Legal definition and conceptual development of the Ortsbürgermeister
The term Ortsbürgermeister refers in numerous German federal states to the highest executive and representative body of a municipality or district, particularly of municipalities belonging to an association or local municipalities within association municipalities. The legal provisions and competencies surrounding the office of the Ortsbürgermeister vary significantly depending on the relevant state law. The Ortsbürgermeister is distinguished, particularly from full-time mayors in larger communities, by their honorary office, specific responsibilities, and organizational integration.
Terminological distinction
While the term mayor is used at the level of municipalities, towns, and independent cities, the designation Ortsbürgermeister is mainly used in Rhineland-Palatinate, and occasionally in other federal states, for holders of office in local municipalities or smaller administrative units. The respective term, the office, and its legal status arise from the municipal constitution and the respective municipal codes of the states.
Legal foundations
Position under municipal law
The Ortsbürgermeister is the chief administrative authority of a local municipality. The legal basis for the office predominantly derives from the municipal codes of the states, such as the Municipal Code (GemO) of Rhineland-Palatinate, but also from municipal codes and constitutions of other states, which either directly use the term Ortsbürgermeister or provide equivalent regulations for other types of municipalities.
Honorary office
As a rule, the office of Ortsbürgermeister is held on an honorary basis. The legal provisions explicitly state that the office is part-time, in addition to ongoing professional obligations, and without full-time remuneration. An appropriate expense allowance is possible under state law regulations.
Composition and election
Ortsbürgermeister are elected by the eligible voters of the respective local municipality in a general, direct, free, equal, and secret ballot. The term of office, required majorities, and procedures are determined by the respective municipal electoral law of the state.
Term of office and removal
The duration of the term of office varies in accordance with the stipulations of the state laws, but typically amounts to five years. Removal from office can occur if either the statutory removal procedure is successfully carried out or other grounds defined in the relevant municipal codes arise.
Duties and powers of the Ortsbürgermeister
Management of the administration
By law, the Ortsbürgermeister is the chairperson of the municipal council of the local municipality and heads the ongoing administration. Their tasks specifically include
- the preparation and conduct of council meetings,
- the implementation of council resolutions,
- the proper administration of all affairs of the local municipality.
External representation
Legally binding, the Ortsbürgermeister is the statutory representative body of the local municipality. He represents the municipality both in and out of court.
Function as superior
Within the framework of statutory responsibilities, the Ortsbürgermeister is the superior of the employees of the municipal administration, provided that no organizational unit at the association municipality level is responsible.
Organ position in interaction with the association municipality
Especially in states such as Rhineland-Palatinate, where local municipalities join to form association municipalities, the Ortsbürgermeister is the local executive body at the local level, though the fulfillment of administrative tasks (e.g., civil registry office, management of the budget) often falls under the responsibility of the association municipality administration. In such cases, the duties of the Ortsbürgermeister are increasingly limited to representative, coordinating, and leadership roles in the council as well as matters that are not centralized at the association municipality level.
Duties subject to instructions
In certain cases, the Ortsbürgermeister is required to comply with superior instructions, for example in registration matters or when responding to hazards. In these cases, the Ortsbürgermeister acts in a delegated capacity as local police authority or as the implementing body of the state.
Legal status, liability, and compensation
Legal status
The status as honorary civil servant for a fixed term is expressly provided for in many state laws. This gives rise to special rights and obligations, such as a formalized oath of office process, duties of confidentiality, and special requirements for removal from office.
Liability and responsibility
The Ortsbürgermeister is liable for official acts for which they are responsible. Liability is generally limited to gross negligence and intent, provided the Ortsbürgermeister acts as an honorary municipal civil servant. The details are governed by state municipal law in connection with general liability norms.
Expense allowance
For the honorary office, the Ortsbürgermeister receives an expense allowance specified by state law or determined by municipal bodies to cover material and time expenditures.
Distinction from other municipal executive bodies
The Ortsbürgermeister is to be distinguished particularly from the following offices:
- Stadtbürgermeister: The Stadtbürgermeister is the executive and representative body of an association-related city in states with association municipalities.
- Verbandsgemeindebürgermeister: For the association municipality, a full-time Bürgermeister is appointed, who administers the member municipalities and leads central administration.
- Oberbürgermeister: In independent cities and certain large cities, an Oberbürgermeister assumes the duties on a full-time basis with extended competencies.
Termination of office, representation and succession
Termination of office
The office of Ortsbürgermeister may end through expiration of the term, resignation, death, removal from office, or by final legal disqualification.
Representation
In case of incapacity, the Ortsbürgermeister is represented by an elected deputy. The details regarding representation are also governed by the applicable municipal codes.
Succession in case of vacancy
If the office becomes vacant, a by-election must be held in accordance with state law requirements. Until the by-election, the first deputy usually takes on the tasks in an acting capacity.
Legal sources and literature
Key legal sources
- Municipal code (current version of the respective state, e.g. GemO Rhineland-Palatinate)
- Municipal constitutions of the states
- Municipal election laws and regulations
Further information
Detailed information on the specific rights and obligations as well as on the precise distribution of duties can be found in the currently valid versions of state law regulations and the municipal statutes of the respective local municipalities.
