employee who...

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