Mayor: Roles, Types, and Civic Functions

In larger cities in Germany, there are several mayors (e.g. construction mayor, social mayor) who are attached to a lord mayor and are usually responsible for specific areas of responsibility.

In most larger cities in Germany, especially those that are independent of districts, there is a mayor as well as one or more aldermen, who occasionally have the official title of mayor.

The term mayor or lord mayor is usually used to distinguish between the holder of the office as a person (the so-called organ administrator) and the mayor as an organ in the sense of a legally created institution of an administrative body. As a body, the mayor or lord mayor is institutionally an authority of the municipality. In his function as an authority, the mayor performs tasks of public administration and is in this respect part of the executive branch (cf. inter alia Section 1 (4) VwVfG).

The term First Mayor is used in Hamburg for the head of government and in large district cities and independent cities in Baden-Württemberg for the deputy mayor.

Special features, as in the city states and Hanseatic cities, see respective countries below.

History

Since the 13th century, mayors were at the head of the city council, the body of the citizenry for self-government. In the Middle Ages, in addition to the Middle High German official title burge(r)meister, the even older Latin magister civium was in common use. There were usually two mayors, but often more than one. One of them presided over the town council, and all of them originally only carried out its decisions. Gradually, the task of overall self-government grew to them. They were given police powers and often also jurisdiction in petty cases (cf. the term market judge in the Hungarian administration in the imperial and royal monarchy). Monarchy). The original subordination to a lordly bailiff or sheriff soon gave way to a coexistence. The mayors were appointed from among the patricians or from the guilds by the town lord or elected by the town council. In the 17th and 18th centuries, the election gradually became a formality. Mayors were now civil servants appointed by the city lord (the imperial cities, however, were an exception). In the course of the 19th century, mayors were re-elected as municipal leaders.

The village municipality also had administrative functions and exercised lower jurisdiction. In most cases, the mayors (also Dorfmeister, Bauermeister) were initially municipal clerks and accountants and subordinate to the Schultheiss or the Heimberger. In the course of the early modern period, the mayor became the most important official in many communities. In the course of this development, the office of Schultheiss or Heimberger usually became completely extinct.

Tasks

The (full-time) mayor has different duties according to the respective municipal code:

• He is the chairman of the city council and the head of the city administration (in Schleswig-Holstein only of the city administration; in Lower Saxony he can also be the chairman of the council, usually a council member is elected for this purpose).
• He is responsible for the preparation and implementation of the resolutions.
• He is the legal representative of the municipality.
• He is the supervisor of the employees of the municipality.
• He is responsible for the proper execution of the instruction tasks.

Countries

Mayors are in different salary groups in Germany depending on the federal state, the size of the local authority and, if applicable, their function (e.g. second mayor, honorary mayor); the legal bases are named differently (in North Rhine-Westphalia: Eingruppierungsverordnung). The Lord Mayor of Munich is grouped in grade B 11 of the salary scale B.

Baden-Württemberg

The mayor in Baden-Württemberg is, by virtue of his office, chairman of the municipal council and head of the municipal administration. He represents the municipality externally. The term of office is eight years. Baden-Württemberg's municipal law follows the model of the South German council constitution.

Bavaria

In Bavaria, the First Mayor (official designation: "Erster Bürgermeister oder Erste Bürgermeisterin") and, since 1908, also the Lord Mayor (official designation: "Oberbürgermeister" or "Oberbürgermeisterin") are directly elected by the citizens of a municipality. The term of office is six years. An absolute majority of valid votes is required for election. If this is not achieved by any of the candidates in the first round of voting, a run-off election is held between the two candidates with the most votes. The legal basis for this is the Bavarian Municipal and County Election Act (GLKrWG).

The First Mayor represents the municipality externally, presides over the municipal, market town or city council and executes its resolutions. He has full voting rights in the municipal/city council. In independent municipalities and large district towns, the mayor is the head of the municipality. In these municipalities and in district municipalities with more than 5,000 inhabitants, he is usually a temporary civil servant (professional mayor).

In municipalities belonging to a district and having more than 5,000 but not more than 10,000 inhabitants, the first mayor shall be an honorary civil servant (honorary mayor) unless the municipal council determines by statute at the latest on the 90th day before a mayoral election that the first mayor shall be a temporary civil servant. In municipalities with up to 5,000 inhabitants, the first mayor is an honorary civil servant unless the municipal council determines by statute, at the latest on the 90th day before a mayoral election, that the first mayor is to be a temporary civil servant. (Art. 34 BayGO).

The Second Mayor (and possibly also a Third Mayor, honorary or professional) is elected by the City Council or the Municipal Council from its members. The designation in the Bavarian Municipal Code is "one or two other mayors" (Article 35). Their official title, which may also be used outside the office, is "mayor" or "mayoress".

