SUSSEL v. CIVIL SERVICE COM'N

No. 16424.

851 P.2d 311 (1993)

Malcolm A. SUSSEL, Appellant-Appellee, v. CIVIL SERVICE COMMISSION OF the CITY AND COUNTY OF HONOLULU; Hiroo W. Miyagi; Ernest K. Tacazon; Patricia K. Salsbury; and Isabel M. Tagala, individually, and in their capacities as Commission Members of the Civil Service Commission of the City and County of Honolulu, Appellees, and Frank F. Fasi, Mayor, Appellee-Appellant, and D.G. Anderson, Managing Director; George Kekuna, Managing Director's Office; and Loretta K. Fukuda, Director of Civil Service, Additional Appellees.

Supreme Court of Hawaii.

Reconsideration Denied May 26, 1993.


Attorney(s) appearing for the Case

Steven M. Nakashima (Ann-Marie McKittrick and Natalie S. Hiu of Goodsill, Anderson, Quinn & Stifel, and William C. McCorriston of McCorriston, Miho & Miller, with him on the briefs), Honolulu, for appellee-appellant Frank F. Fasi.

Dennis W. King (William J. Deeley, with him on the briefs), Honolulu, for appellant-appellee Malcolm A. Sussel.

Paul Devens and Caron M. Inagaki of Devens, Lo, Youth, Nakano & Saito, on the briefs, Honolulu, for City and County of Honolulu.

Before MOON, C.J., LEVINSON and NAKAYAMA, JJ., BURNS, Intermediate Court of Appeals Chief Judge, in place of KLEIN, J., recused, and SPENCER, Circuit Judge, assigned by reason of vacancy.


MOON, Chief Justice.

In 1985, appellant-appellee Malcolm A. Sussel (Sussel), former administrator of the Oahu Civil Defense Agency (OCDA)1 of the City and County of Honolulu (City), appealed what he claimed was his illegal demotion to the State Civil Service Commission (Commission). In 1991, the Commission ruled that Sussel had not been demoted, and Sussel subsequently appealed that decision to...

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