Definition and classification of the professional city councilor
Der professional city councilor is a legal body of municipal self-administration that is particularly significant in German municipal law. Professional city councilors are members of the city council or the magistrate or municipal administration who hold their office as a primary post, meaning a paid position focused on the performance of administrative work. They differ from honorary city councilors, who exercise their mandate alongside another profession and without full-time remuneration. The appointment, duties, and legal status of professional city councilors are comprehensively regulated in the municipal codes of the federal states and vary in detail according to the respective state law.
Status and duties of the professional city councilors
Role within municipal administration
Professional city councilors are regularly part of the management committee of a local administration (e.g., magistrate or administrative board). They head municipal departments or divisions such as construction, finance, social affairs, public order, or education, and support the administration’s leadership (e.g., the lord mayor or mayor) in fulfilling their duties. They are responsible for the direct preparation of resolutions for the political committees as well as their implementation within the city administration.
Areas of responsibility
The specific areas of responsibility are determined by the respective municipal codes as well as the main statutes of each city. Socio-politically relevant departments include, for example:
- Construction and urban development
- Finance and budget
- Public order, safety, and fire department
- Education and culture
- Health, environment, and social affairs
The key tasks include:
- Management and organization of specialist departments
- Preparation and execution of decisions by municipal bodies
- Legal supervision of the offices within the division
- Reporting duties towards the mayor and city council
Distinction from honorary city councilors
In contrast to honorary city councilors, who typically perform advisory or decision-making functions, professional city councilors are full-time responsible for executive administrative work and hold a public-service or civil servant relationship with the city.
Legal foundations and appointment
Legal framework
The appointment and legal status of professional city councilors are regulated in the municipal codes of the federal states, for example:
- Germany (Bavaria): Art. 34 et seq. of the Bavarian Municipal Code (GO).
- Germany (Hesse): § 71 et seq. of the Hessian Municipal Code (HGO).
- Germany (North Rhine-Westphalia): § 71 et seq. of the Municipal Code for the State of North Rhine-Westphalia (GO NRW).
- Germany (Baden-Württemberg): Municipal Code for Baden-Württemberg (GemO BW), §§ 43, 44.
The regulations determine the number, composition, and qualification of professional city councilors.
Election and appointment
Professional city councilors are generally elected by the city council for a fixed term of office (usually 6 to 8 years). The election often takes place with a majority of the statutory members of the city council or the magistrate. The appointment is made by issuing an official certificate of appointment by the mayor. The term of office may be extended once or several times, provided that the municipal code allows for this.
Civil servant status or employment relationship
Professional city councilors are appointed either as civil servants for a fixed term or are employed as salaried staff, depending on the municipal code. Significant differences exist with regard to salary, pension, and service law regulations.
Status and legal position
Legal employment status
Professional city councilors are part of the top management of the municipal administration. They hold a special public law service relationship or a civil servant position for a fixed term and are subject to the general service law regulations (e.g., Civil Service Status Act, state civil service laws, data protection, duty of confidentiality).
They are in particular obliged to:
- impartial conduct in office
- duty of confidentiality
- Compliance with the political will adopted by the municipal council
The office must, in principle, be filled according to the principles of suitability, qualification, and professional competence.
Termination of office
The employment relationship of the professional city councilor ends
- upon expiration of the term of office,
- by removal from office (if permitted by the municipal code),
- by resignation, or
- upon retirement (reaching the age limit).
Further details are governed by the respective municipal codes as well as by labor and civil service law regulations.
Involvement and personal responsibility
Professional city councilors participate in meetings of political committees with both advisory and executive functions, particularly in the administrative board or magistrate. They are responsible for coordination across divisions and for carrying out specific areas of responsibility, for which they are accountable to the mayor. They are also subject to special political oversight by the municipal representative bodies.
Salary and pension
The salary of professional city councilors is based on the relevant salary tables of the federal states (e.g., salary group B or A under civil service law, or pay groups under the public service collective agreements). According to the municipal code and civil service classification, they are entitled to a retirement pension and other social benefits.
Summary and significance in municipal administration
Professional city councilors hold key positions within German municipal administrations. They ensure the professional and continuous management of the city’s most important administrative sectors and play a decisive role in implementing political and administrative objectives. Their legal status is comprehensively regulated and provides a legally reliable basis for transparent and efficient administrative leadership.
Related articles:
- Municipal administration in Germany
- Municipal code
- [Beamtenrecht]
Frequently asked questions
What legal requirements must be met for the appointment of a professional city councilor?
