IN THE SUPERIOR COURT OF CHATHAM COUNTY STATE OF GEORGIA CHRISTOPHER SHELNUIT; FRED S. ALLEN; BARRY R. ARNOLD JR.

; JOSEPH F. BANDY III; ROBERT BARKSDALE; WILLIAM P. BARRETT JR.; KEN BETHUNE; JAMES B. BLAND; GLENN W. BRANTLEY JR.; JACK R. BRIDGEN II; ORONN BROWN; LEWIS C. BUTLER; CHARLES CAMPBELL; SAM COPPOLA; KEVAN 0. CARTER; ROBERT CRIBB; MICHAEL DAVIS; THOMAS J. DENT; MICHAEL DICK; VERNON EATON; STEVEN L. FLOYD; JEFFREY E. GOLDMAN JR.; WILLIAM S. GOOLSBY; IRA W. HARPER JR.; JOHN HINLEY; MARION P. HOWARD III; ROY HOWARD; WILLIAM S. HOWARD JR.; HAYWANT C. JOHNSON JR.; THOMAS W. LEIGHTY; MICHAEL MARTIN; JACK R. McCUTCHEN JR.; MICHAEL J. METIVIER; OWEN J. MONROE; IRVING NICHOLS; ANDRAS OLISER; CHARLES L. PEEK JR.; DANIEL PRIDGEON; JEREMY L. RALSTON; JOSEPH T. SHAW; KEITH A. SISCO; MICHAEL J. TAYLOR; JONATHAN L. THOMAS;

) CIVIL ACTION NO.

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MARVIN THOMAS; MICHAEL VANDERCOOK; PETER J. WALKER; CURTIS WASDIN; STEPHEN WAUGH; KYLE WEAVER; MICHAEL A. WHITE; ) Plaintiffs, vs, THE CITY OF SAVANNAH, GEORGIA; STEPHANIE CU i I ER, as the City Manager of the City of Savannah, Defendants.

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VERIFIED CLASS ACTION COMPLAINT COME NOW, Plaintiffs Christopher Shelnutt et al., individually and on behalf of all other similarly situated employees of the City of Savannah Bureau of Fire and Emergency Services, and file this Complaint against the Defendant City based on the allegations set forth below. JURISDICTION AND VENUE

The Defendant CITY OF SAVANNAH (the "City") is a duly incorporated municipality located primarily in Chatham County, Georgia. The City is subject to the jurisdiction of this court, and may be served with this Complaint and Summons via hand delivery to Mayor Edna B. Jackson.

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2. Stephanie Cutter is the City Manager of the City of Savannah and has authority and obligation to publish, promulgate, and enforce the City of Savannah Human Resources Policy Manual. She can be served with process at 2 East Bay Street, Savannah, GA 31402. 3. The Court has general subject matter jurisdiction over claims for legal redress of this kind and nature and personal jurisdiction over the City. 4. Venue is proper in Chatham County.
PARTIES

5. Plaintiffs Christopher Shelnutt, et al., are employed by the City and assigned to its Bureau of Fire and Emergency Services as either non-exempt or exempt supervisors. FACTS 6. Pay increases of Savannah Fire and Emergency Services Bureau non-exempt and exempt supervisors is subject to, and controlled by, the City of Savannah's Human Resources Policy Manual. A true and accurate copy of the Savannah Human Resources Policy Manual is attached as Exhibit 1. 7. The purpose of Savannah Human Resources Policy Manual is to, "establish and maintain policies that are fair and consistent with applicable federal, state, and other laws

governing pay." 8. The City of Savannah maintains records of each employee's wages and other information as required by the State of Georgia Records Retention Schedule and FLSA. 9. Savannah Human Resources Policy Number HR-010, III, C.1.c. in relevant part states that, "The promotional pay of an employee promoted to a non-exempt or exempt supervisory position must be a minimum 5% above the highest paid employee in the department to be supervised..."
10. All of the Plaintiffs are non-exempt or exempt supervisors within the City of

Savannah Fire & Emergency Services Bureau. 11. Despite Savannah Human Resources Policy Manual Number, there are numerous Savannah Fire & Emergency Services uniformed firefighting subordinate employees whose annual salary is higher than their non-exempt or exempt supervisors. 12. Upon information and belief, by way of example, as of the Savannah Fire & Emergency Services pay plan dated July 1, 2008: (1) Employee #2564, Master Firefighter Gene Linton's annual salary is $56,844.26; and (2) Employee #239, Master Firefighter Jobe Gutierrez's annual salary is $58,000.00. 13. Upon information and belief, none of the Plaintiffs annual salary is 5% higher -4-

than either Master Firefighter Linton or Master Firefighter Gutierrez annual salary. 14. Plaintiffs are not property compensated because the City Manager, or her designees, ignore applicable law and policy by failing to ensure that the City of Savannah Human Resources Policy Manual is applied and enforced. 15. Rather than basing pay decisions on the City of Savannah Human Resources Policy Manual, the City Manager, or her designees, determines pay based on personal favoritism and bias.
CLASS ACTION ALLEGATION

16. This case is brought as a class action under 0.C.GA. 9-11-23. Plaintiffs seek relief for the entire Class. The Class consists of all Savannah Bureau of Fire and Emergency Services Fire Captains, excluding those Fire Captains not listed as Plaintiffs. 17. Membership in the Class is believed to be approximately fifty (50) people and is so numerous that separate joinder of each member is impracticable.
18.

