For purposes of this article the following words and phrases are defined as follows:
(a) "Alcohol" includes alcoholic beverages and any other intoxicating liquid that contains alcohol.
(b) "Class" means a group of positions or one position that requires similar duties, qualifications and levels of responsibility.
(c) "Class title" means a descriptive statement of the class specification. It shall be used on all personnel records and other actions.
(d) "Controlled substance" means a federally regulated substance listed in Exhibit A and/or Schedule I-V of the Controlled Substances Act (21 U.S.C. 812) and West Virginia Code 60A-2-201, et seq., (which may be amended from time to time), that when taken into the body may impair one's mental facilities and/or physical performance.
(e) "Conviction" means a finding of guilty (including a plea of nolo contendere), or the imposition of a sentence, or both, by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug statutes.
(f) "Criminal drug statute" means a criminal statute involving the manufacture, distribution, dispensation, use or possession of any controlled substance.
(g) "Demotion" means the assignment of an employee from one class to another class with a lower pay grade or lower maximum pay rate.
(h) "Department head or director" means a City official with the designated responsibility for the operation of a City department or office.
(i) "Disciplinary action" means the action taken to discipline an employee for just cause which may include any action from a verbal reprimand up to and including dismissal.
(j) "Drug-free workplace" means a worksite where work is performed in connection with the employee's employment. The "workplace" shall include facilities, property, buildings, offices, structures, automobiles, trucks, other vehicles and parking areas, whether owned or leased by the City.
(k) "Employee" means an individual who is legally employed by the City and is paid through the City payroll.
(l) "Illegal drug" includes any drug that is not legally obtainable and is being used in a manner or for a purpose other than as prescribed.
(m) "Layoff" means the involuntary separation of an employee because of lack of work, lack of funds or the abolishment of a position.
(n) "Position" means a group of currently assigned duties and responsibilities requiring the full or part-time employment of some person.
(o) "Promotion" means the assignment of an employee from one class to another, with a higher maximum rate of pay.
(p) "Re-employment" means the action by which an employee after resigning from the City's service is re-employed by the City under the same conditions as a new employee.
(q) "Separation" means the removal of an employee from the payroll for either voluntary or involuntary reasons, to include dismissal, resignation, layoff, retirement or death.
(r) "Transfer" means the assignment of an employee from one position to another in the same class or with the same maximum, except as otherwise provided in this Code.
(1970 Code Sec. 21.1-24, 46.14, 47, 56; Ord. 1776. Passed 5-7-92; Ord. 1833. Passed 11-18-93; Ord. 1908. Passed 2-20-97.)