Term and Position of the Beigeordneter in German Municipal Law
The term Beigeordneter refers in Germany to a municipal elected official and is a central component of the organizational structure of cities, municipalities, and districts. The exact legal structure, function, as well as the election and service modalities of Beigeordnete are essentially governed by the municipal constitutions (municipal codes, district codes) of the German states. The Beigeordneter acts as a supportive administrative body of the municipal leadership, especially in cities and districts with a so-called main statute.
Legal Foundations
Municipal Constitutions of the States
The rules on appointment, duties, and rights of Beigeordnete are recorded in the respective municipal and district codes of the German states (e.g., §§ 71 ff. GO NRW, Art. 39 ff. BayGO, §§ 49 ff. KVG BW, § 53 LKO NRW). Furthermore, detailed regulations are enacted in the municipal main statutes. There are thus no unified federal legal foundations; rather, state-specific arrangements prevail.
Main Statute and Organization
Municipalities with multi-layered administrations, especially independent cities and larger districts, regulate the number, responsibilities, official titles, and selection procedures of the Beigeordnete in their main statute; their appointment is largely based on municipal self-government. The main statute determines for which departments or offices the Beigeordnete are responsible.
Legal Status and Duties
Function within the Municipality
The Beigeordneter is a temporary civil servant, with their own management responsibility for delineated administrative areas (departments), for example, construction, social affairs, finance, education, or public order. They are the permanent representative of the mayor, lord mayor, or district administrator within their area of responsibility. Beigeordnete are regularly members of the management board (executive board of the city administration). In independent cities and districts, the Beigeordneter is often entrusted with the independent management of business divisions.
Legal Status as Elected Official
Beigeordnete are not political officials in the strict sense but are municipal officials elected for a fixed term with special tasks. Their legal status is anchored in civil service law. They are appointed either full-time or, especially in smaller municipalities, on an honorary basis.
Representation Regulation
As a rule, the First Beigeordneter is the permanent general representative of the mayor or lord mayor/district administrator. Further Beigeordnete may act as representatives of additional departments. Details regarding representation are outlined in the respective main statute as well as in the municipal organizational regulations.
Election, Term of Office, and Dismissal
Election Procedure
The election of the Beigeordnete is carried out by the competent municipal representative body (council, district council) in a public session. The procedures are stipulated in the municipal codes and are often multi-stage: after an announcement and, where applicable, a pre-selection, the Beigeordneter is elected by absolute majority of the committee members in a secret ballot. The elected persons must possess the necessary qualifications and meet the prerequisites for the office.
Term of Office
The term of office is generally eight years, depending on the regulations specific to each federal state. Re-election is permitted; the number of terms is often not limited. In certain cases, municipal law provides for special regulations (e.g., age limits).
Dismissal and Premature Termination
Statutory regulations exist for the premature termination of office (e.g., through dismissal, resignation, or entry into retirement). A dismissal usually requires qualified majorities in the council or district council and can only occur for an important reason. The legal consequences arise from civil service law provisions and the respective municipal codes.
Rights, Duties, and Responsibilities
Management and Directive Authorities
Beigeordnete have direct management authority within their departments and are the superiors of the employees reporting to them. There is a professional and official subordination to the main administrative official (e.g., mayor); nevertheless, they have areas of independent responsibility.
Participation in Political Committees
Beigeordnete participate—depending on the state law—advisory or with voting rights in meetings of the council or district council and its committees. They are obliged to provide the committees with information regarding their area of responsibility.
Employment Relationship and Remuneration
The office of the Beigeordneter is associated with the conferral of a temporary municipal elected official position. Remuneration is determined by the relevant civil service law provisions and—depending on the size of office, population, and state law—is usually based on the pay grades for senior administrative officers (normally salary scale B).
Beigeordnete Compared to Other Municipal Offices
Distinction from Honorary Officials and Honorary Beigeordnete
In small municipalities there are often honorary Beigeordnete (secondary office) who possess significantly fewer powers and generally only act as representatives if the mayor is indisposed. Full-time Beigeordnete head their own departments and are strongly involved in administrative activities.
Difference from the Stadtdirektor and Department Heads
The Stadtdirektor (formerly known in some states, e.g., NRW) was replaced by the Beigeordnete. Department heads as heads of specialist departments are, depending on state law, legally identical to or subordinate to the office of Beigeordneter. The designation can thus be used synonymously or with distinction.