There are questions of law and fact common to Plaintiffs and all Class Members, including but not limited to the extent to which the Savannah Human Resources pay policy is disregarded or avoided; the impact of disregarding the pay policy on the Class Members; whether disregarding the pay policy requirements gives rise to the claims asserted in this Complaint; and what remedies should be provided in the event the pay -5-

policy is properly applied to the Class Members.

19. The named Plaintiffs are members of the Class described herein and their claims are typical of the claims of the Class, and Plaintiffs have no interest adverse to the
interests of other Class Members.

20. Plaintiffs will fairly and adequately protect the interests of the Class. Plaintiffs are vitally interested in a having the Savannah Human Resources pay policy properly applied to the Class Members. They are represented by counsel experienced and
competent in the prosecution of complex litigation.

21. This action fully satisfied the conditions set forth in OCGA 9-11-2 X IXA), 9-11-23(b)(1X13), 9-11-23 (bX2) and 9-11-23 (bX3).

COUNT 1 VIOLATION OF STATUTORY OBLIGATION

22. Pursuant to enabling legislation of the State of Georgia, the City adopted and maintains a Civil Service System and Human Resources Policy Manual as a part of the City's Charter, Code of Ordinances at all times relevant to this action. 23. Savannah Fire & Emergency Services Fire Captains all serve in the "classified service" as that term is defined under the Savannah Code of Ordinances, 3-305 and are

either non-exempt or exempt supervisors.

24. Plaintiffs are statutorily entitled to a pay system, which is based solely upon merit and fitness and the City of Savannah Human Resources Policy Manual.
25.

Defendants failed to comply with the City of Savannah Human Resources Policy
Manual by failing to properly compensate Plaintiffs promoted to non-exempt or exempt supervisory positions 5% more than their subordinates. The Defendants thus breached

their statutory obligation to Plaintiffs. COUNT H. BREACH OF CONTRACT 26. The foregoing provisions in the law and the City of Savannah Human Resources Policy Manual constitute a part of Plaintiffs' contracts of employment with the City. 27. By failing to comply with the City of Savannah Human Resources Policy Manual by failing to properly compensate Plaintiffs, the City has breached its contractual obligation to Plaintiffs. Plaintiffs are contractually entitled to a pay system, which comports to the City of Savannah Human Resources Policy Manual. COUNT 111 VIOLATION OF EQUAL PROTECTION 28. Article I, Sec. 1, Paragraph H of the Constitution of the State of Georgia provides that "Protection of person and property is the paramount duty of government and shall be -7-

impartial and complete. No person shall be denied the equal protection of the laws." 29.

By failing to verify the accuracy of Plaintiffs pay or by ignoring the City of Savannah Human Resources Policy Manual, the City failed to act impartially, to the
detriment of the Plaintiffs.

30. There was no rational basis for the City's favoritism. 31. The City's acts, as outlined herein, are inconsistent with principles of equal protection and violate Article I, Sec. 1, Paragraph II of the Constitution of the State of Georgia.

COUNT IV ATTORNEYS FEES

32. The acts of City officials set forth herein were undertaken in bad faith for the purpose of benefitting persons favorable to the City Manager, thus authorizing an award of reasonable attorneys fees and expenses to Plaintiffs pursuant to OCGA 13-6-11. WHEREFORE, Plaintiffs prays that this Court award Plaintiffs the following

(a)

Award each Plaintiff and class member back wages from the date on which was promoted to either an exempt or non-exempt supervisory position to the present;

(b)

Order the City Manager to enforce Human Resources Policy Number HR-8-

010,111, C.1 .c. (c) Award Plaintiffs and the Class Members their reasonable attorneys fees and expenses; and (d) Grant such additional and further relief as this Court deems just and proper. This 31 day of March, 2014.

John D. Ilafemann (Ga Bar No. )

6i4
219 Scott Street, PMB 315 Beaufort, South Carolina 29902-5554 Telephone: 855.645.5878 Fax: 843.645.6530

/314-K_ 3.21- / 502

Attorney for

Plaintiffs

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RIFICATION
I, Christopher Shelnutt, make this verification under oath and state that I am one Of the Plaintiffs in this matter, that I have read the foregoing Verified Class Action Complaint and that I hereby verify that the allegations of fact contained in said Complaint

are true and corre

This / day of ril /1(1C )

, 2014.

Christo pher Shelnutt

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