Definition and Function of the Local Spokesperson
The Term Local Spokesperson refers to a municipal office holder in Germany who, in certain areas—usually in districts or localities without their own local constitution—acts as a representative for local interests. The Local Spokesperson is especially significant in federal states where the municipal code provides for separate representation for individual districts, without the establishment of a local advisory council or town council.
Legal Framework
Municipal Code and State Local Government Law
The legal status and appointment of the Local Spokesperson is not regulated uniformly at the federal level, but is governed by the respective municipal codes (GemO) of the federal states or corresponding municipal constitutions. The decisive factor is whether municipal sub-areas have their own representation or if this function is provided by the Local Spokesperson. Local Spokespersons are particularly common in Hesse, Rhineland-Palatinate, North Rhine-Westphalia, and other states.
Distinction from Similar Bodies
The Local Spokesperson must be distinguished from positions such as the Local Mayor, District Mayor, or Local Advisory Council. While the latter entities are often vested with extensive powers and are elected in democratic elections, the Local Spokesperson usually serves as a link between the affected district and the municipal bodies.
Appointment and Beginning of Office
Election Procedure
The appointment generally does not occur through a general election, but rather by resolution of the municipal council or city council. The residents of a district can often make suggestions regarding the person to serve as Local Spokesperson. The final decision on the appointment, however, rests with the municipal council. The procedure is regulated by the applicable municipal code or a principal statute.
Term of Office
The term of office of the Local Spokesperson generally corresponds to the electoral period of the municipal council or local representation. An earlier recall or resignation is possible by resignation or revocation by the municipal council. Reappointment is permitted, unless contrary provisions exist.
Duties and Powers
Representation of Local Interests
The main area of responsibility is the representation of the interests and concerns of the respective district towards the larger municipality and its bodies. The Local Spokesperson assumes a mediating role and thus contributes to ensuring that local concerns are taken into account in the municipality’s overall interest.
Participation in Council and Committee Meetings
The Local Spokesperson is often authorized to participate in meetings of the municipal council and its committees in an advisory capacity, insofar as matters relating to the respective district are concerned. However, voting rights are generally not granted.
Consultation and Participation Rights
By law or by statute, the Local Spokesperson can be granted the right to be heard in important decisions of the municipal council that particularly affect the district. In some municipal codes, a right to make proposals regarding specific measures is also provided.
Duty to Inform
Municipalities are obliged to regularly inform the Local Spokesperson about resolutions and developments affecting the respective district.
Legal Status and Legal Relationship
Organizational Status
The Local Spokesperson is generally not an independent municipal body but a functionary appointed by the municipal council. The relationship is of a public-law nature and is based on the relevant provisions of the municipal code or the principal statutes of the respective municipalities.
Rights and Duties
- Duty of Confidentiality: The Local Spokesperson is obliged to maintain confidentiality regarding confidential matters.
- Obligations towards the Municipality: The duties must be performed objectively and neutrally in the interest of the relevant district and the overall municipality.
- Liability: Liability is governed by the rules of municipal liability law and is based on the guidelines for honorary municipal officers.
Remuneration
Local Spokespersons generally serve on an honorary (voluntary) basis. They may receive an expense allowance, the amount of which is specified by the principal statute or by a separate council resolution.
Termination of Office
The office of the Local Spokesperson ends upon expiry of the term or by leaving the municipal council, provided that such a connection is stipulated by the municipal law. Further reasons for termination of office include:
- Revocation by the municipal council
- Resignation
- Death or permanent incapacity
Significance in Local Self-Government
The Local Spokesperson is an important component of local participation and integration of individual districts in municipal decision-making processes. By establishing this role, democratic participation is strengthened even in those districts that do not have their own local constitution.
Literature and Case Law
The institution of the Local Spokesperson is addressed in authoritative commentaries on the municipal code and standard textbooks on local government law of the federal states. Court decisions regularly address specific questions regarding appointment, performance of duties, and legal obligations.
Note: The specific design of the office of the Local Spokesperson may differ in detail depending on the federal state and municipality. For detailed information, the relevant municipal codes and principal statutes of the respective municipality should be consulted.