The legal basis for the legal status of mayors can be found in the Bavarian Municipal Code (BayGO) and the Bavarian Law on Municipal Elected Officials (KWBG).

Brandenburg

In Brandenburg, the mayor has been directly elected since 1993. In the independent cities (Brandenburg an der Havel, Cottbus, Frankfurt (Oder) and Potsdam), the mayor's title is Lord Mayor. In municipalities belonging to an administrative district, the mayor serves in an honorary capacity; in municipalities not belonging to an administrative district, the mayor is a full-time civil servant for a fixed term. The honorary mayor is elected at the same time as the municipal council for a period of five years. The full-time mayor or lord mayor is elected as a full-time civil servant for a term of eight years. An absolute majority of valid votes is required for election. If none of the candidates achieves this in the first ballot, there is a run-off election of the two candidates with the most votes. This majority must comprise at least 15% of the eligible voters in each case. If no candidate obtains this majority, in this case the representation elects the mayor or lord mayor.

In the districts of towns and municipalities, the local head (formerly local mayor) is elected by the local advisory council, from among its members.

Hesse

In Hesse, the municipalities are organized according to the so-called magistrate constitution, which gives the mayor a relatively weak position vis-à-vis the municipal council even after the introduction of direct elections in 1992. The legal basis is the Hessian Municipal Code (HGO).

Mecklenburg-Western Pomerania

In Mecklenburg-Western Pomerania, the mayor has been directly elected since 1999. In larger cities, there is a lord mayor. According to the municipal election law, the term of office in full-time administered municipalities is at least seven and at most nine years; details are regulated by the main statutes. The election takes place independently of the election of the municipal council. In municipalities administered on a voluntary basis, the term of office of the mayor is linked to the election period of the municipal council, i.e. it lasts five years. The directly elected mayor can only be dismissed by a referendum.

Lower Saxony

In Lower Saxony, the mayor or Samtgemeinde mayor is always full-time. In independentcities, large independent towns and the cities of Hanover and Göttingen, he bears the title of Lord Mayor. The mayor is assisted in representative matters by so-called honorary mayors. The designation Beigeordneter is not common for them. The members of the administrative committee are called aldermen, whereas the honorary mayors are elected from their ranks by the council. In Lower Saxony, the (full-time) mayor is elected directly by the inhabitants of the municipality/city. He is not chairman of the council by virtue of his office and, since the Lower Saxony Municipal Constitution Act came into force on November 1, 2011, he can no longer be elected to this position under Section 61 NKomVG. His term of office is 8 years; it is thus 3 years longer than that of the members of the Council. Accordingly, elections to the council and for the office of mayor do not have to be held simultaneously. Since 2016, the mayor's term of office has been gradually reduced to 5 years and the election dates synchronized, so that mayoral elections will be held together with municipal elections from 2021 at the latest. In Lower Saxony, Germany's longest-serving mayor to date, Heinrich Meyer-Hüdig, also served from 1946 to 2001 in the village of Ehestorf, municipality of Rosengarten.

North Rhine-Westphalia

In North Rhine-Westphalia, the mayor or, in independent cities, the lord mayor is elected by the citizens in a general, direct, free, equal and secret election. The municipal council elects up to three honorary deputies who bear the designation "Bürgermeister/Bürgermeisterin". The mayor may be voted out of office by the citizens of the municipality before the end of his term. The mayor heads the administration and is a temporary municipal elected official. If aldermen are appointed, they form the administrative board together with the mayor and treasurer. The mayor presides over the board. The municipal administration is entrusted with all public functions of the city and is headed by the mayor.

Until 1994, there was a division between the head of the administration and representative of the municipality in all legal and administrative matters (Oberstadt-, Stadt- bzw. Gemeindedirektor) and the honorary mayor as chairman of the council. This system had been introduced by the British occupation forces after the Second World War in 1945. It was also referred to as municipal dual leadership. After the abolition of the dual leadership, the mayors were initially elected by the council.

Since the 1999 municipal elections, full-time mayors in cities and municipalities have been elected directly by the citizens for a term of five years. The term of office was extended to six years in 2007 by the Act to Strengthen Local Self-Government in order to decouple the election of mayors from the election of councillors. The Act on Strengthening Local Democracy of April 9, 2013, shortened the term of office again to five years. From 2020, mayoral elections will be linked to elections of city and municipal councils.

