Concept and legal status of the local representative
Der Local representative is a municipal political office in the Federal Republic of Germany, particularly found in municipalities with subdivided local districts. The legal framework, areas of responsibility, and integration of the local representative into municipal self-administration are primarily governed by the respective municipal constitutions of the federal states. In most cases, the local representative serves as the interface between the local district and the entire municipality and assumes representative, coordinating, and advisory functions.
Legal foundations
Municipal constitutional law of the federal states
The legal basis for the function of the local representative is found in the municipal constitutions of the federal states, such as the Municipal Code (GemO) or the Municipal Constitution Act (KomVG). Since municipal law falls within the legislative competence of the federal states, the regulations concerning the local representative vary considerably from state to state.
Example Rhineland-Palatinate (§ 75 Municipal Code – GemO RP)
The Municipal Code of Rhineland-Palatinate provides the option to organize parts of a municipality as local districts and to appoint a local advisory council and a local representative for these. The regulations specify the conditions under which these offices are established and the powers with which they are endowed.
Example Hesse (§§ 82 ff. Hessian Municipal Code – HGO)
In Hesse, the HGO governs the establishment of local districts as well as the appointment and tasks of the local representative. Here too, the local representative is particularly responsible for asserting the interests of the local district vis-à-vis the bodies of the entire municipality.
Election and term of office
The appointment of the local representative takes place based on a resolution of the local advisory council or by direct election by the eligible voters of the local district. The specific procedures, the term of office, and the requirements for holding the office are again regulated differently under state law.
Electoral procedure
- Indirect election: The local representative is elected by the local advisory council from among its members.
- Direct election: In some municipalities, the local representative is elected directly by the population of the local district.
The term of office of the local representative is often linked to the election period of the local advisory council and usually encompasses five years. Re-election is possible—unless prohibited by law.
Tasks and powers
Representation and advocacy
The local representative represents the local district externally, particularly before the bodies of the entire municipality and to the public. He or she attends meetings of municipal bodies and may advocate for the interests of the local district there.
Administrative tasks
Depending on state law and the municipality’s main statutes, the local representative may be assigned various administrative tasks. These include, for example:
- Receiving applications, complaints, and suggestions from residents of the local district,
- Forwarding concerns of the local advisory council or individual residents to the administration,
- Assisting in the preparation and execution of elections in cooperation with the municipality,
- Supporting the organization of events of the local district.
Rights to information and participation
The local representative has comprehensive rights to information and to be heard concerning all matters affecting the local district. He or she may be invited to meetings of the municipal council in order to comment on topics relevant to the local district.
Advisory functions
In many cases, the local representative is responsible for advising the bodies represented in the municipal council on matters concerning the local district. He coordinates the work of the local advisory council and ensures targeted communication between the local district and the municipal administration.
No independent decision-making authority
The local representative is generally not a member of the municipal council and has no own decision-making or directive authority over the municipal administration. His or her participatory, advisory, and proposal powers are detailed in the relevant municipal codes.
Legal status and remuneration
Voluntary office and removal from office
In most federal states, the office of local representative is honorary. For honorary service, an expense allowance is usually paid, the amount of which is determined by the respective municipality.
A removal from office is possible—subject to certain legal requirements, such as gross breach of duty—in accordance with the relevant provisions of the municipal code.
Liability
With regard to his or her official acts, the local representative is subject to the general rules of liability within the meaning of official liability pursuant to § 839 BGB in conjunction with Art. 34 GG. This means that, as a rule, the municipality is liable for damages resulting from culpable breaches of official duty, while the officeholder may be subject to recourse internally.
Relationship to the local advisory council and other municipal bodies
The local representative acts as chairperson of the local advisory council, provided such a council exists, and serves as a link between the residents of the local district, the local advisory council, and the central bodies of the municipality (municipal council, mayor). His or her primary responsibility is to bring the resolutions of the local advisory council to the attention of the municipal representative body and to monitor their implementation.
The local representative usually has no authority to issue directives to municipal employees, unless the municipality has expressly delegated specific administrative powers to him or her.
Special provisions and distinctions
Difference from the mayor
Compared to the mayor, the local representative does not have executive authority over the entire municipality, but is organizationally and functionally limited to the respective local district. While the mayor represents the entire municipality and heads its administration, the powers of the local representative are limited to mediation, advisory, and representative roles within the local district.
