Donevant v. Town of Surfside Beach
Donevant v. Town of Surfside Beach
Opinion
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The court of appeals affirmed a jury verdict for Jacklyn Donevant in her wrongful termination action against the Town of Surfside Beach, finding her cause of action fit within the public policy exception to the at-will
*745
employment doctrine.
Donevant v. Town of Surfside Beach
,
The court of appeals set forth the facts of the case in detail.
The South Carolina Building Codes Council
1
is responsible for adopting the building code that applies throughout the state.
See
The building code requires anyone "who intends to construct, enlarge, alter, [or] repair ... a building ... shall first ... obtain the required permit." Int'l Bldg. Code § 105.1. The building code further provides, "It shall be unlawful for any person ... to erect, construct, alter, ... [or] repair ... any building ... in conflict with or in violation of any of the provisions of this code." Int'l Bldg. Code § 113.1. Donevant discovered unpermitted construction work she determined to be in violation of the building code, and she issued a stop work order. 3 She was fired a few days later.
Our Legislature established the general public policy of enforcing the building code in subsection 6-9-5(A) of the South Carolina Code (Supp. 2017), which provides, "The public policy of South Carolina is to maintain reasonable standards of construction in buildings and other structures in the State consistent with the public health, safety, and welfare of its citizens." The Legislature set forth the specific requirements of that policy by requiring every municipality to enforce the building code. § 6-9-10(A). As the Town's building official, Donevant was charged by State and local law to carry out this policy.
See supra
, discussion of
As we read this record and the court of appeals' opinion, Donevant was fired because she carried out her mandatory
**267
responsibility under the law to enforce the provisions of the building code. The jury charge and the closing arguments are not in the record, which prevents us from determining the precise factual question the trial court put before the jury. However, during oral argument at the court of appeals, "the Town conceded that the reason Donevant was fired is not an issue on appeal."
Donevant
,
The Town makes several arguments to support its contention the court of appeals' decision expands the public policy exception, each of which we find the court of appeals effectively refuted. We address in particular only one of those arguments-the argument Donevant's claim does not fit within the public policy exception because her decision to issue a stop work order was discretionary under
Antley v. Shepherd
,
We do not read the court of appeals' opinion to be in conflict with
Antley
. Distinguishing
Antley
from this case, the court of appeals explained that "unlike
Antley
, where the statutes
**268
'permitted but did not require' the tax assessor to take action, the statutory and building code provisions at issue here
required
Donevant's actions of enforcing compliance with the building code."
The court of appeals' decision is AFFIRMED .
BEATTY, C.J., KITTREDGE, JAMES, JJ., and Acting Justice Donald Bruce Hocker, concur.
The Council is an agency within the South Carolina Department of Labor, Licensing, and Regulation.
Although municipalities are not required to adopt Chapter 1, see § 6-9-50(A), the Town chose to do so. See Surfside Beach, S.C., Ordinance No. 08-0641 (July 8, 2008) (adopting Chapters 1 through 35 of the 2006 Int'l Bldg. Code).
A stop work order is an official document signed by the building official that requires all construction at the site to cease. Int'l Bldg. Code §§ 114.1-114.3.
The court of appeals stated "to carry out her legal duty to 'enforce compliance' with the building code, Donevant issued a stop-work order as she was required to do by law,"
Reference
- Full Case Name
- Jacklyn DONEVANT, Respondent, v. TOWN OF SURFSIDE BEACH, Petitioner.
- Cited By
- 3 cases
- Status
- Published