Rhineland-Palatinate

The municipalities in Rhineland-Palatinate are called Ortsgemeinde (local municipality), unless they have been granted city rights and belong to an association municipality. The head of a local municipality is called the local mayor, who works in an honorary capacity. If the municipality is a city, the head of the municipality is called city mayor. Several local communities or towns belong to an association municipality, the head of the association municipality administration has the official title of mayor and works full-time. Municipalities that are independent of associations but belong to a district are usually cities. The head of such a municipality or city is called mayor (not city mayor), regardless of the type of municipality, and also holds a full-time position. The mayor of an independentcity or a large city belonging to a district is dubbed lord mayor, and the deputies assigned to him bear the official title of mayor. The term of office of full-time mayors lasts eight years, that of honorary mayors corresponds to the election period of the municipal council (currently five years).

Saarland

In Saarland, the election of the mayor is regulated by the Local Self-Government Act (§§ 54 ff. KSVG). He is elected directly by the eligible voters for a period of ten years (Section 31 (2) KSVG). Whoever of the candidates for the office of mayor receives more than half of the valid votes cast in the first ballot is mayor of the municipality. If none of the candidates is able to obtain the required majority, the two candidates who were able to obtain the most votes in the first ballot shall compete against each other in the decisive second ballot (Section 56 in conjunction with Section 46 KSVG).

The voting out of office of the mayor must be initiated by the municipal council. For this purpose, an initial vote is required in which a corresponding motion is supported by at least half of the members (Section 58 KSVG). Provided that a majority has voted in favor of the motion, a resolution on the motion can be passed after two weeks at the earliest. In this case, a two-thirds majority is required for a roll call vote. After a successful resolution of the municipal council, a vote by those entitled to vote is required to remove the mayor from office. To remove the mayor from office, a simple majority is required on election day, with at least 30% of eligible voters voting in favor of removal. The removal of a mayor from office before the end of his term has only been successfully carried out once before in Saarland. Wolfgang Stengel, mayor of the municipality of Schiffweiler, was officially voted out as mayor on March 29, 2010, when the election results were announced.

Saxony

In Saxony, the mayor has been directly elected every seven years since 1994. In independent cities and large district towns, the mayor is known as Oberbürgermeister (Lord Mayor). In municipalities with more than 5,000 inhabitants, the mayor is a full-time, temporary civil servant. In smaller municipalities, the mayor serves in an honorary capacity, but in cities and municipalities with more than 2000 inhabitants (provided they do not belong to an administrative association or an administrative community), the main statutes may stipulate that the mayor serve in a full-time capacity. Full-time mayors may only be elected if they have not yet reached the age of 65.

Regardless of the size of the municipality, the mayor is a full-time temporary civil servant if the municipality is the fulfilling municipality of an administrative community.

Larger municipalities may have one or more aldermen as deputies of the mayor. The aldermen are elected by the municipal council for a period of seven years; they are temporary elected officials. In smaller municipalities, two deputy mayors are usually elected by the municipal council and work on an honorary basis.

Saxony-Anhalt

In Saxony-Anhalt, the mayor has been directly elected since 1994.

Schleswig-Holstein

In Schleswig-Holstein, full-time mayors are elected directly by the people for a term of six to eight years; the exact term of office is determined by the municipality's main regulations. Honorary mayors, who are usually found in municipalities belonging to local authorities, are elected by the municipal council.

In Lübeck, the mayor is so designated for historical reasons and is comparable in rank to a lord mayor, which exists in other Schleswig-Holstein cities of comparable and smaller size.

Thuringia

In Thuringia, the mayor has been directly elected for a regular term of six years since 1994. In independent and large cities, the mayor's title is "Oberbürgermeister" (Lord Mayor).

City States

In the city states, mayors have the function comparable to a prime minister in the other states. They are the head of the state and the head of the city at the same time. Their deputies also bear the title of mayor. While in the Free Hanseatic Cities of Bremen and Hamburg the title mayor is traditionally used for the head of state instead of lord mayor, the term governing mayor first arose for the head of state of West Berlin after a lord mayor was appointed for East Berlin in 1948. In 1991, the election of a Governing Mayor then took place for the whole of Berlin.

Berlin

In Berlin, the Governing Mayor is both the head of the state and the head of the city. He is elected by the Berlin House of Representatives. Together with the senators (ministers) appointed by him, each of whom is responsible for a senate administration (ministry), he forms the Senate of Berlin.

Under the title of mayor, he appoints two senators as his deputies.

The administrative head of a district office in one of Berlin's twelve boroughs is called the district mayor.

Bremen

In the Free Hanseatic City of Bremen, the mayor and president of the Senate is the head of the state and also the head of the city of Bremen (but not Bremerhaven). The President of the Senate is elected by the state parliament, the Bremische Bürgerschaft, which then elects the rest of the Senate of the Free Hanseatic City of Bremen as the state government. The President of the Senate and another senator to be elected by the Senate from its own ranks, as his deputy, are mayors (both are so officially designated by tradition). Both mayors are also senators (ministers). Like the other senators, they are subordinate to various senatorial authorities (ministries).

