Term and legal status of the City Director
The term “Stadtdirektor” (City Director) refers to a municipal leadership position that occupies a special status in German administrative law. The City Director—depending on state law—is in charge of the administration of a city in municipalities with a full-time administrative head, either alongside or subordinate to the Mayor. The exact structure, responsibilities, legal status, and appointment procedures are set out in the municipal constitutions of the federal states, particularly in the municipal codes and the respective statutes of the cities.
Legal sources and term development
State law foundations
The legal status of the City Director is not uniformly regulated nationwide but is subject to state law provisions. In some states, for example North Rhine-Westphalia, the office is historically particularly significant. The main legal sources are usually:
- the respective municipal code (e.g., GO NRW),
- specific laws for larger district-affiliated cities and district-free cities,
- supplementary provisions in the city’s statute.
Local constitutions have undergone fundamental changes in recent decades, so that the function of the City Director was traditionally pronounced primarily in large cities of North Rhine-Westphalia and, as a result of administrative reforms, has been partially abolished or modified.
Historical development
Until the 1990s, the so-called “dual management system” was widespread in many cities in North Rhine-Westphalia and parts of Lower Saxony. Thus, alongside the (Lord) Mayor directly elected by citizens, there was a full-time City Director appointed by the Council as head of administration. With the entry into force of new municipal codes, many municipalities were converted to a “single-track model” where the Mayor is also the head of administration. In certain cities, however, the position of City Director is retained, e.g., as a civil servant appointed for a fixed term.
Tasks and responsibilities of the City Director
Fundamental function
The City Director is responsible for managing the city administration in accordance with applicable local government regulations and the principles adopted by the Council. The key tasks include:
- preparing and implementing Council resolutions,
- managing and organizing the administration,
- undertaking the so-called day-to-day administrative business,
- representing the city in legal matters, to the extent that this is not reserved for the (Lord) Mayor.
Distinction from the Mayor
While the Mayor assumes representative, political, and often also chairing functions in the Council, the City Director is responsible for operational administrative actions. In contrast to the Mayor, who is legitimized by direct election, the City Director is appointed by a Council resolution and has his own departmental authority.
Official distribution of duties
The concrete allocation of tasks arises from the city’s rules of procedure. Often, the distribution of responsibilities between City Director and Mayor is governed by the main statute or individual decisions of the Council. In cities with a strong Council constitution, the City Director may act as an independent administrative head. Under certain circumstances, he may also perform the duties of the general deputy to the Mayor.
Appointment, term of office, and termination of service
Selection and appointment process
The City Director is appointed by the City Council. Appointment usually occurs by election requiring a qualified majority for a specified term of office. In North Rhine-Westphalia, for example, eight years are regularly provided for. The requirements for personal suitability, qualification, and professional experience are stipulated by law or in the main statute.
Legal status as a civil servant for a fixed term
The office of City Director is typically associated with the status of a civil servant for a fixed term in accordance with the respective state civil service laws. In terms of service law, he is subject to the same regulations as other elected municipal officials. The office comes with specific rights and duties, particularly regarding confidentiality, neutrality, and adherence to Council resolutions.
End of term
The term of office of the City Director ends upon expiration of the respective election period or by early dismissal on the basis of a Council resolution. There are clear and formal requirements for dismissal. Disciplinary measures are governed by the general regulations for civil servants; liability for damages and pension entitlements result from civil servant status.
City Director in comparison between states
North Rhine-Westphalia
In North Rhine-Westphalia, the City Director was a central leadership position in district-free and district-affiliated cities until the municipal constitution reform of 1994. With the switch to the “Mayor as head of administration” model, the classic dual leadership was abolished, but may remain an option in larger cities under special circumstances in the main statute.
Other federal states
In other federal states, such as Rhineland-Palatinate, Lower Saxony, or Hesse, the office as such is rarely maintained or was abolished as part of structural changes. The respective municipal codes contain transitional or grandfathering provisions for still-existing offices.
City comparison
In a few large cities, the City Director continues to exist as an independent function or as a special title, sometimes also as a synonym for senior administrative officers (department heads). In these cases, the tasks and authorities may differ considerably and are designed individually by the city’s statutory law.
Rights, duties, and liability
Service law duties
The City Director is obliged to implement the resolutions of the Council and committees, to manage the administration efficiently, and to ensure the legality and adequacy of administrative actions. He is subject to the enforcement of laws as well as special reporting duties to the Council and, where applicable, to the Mayor.
Liability
Within his area of responsibility, the City Director is personally liable for errors in official conduct and can, if damage results from culpable action, be held liable. His management is monitored by the Council, the main committee, and external supervisory bodies such as the audit office.
Binding instructions and independence
Although the City Director must act in accordance with Council resolutions, he enjoys a certain degree of autonomy in ongoing administration. His decisions, however, are subject to local government law and other relevant legal provisions.