In Germany, the appointment of a professional city councilor requires various legal prerequisites arising from the municipal or local constitutions of the respective federal states. General requirements include that a suitable position is provided for in the municipality’s staffing plan and is financially secured. The city councilor is elected in a formal election process by the municipal council, in which both the job announcement and selection process must adhere to transparency and equal treatment principles. The majority relationships and other details are usually laid down in the relevant municipal code. In addition, there are typically personal requirements in terms of qualification and suitability, which may require professional training or experience. Civil service law must also be observed, as the professional city councilor is generally appointed as a civil servant for a fixed term, so that the civil service regulations—especially relating to the selection procedure, appointment, office management, and dismissal—apply.
What is the legal status of a professional city councilor compared to honorary city councilors?
A professional city councilor usually holds the position of a full-time elected civil servant in the organization chart of the municipal administration, whereas honorary city councilors are members of the municipal council and serve in a part-time capacity. As an elected civil servant, the professional city councilor is subject to the service law for civil servants, particularly regarding the term of office, remuneration, civil service obligations (e.g., neutrality, confidentiality, and supervisory duties), and disciplinary measures. In addition, the mayor may have rights to issue instructions if permitted by the relevant municipal code. In most cases, the professional city councilor is elected for a specific period—about six or eight years—and bears higher responsibility within their division. Their competencies are usually limited to administrative tasks and may be further regulated by an internal allocation of responsibilities. Honorary city councilors, on the other hand, serve without remuneration, are not civil servants, and only have political codetermination rights in the college of the municipal council.
How is the election of the professional city councilor carried out under municipal law regulations?
The municipal constitutions of the federal states generally provide for a multi-stage legal procedure: First, the municipal council must decide to appoint a professional city councilor and advertise the position. Then comes the application process, with the advertisement subject to the principle of selecting the best candidate and to equal opportunity laws. Afterwards, the municipal council or city council elects the candidate for the term of office in a secret ballot. The required majority is specified in the respective municipal code (absolute or qualified majority). Following the election, the appointment as civil servant for a fixed term is made by the mayor or district administrator, with personnel representation, and possibly the main committee and audit committee, being involved. Legal remedies against the election procedure are available within set deadlines through a municipal constitution complaint.
What term of office and possibilities for re-election does the law provide for professional city councilors?
The term of office of a professional city councilor is laid down in the relevant municipal law and, depending on the federal state and size of municipality, is typically between 5 and 8 years. The office is a fixed-term civil servant position, so that after expiry of the term of office, re-election and reappointment are possible so long as there are no statutory barriers. The law does not prescribe a maximum number of re-elections; however, regional regulations or statutes may contain restrictions. Each re-election starts a new term of office, with the procedure corresponding to that of the initial election. The municipal council always decides on re-election with the required majority.
What legally defined tasks and responsibilities are assigned to professional city councilors?
The exact tasks and responsibilities result from the municipal constitution and allocation of duties of each municipality. Professional city councilors are typically responsible for leading certain departments such as finance, construction, social affairs, or public order, and for the direct management of the specialist areas assigned to them. This includes preparing and implementing resolutions of the municipal council, legal and economic representation of the administration in their area of responsibility, and oversight of their subordinate staff. Under the procedural rules, they may attend council meetings and act in an advisory function. They are also bound by laws, statutes, and instructions from the mayor and may, in certain cases, be granted powers of representation.
Under what circumstances does the office of professional city councilor end prematurely?
The premature termination of the office of a professional city councilor is secured by statutory provisions. Reasons for early termination include the end of the term of office without re-election, release from fixed-term civil service by voluntary resignation, removal from office by the municipal council for good cause (e.g., gross breach of duty), loss of eligibility for election or legal capacity, as well as final conviction to a prison sentence. Local government law specifies qualified majorities and a formal procedure for removal, often including a right of objection for the affected party. In addition, disciplinary measures for serious breaches of duty may result in early removal. In the event of premature release, severance or pension entitlements usually exist pursuant to the Civil Service Act.
What rights and obligations does a professional city councilor have from a legal perspective?
Professional city councilors have extensive rights and duties under the Civil Service Act and municipal law. Their rights include independence in the conduct of their office within the general rules of procedure, entitlement to remuneration and pension, participation in decision-making bodies, and the right to submit proposals regarding their department. Duties include, in particular, impartial and diligent execution of their office, confidentiality, representation and loyalty to the municipality, as well as compliance with all legal and internal administrative instructions. They are also subject to special rules on conflicts of interest and secondary employment and bear civil service responsibility for administering their department. Violations of duties can result in disciplinary measures.
