Sussel v. City & County of Honolulu Civil Service Commission

OPINION OF THE COURT BY

NAKAMURA, J.

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 brought an appeal from an adverse action by his employing authority. Because an impartial tribunal is an…