Conclusion
The City Director is a historically and legally significant municipal executive position whose specific structure and powers in German municipal law strongly depend on state law, the city statute, and the organization of local administration. While the traditional office has been abolished in many regions, the function continues as a central organ of administration in certain cities. The tasks of the City Director are comprehensive, ranging from managing the administration and implementing Council resolutions to representing the city in legal transactions. The position demands considerable responsibility and is subject to clearly defined regulations under civil service and local government law.
Frequently asked questions
Who appoints and dismisses the City Director from a legal perspective?
The appointment and dismissal of the City Director are carried out in accordance with the respective municipal codes of the federal states, often based on the regulations of the municipal code of North Rhine-Westphalia (GO NRW) or comparable laws of other states. As a rule, the authority to appoint and dismiss the City Director rests with the City Council (the municipal representative body). Appointment is by Council resolution and is legally sealed by a public-law service contract. The term of office is usually limited and is eight years in many states. Dismissal before the end of the term is possible for important reasons or by Council resolution, often requiring a qualified majority (e.g., two-thirds majority). The legal basis for this can be found in the relevant provisions of the municipal codes (§ 71, § 73 GO NRW) and, where applicable, in the municipal constitutions of the federal states.
What legal requirements must a person fulfill for the office of City Director?
Certain legal requirements must be met for the office of City Director, which are derived primarily from the municipal codes and civil service law. The applicant must generally qualify for the second entry-level post of career group 2 (formerly higher service) under state civil service law. In addition, a completed university degree is usually required, especially in public administration, law, or similar subjects. Other prerequisites may include German or EU citizenship, full legal capacity, and a clean criminal record certificate. The specific details can vary from state to state but are always based on the legal provisions of the respective state law and municipal statutes.
What tasks and powers are legally assigned to the City Director?
The tasks and powers of the City Director are prescribed by law, in particular by the respective municipal codes. In cities with dual leadership (Mayor/City Director), the City Director typically manages the administration, insofar as it is not the direct responsibility of the directly elected Mayor. His responsibilities include especially the organization of the internal administration, implementation of Council and committee decisions, as well as preparation and execution of legal transactions in accordance with the municipal code and the main statute. In addition, the City Director may be responsible for supervision over subordinate authorities and budget, treasury, and accounting matters. He represents the city in legal and factual matters, unless expressly reserved for the Mayor. The precise allocation of tasks is stipulated by the municipal code in conjunction with the main statute of the relevant city.
What legal options exist for the removal or dismissal of a City Director?
The removal or dismissal of a City Director is subject to strict legal regulations to protect against arbitrary removal from office. In most municipal codes, early dismissal is possible only by a corresponding Council resolution, which usually requires a qualified majority (often two-thirds of the legal members of the Council). A significant reason for removal, such as serious breaches of official duty, can additionally justify extraordinary termination or dismissal. According to the municipal code of NRW (§ 71 para. 4), consensual termination via a termination agreement is also possible. Under general civil service law, there are also protective provisions such as the right to a hearing and the possibility of judicial review of the decision to remove or dismiss by the administrative court.
What is the legal relationship between the City Director, the city administration, and the Council?
Legally, the City Director, as chief administrative officer, is in a public-law official relationship with the city. As the immediate superior of municipal officials and employees, he is professionally and organizationally responsible for internal administration. He is subject to a reporting duty and is bound to the political resolutions of the Council. However, the City Director does not have political authority over the Council, but has an obligation to implement and execute decisions. The relationship may also be specified by rules of procedure, the main statute, and the concluded service contract. Typically, he is on an equal footing with or subordinate to the Mayor, depending on the applicable municipal code and any specific features of the local constitution.
What legal provisions exist regarding the term of office of the City Director?
The duration of the term of office is governed by law or by the municipality’s main statute and is, in most cases, eight years, with re-election permitted. The term begins upon acceptance of the appointment and ends by expiry, dismissal, or upon reaching the age limit or incapacity for service. The regulations are set out in the municipal codes, for example § 71 para. 2 GO NRW, as well as additionally in the state’s civil service law. Changes to the term by the Council can only be made within the framework of statutory provisions and at the end of the current term.
What legal control mechanisms exist for the performance of duties by a City Director?
Legal control over the performance of the City Director’s duties is exercised, on the one hand, by local government supervision (state authority), and on the other, internally by the municipal Council, audit office, and, if applicable, by a Mayor. The City Director is obliged to provide task-related reports and evidence of compliance with legal requirements. The City Director’s decisions can be reviewed and challenged by the Council, the supervisory authority, or the administrative courts for legality and appropriateness. In addition, budgetary and personnel audits are conducted to protect public funds and ensure compliance with regulations.