Overview of Significance and Development
The institution of the Beigeordneter is based on the Prussian Municipal Code of 1856 and has since evolved within the municipal constitutions. The role and number of Beigeordnete reflect the organizational demands of modern municipal administrations, since they help share and decentralize administrative leadership.
Literature and Case Law
Important literature references can be found in leading commentaries on the municipal codes of the states, handbooks on municipal law, as well as decisions of the state administrative courts dealing with the rights and duties of Beigeordnete.
Conclusion
The Beigeordneter is a key body of municipal administration in Germany, with a specifically defined status, job profile, and rights. Its legal status is essentially shaped and differentiated by state law. Beigeordnete make a significant contribution to the organizational and representative leadership within municipalities and ensure the division of labor and efficiency in municipal administration.
Frequently Asked Questions
How does the election or appointment of a Beigeordneter proceed from a legal standpoint?
The election or appointment of a Beigeordneter is governed by the respective municipal legal regulations of the relevant federal state, as municipal law in Germany is state law. Typically, the election is conducted by the council of the respective municipality or city in a public session. The number of Beigeordnete, the election procedure, the prerequisites, and any participation rights are regulated by the respective municipal code or main statute. Usually, a Beigeordneter is elected for a fixed term of office, which generally lasts six to eight years. The election is regularly conducted by secret ballot, unless the applicable state law expressly provides otherwise. A qualified majority is often required for election. There are also special rules regarding eligibility, for instance with respect to personal suitability or existing employment relationships. After a successful election, the appointment occurs through presentation of the certificate of appointment, often combined with an oath of office.
What legal powers and responsibilities does a Beigeordneter have?
The legal powers and responsibilities of a Beigeordneter are essentially determined by the municipal code and the main statute of the municipality. Beigeordnete are often full-time members of the management board and carry out duties under their own authority or on behalf of the mayor. They are regularly assigned specific business areas (for example, finance, construction, social affairs) for which they bear responsibility. Legally, they are obliged to lawfully implement council resolutions and to independently manage their department. They represent the administration to the council and submit regular reports. The distribution of duties and decision-making powers are regulated within the management board or by allocation of responsibilities plans.
Are there any legal restrictions or prerequisites for the re-election of a Beigeordneter?
Yes, the re-election of a Beigeordneter is legally permissible provided no specific reasons for exclusion exist, but in some state laws and main statutes there are additional requirements. In many federal states, re-election before the expiration of the regular term is not possible except for special reasons (such as a resignation). In addition, there may be a maximum number of terms or an age limit for a new appointment, exceeding which precludes re-election. Furthermore, the municipal council may set further restrictions for re-election in its main statute. This serves to preserve neutrality and avoid dependencies within the administrative apparatus.
What legal foundations regulate the dismissal of a Beigeordneter?
The dismissal of a Beigeordneter is legally regulated, particularly in the respective municipal code. Here, the reasons for premature dismissal (e.g., gross breach of duty, permanent incapacity for service) and the procedure are specified in detail. Usually, a qualified majority in the council is required for dismissal, often a two-thirds majority. Furthermore, the Beigeordneter must be granted a legal hearing, as dismissal constitutes a burdensome administrative act. Dismissal proceedings are also subject to strict formal and substantive requirements to prevent arbitrariness. The legal consequences of dismissal, such as claims to pension benefits, are also governed by the relevant civil service or tariff provisions.
What liability consequences may Beigeordnete face in the event of official misconduct?
Beigeordnete, like other office holders, are subject to special liability within the scope of their official duties. According to municipal law and civil service law, they are generally not directly liable to third parties; rather, the municipality is primarily responsible for official errors (official liability). However, in cases of gross negligence or intent, the municipality may seek recourse against the Beigeordneter (§ 48 BeamtStG or equivalent provisions of the state civil service laws). In cases of criminally relevant breaches of official duty, such as embezzlement or bribery, criminal consequences are also possible. Within their duties, Beigeordnete may receive directives; compliance with or refusal to follow such directives may also be relevant to liability.
To what extent does a confidentiality obligation exist for Beigeordnete in the legal sense?
Beigeordnete are subject by law to a comprehensive confidentiality obligation regarding all matters that have become known to them in the exercise of their office (§ 37 BeamtStG or corresponding provisions of state law). The confidentiality obligation particularly covers personal data, protected business and trade secrets, and all non-public proceedings in the council, administration, or committees. This obligation continues after the end of the term of office. Exemption from this obligation can only be granted by explicit legal permission or possibly upon application by the competent authority. Unjustified disclosure may lead to disciplinary, civil, and, where applicable, criminal consequences.