Related offices: local mayor, local council
Especially in municipalities or parts of municipalities with independent structures, there are, in addition to the local representative, other municipal offices such as the local mayor or a local council. The functions and titles vary significantly depending on the legal basis set by the state.
Literature and web links
<a href="https://www.verwaltungsvorschriften-im-internet.de/bsvwvbund08022016BJNR023000015.html”>Municipal codes of the federal states (selection)
Municipal constitutions in Germany – Overview by the interior ministries of the states
Conclusion
The local representative is a central link between the residents of a local district and the overall municipality. His or her role is shaped by state-specific regulations of municipal law and encompasses representative, advisory, and coordinating tasks. The exact nature of rights and duties, the election process, as well as relationships with other municipal bodies, are defined by the respective municipal code and local bylaws. As an honorary office, the local representative has only limited decision-making authority, but plays an important role in representing interests within the local administrative system.
Frequently asked questions
What legal requirements must be met for the election of a local representative?
To be eligible to run for the office of local representative, the person must generally be eligible to vote in the respective district and have resided there for a certain minimum period. The exact requirements are set out in the local election laws of the individual federal states. In addition, both active and passive suffrage are essential: Candidates must be of legal age, i.e., at least 18 years old. Certain criminal convictions may also exclude a candidacy. In some federal states, incompatibility of the office of local representative with other offices (such as the office of mayor) is emphasized. The conduct and recognition of the election are governed by local electoral law, including rights of objection and review.
What legal powers does a local representative have?
According to the municipal code, the local representative primarily has a representative and mediating function, the legal framework of which is specified by the main statutes of the respective municipality. He or she represents the district before the municipal bodies and is in many federal states bound by the resolutions of the local advisory council, if such exists. The local representative has the right to be heard in meetings of the municipal council and administrative committee on matters affecting the district. As a rule, the local representative does not possess independent administrative or decision-making powers; routine administrative matters are conducted according to delegations by the municipality. However, he or she is regularly responsible by law for participating in matters that directly affect the district.
How is the term of office of the local representative regulated by law?
The duration of the local representative’s term of office is dictated by the municipal legal provisions of the respective federal state or municipal code. It is generally tied to the election period of the local advisory council or municipal council and in most cases amounts to five years. Re-election is usually possible as long as the electoral requirements continue to be met. The term can end prematurely by resignation, removal from office (if legally provided), loss of eligibility, or by death. The rules concerning the expiry and re-election are clearly defined by law to ensure continuity of administration.
Can a local representative be removed or voted out of office? What legal basis applies?
Removal from or voting a local representative out of office is possible but subject to strict legal requirements. The municipal code or the main statutes of the municipality stipulate the conditions under which a removal (for example, due to serious breaches of duty or loss of confidence) may take place. Usually, a qualified majority of the local advisory council or internal municipal bodies is required. The office also ends if eligibility ceases, such as through loss of residence in the district or in the case of criminal convictions. Removal procedures are subject to the right to be heard and the right to review, so arbitrary removal from office is excluded.
What legal regulations apply regarding the remuneration and compensation of the local representative?
The remuneration of the local representative is subject to state and municipal regulations. As a rule, it is not a salary in the sense of a regular employment relationship, but rather a flat-rate expense allowance, the amount of which is set by the main statutes or a special compensation statute. These payments serve to reimburse expenses and compensate for time spent. Social insurance or tax considerations depend on the amount of compensation and any other income. Furthermore, additional remuneration may be provided for special services (for example, participating in elections).
What confidentiality obligations and liability regulations apply to a local representative?
Local representatives are subject, during and after their term of office, to statutory confidentiality obligations regarding all confidential matters learned in office as prescribed by the municipal code. Violations can lead to disciplinary and legal consequences. In terms of liability, the rules on official liability under § 839 BGB (in conjunction with Art. 34 GG) apply, according to which liability to third parties arises for negligent or intentional breaches of official duty, whereby the employing authority is initially held liable. Personal liability mainly arises in cases of gross negligence or intentional misconduct.
Are local representatives allowed to engage in secondary employment or combine their office with other political positions?
The pursuit of secondary employment is generally permitted, provided it does not lead to conflicts of interest or impair the proper exercise of official duties in individual cases. Where incompatibilities exist, especially with other municipal or administrative offices (for example, municipal mayor), legal regulations or bylaws may exclude a simultaneous officeholding. Particularly at the state level in secondary employment regulations and in anti-corruption guidelines, relevant provisions can be found. Reporting and approval obligations for secondary employment are governed by the relevant municipal law regulations.