Notice: This article limits itself to the general legal foundations regarding the term Ortsbürgermeister in Germany. Supplementary special regulations in individual federal states, municipal statutes, or in the context of territorial reforms are reserved.
Frequently Asked Questions
What legal requirements must be met to be elected Ortsbürgermeister?
According to municipal law in the individual federal states, eligibility to vote within the municipality is primarily required to run for the office of Ortsbürgermeister. The candidate must generally possess both the active and passive right to vote; that is, on election day, they must be a German or EU citizen, have reached the age of 18 years, and have their main residence in the municipality. Furthermore, there must be no disqualifying reasons such as legal incapacitation or certain criminal convictions. In some federal states, additional requirements exist, such as the absence of specific family or business ties to other council members to avoid conflicts of interest. The exact regulations are set out in the relevant municipal election law (e.g., § 53 Kommunalwahlgesetz Rhineland-Palatinate) and in the municipal codes of the states.
What legal powers does an Ortsbürgermeister have under the municipal code?
The Ortsbürgermeister exercises rights and duties as the statutory representative of the local municipality, as regulated by the municipal code of the respective federal state. Legally, he is in particular entrusted with the implementation of council resolutions, the convening and chairing of council meetings, and the external representation of the municipality. He is also responsible for proper administration and is the superior of municipal employees, provided they are assigned to the municipality. However, his powers are supervised and limited by the municipal council, so he acts within the framework of the council’s decisions. The municipal code also provides for rights of representation in urgent or unavoidable matters (§ 40 para. 3 GemO RLP), in which case the Ortsbürgermeister is subsequently required to inform the council.
What are the legal provisions regarding the term of office and the re-election of an Ortsbürgermeister?
The term of office for the Ortsbürgermeister is specified in the respective municipal code of the federal state, and as a rule it is five years. After the end of this period, re-election is generally permitted unless municipal law exceptionally sets an age limit or other restrictions. New elections always take place on the basis of a regular municipal election or, in case of premature departure, via a by-election. Conditions for re-election may include rules on incapacity or serious official misconduct that can lead to removal or dismissal from office. The legal grounds for this are provided, for instance, by § 53 paragraph 3 Kommunalwahlgesetz and the relevant paragraphs in the state municipal code.
Under what conditions can the Ortsbürgermeister be legally removed from office?
An Ortsbürgermeister can be legally removed from office before the expiration of their regular term if the statutory resignation or removal requirements are met. Municipal codes generally provide for two possibilities: removal by the council and removal by the citizens (removal procedure). Removal by the council usually requires a qualified majority (e.g., two-thirds of the statutory number of members) and serious breaches of duty or loss of confidence. A citizen-initiated removal requires signatures from a specified number of eligible voters. The statutory provisions in this respect are set out in detail in § 40 paragraph 6 GemO RLP or in comparable provisions of other states, including rules regarding deadlines, procedures, and legal remedies in the case of disputed dismissal.
Which legal provisions regulate the remuneration and compensation of the Ortsbürgermeister?
The amount of remuneration, as well as any expense allowances for Ortsbürgermeister, is governed by state legal provisions, in particular the Kommunalbesoldungsgesetz and municipal compensation regulations. In smaller municipalities, the office is often honorary, and then there is an entitlement to a flat-rate expense allowance. In larger municipalities and for full-time roles, there is a fixed salary, usually according to pay groups based on the number of inhabitants. The legal grounds for entitlement, scope and amount of payments, and claims for additional benefits (such as retirement provision), are regulated in § 51 State Civil Service Law and the relevant implementing ordinances and local statutes. Disputes over compensation can be reviewed by the courts.
In which cases is the Ortsbürgermeister legally liable for their actions or omissions?
The Ortsbürgermeister is personally liable if, in the performance of official duties, they intentionally or with gross negligence violate law or regulations and as a result cause damage to the municipality. The relevant liability rules are based on the general principles of official liability under § 839 BGB in conjunction with Article 34 GG. Liability is excluded if the Ortsbürgermeister acted with ordinary negligence and within the scope of legal requirements. If there is a breach of duty of care or even intentional damage, recourse may be sought by the municipality. Municipal group insurance policies often exist for personal liability, but these do not cover gross negligence or intentional acts.
What legal cooperation duties does the Ortsbürgermeister have towards the municipal council?
The Ortsbürgermeister is legally required to properly implement the resolutions of the municipal council and to inform the council about their execution. He must prepare, convene, and chair council meetings, and also ensure proper control of the agenda (§ 37 GemO RLP). The Ortsbürgermeister can submit personal motions to the council but must impartially and lawfully implement all council decisions. Any delay or failure in implementation constitutes a legal violation for which he may be held responsible. Additionally, all information necessary for council decision-making must be provided in a timely and comprehensive manner. The municipal code provides clear stipulations in this respect that, among other things, define legal status and mutual control mechanisms.