Frequently Asked Questions
Who is entitled to vote for the Local Spokesperson and what is the legal process of the election?
Only members of the responsible municipal council are entitled to vote for the Local Spokesperson. As a rule, the election is carried out in accordance with the provisions of the relevant municipal code, with specific details governed by state law. In practice, § 24 of the municipal code (specific to each federal state) is particularly relevant, which contains rules for the appointment of a Local Spokesperson instead of a Local Mayor. Usually, a secret and direct election by the municipal council is provided. Public calls for applications or involvement of the residents are not legally provided; instead, the council alone decides in a non-public session. The term of the Local Spokesperson is typically tied to the election period of the municipal council, and reappointment is permitted. All formal requirements, such as convening, quorum, and record-keeping, must also be observed as with other council resolutions.
What legal powers and duties does a Local Spokesperson have?
The primary legal function of a Local Spokesperson is to represent the interests of a particular district or locality that does not have its own local advisory council or mayor. Legally, the Local Spokesperson is an honorary municipal office and acts on behalf of and on the instructions of the municipal council. They are allowed to represent municipal interests to citizens and the administration and to make proposals and suggestions to the council, particularly on matters concerning the respective district. However, they have no formal decision-making authority or independent right to act vis-à-vis the administration. Their role is clearly limited to advisory and representative functions. Legislation sometimes provides that the Local Spokesperson must be consulted on deliberations affecting the relevant district, but has no voting right in the council.
How is the legal relationship between the Local Spokesperson and other municipal bodies regulated?
Legally, the Local Spokesperson is expressly not a member of the municipal council and does not participate in its votes. Rather, they act as an intermediary between the interests of their district and the decision-making bodies of the municipality, especially the municipal council and the mayor. Rights and duties are derived from the relevant municipal code and, where applicable, the statutes of the municipality, provided that further specifications are made therein. Rights to information are usually limited to matters concerning their own district. If the municipality has rules of procedure, these may also stipulate the conditions under which the Local Spokesperson may participate in or be heard during meetings.
Is the Local Spokesperson subject to a specific duty of confidentiality or official liability?
The general rules for honorary municipal office also apply to the Local Spokesperson, and are often explicitly extended to them. This encompasses, in particular, a duty of confidentiality (§ 21 GO NRW as an example) concerning all non-publicly adopted resolutions as well as confidential or personal matters that become known in the course of their office. In the case of breaches of duty or negligent harm, the Local Spokesperson may also be held accountable under the principles of official liability, whereby the municipality is generally initially liable and may seek recourse from the Local Spokesperson in cases of intent or gross negligence.
Can Local Spokespersons be recalled and, if so, under what legal provisions?
The legal option to recall a Local Spokesperson is provided for in municipal regulations. This is carried out by resolution of the municipal council and must be justified accordingly. The municipal code generally does not require a special majority for this, so a simple majority is sufficient, unless the municipality’s principal statute provides otherwise. Recall for good cause (e.g. serious misconduct, loss of trust, or breach of duty) is legally permissible and the person concerned must be granted a right to be heard during the proceedings. The person affected has a legal remedy (in particular, access to administrative courts) against the recall.
Are Local Spokespersons legally required to provide information or hold consultation hours?
There is generally no binding legal obligation to hold regular consultation hours unless this is expressly provided for in the municipality’s principal statute. However, the Local Spokesperson is required to be available as a contact person for the municipal council as well as the residents of their district, to forward concerns and to provide relevant information. The duty to provide information is limited to matters that become known during the performance of their duties and are not confidential. Unlike council members, they generally do not have a right to comprehensive access to files or information.
Is the office of the Local Spokesperson remunerated and how is this legally regulated?
The remuneration of the Local Spokesperson is determined by the rules of the municipality as well as supplementary regulations of municipal service law. As a rule, the office of Local Spokesperson is an honorary office, for which only an expense allowance is paid. The amount and details of this compensation are usually set out in the municipality’s principal statute or in state regulations, such as a compensation ordinance for honorary activity in local self-government. There is no entitlement to salary or civil servant-like benefits. The exact design must be taken from the specific municipal code and statute.