In the maritime city of Bremerhaven, the magistrate (city council), consisting of the mayor, the mayor (deputy) and the magistrate members, is elected by the city council on the basis of a municipal constitution.

Hamburg

In the Free and Hanseatic City of Hamburg, the First Mayor is both the head of the state and the head of the city. He is elected by the state parliament, the Hamburg Bürgerschaft. He appoints his deputy the Second Mayor and the other senators (ministers), who are to be confirmed by the Bürgerschaft. These form the state government, the Senate of the Free and Hanseatic City of Hamburg. The First Mayor is President of the Senate. The Second Mayor is also a senator. Like the other senators, he is subordinate to a senate authority (ministry).

The heads of the district offices, as administrative heads of one of the seven district offices of the boroughs in Hamburg, are sometimes colloquially dubbed district mayors. Especially in the former independent cities that lost their own mayors after incorporation into Hamburg in 1938, this is sometimes the case.

1. ↑ All designations apply analogously to cities and to other types of municipalities, unless otherwise stated.
2. ↑ Based on Kost/Wehling: Kommunalpolitik in den deutschen Ländern, 2010
3. ↑ The exception is always the sponsoring municipality of the administration
4. ↑ Deviating from this, the main statutes may stipulate at the beginning of the term of office of the municipal council that the chair shall be taken by a member of the municipal council elected by the municipal council. (§ 23 (1) ThürKO)

The mayor is elected directly (by popular vote) in most federal provinces, but in Lower Austria, Styria and Vienna by members of the municipal council. In Vienna, the mayor is also the governor of the province, and the members of the municipal council are also members of the provincial parliament. If the mayor is not directly elected, the majority party usually provides the mayor. However, this depends on the respective majority ratios in the municipal council.

The proportion of female mayors is very low. In 2021, the figure is 9 % women.

The mayor is the executive body of the municipality and is responsible in particular for the execution of the resolutions of the municipal council. He is responsible for the affairs of the transferred sphere of action of the municipality within the framework of the instructions of the federal government and the provinces. The municipal employees are subordinate to him. He also represents a municipality externally. In Krems and Waidhofen an der Ybbs, which are statutory towns in which the provincial police directorate is not the first-instance security authority, the mayor is responsible for the municipalities' affairs. Instanz is, the mayor is as district administrative authority safety authority I. Instanz. Instance. In all municipalities, the mayor is the lost property authority and the registration authority. In municipalities that belong to the sphere of action of a provincial police directorate, the mayor is also the passport authority.

Over the execution of these functions and due to the proximity of the office holder to the population, disputes occur time and again, which are also carried out on a personal level. For example, a 2019 survey conducted by the Austrian Association of Municipalities showed that around 60% of participants were subject to greater pressure to justify themselves and that over a third had been subjected to threats, insults and defamation. In another survey conducted by Kommunal magazine, some 42% of respondents said they had experience of intimidation, assault, threatening letters and hate mail, up to and including physical assault. For example, a shooting attack (2003, Fohnsdorf), strychnine-poisoned chocolate (2008, Spitz an der Donau), acid attack (2008, Weißkirchen an der Traun), sending dead animals (2010, Ansfelden; 2011, Eidenberg), death threats and other attacks were cited. The willingness to assume the office of mayor is therefore declining.

Every municipality has one, two or three deputy mayors, depending on the election results and the size of the municipality. Some federal provinces provide for the appointment of local mayors as representatives of the mayor for individual districts of larger municipalities. In Vienna, district parliaments known as Bezirksvertretung (district councils) are elected in the 23 municipal districts, which in turn each elect a district head. In Graz, district parliaments known as Bezirksräte (district councils) are elected in the 17 municipal districts, which in turn each elect a district head and his deputy.

After Christian Jachs, the incumbent mayor of Freistadt, died in August 2016, a direct election (by the people) had to be scheduled - specifically on December 4, 2016 - because no ^3⁄4 of the legislative period, i.e. 4 out of 6 years, had passed since the election, the municipal and mayoral elections in Upper Austria in the fall of 2015. In addition to the federal presidential election, no other election may actually take place on the same day. In this case, an exception was decided by the National Council in order to be able to hold the 4th ballot for BP at the same time as the mayoral election in Freistadt on December 4, 2016.

At the end of 2019, 177 of the 2096 municipalities have female mayors (8.44%, see Proportions of women in the provinces from 2015).

1. ↑ based on Kost/Wehling: Kommunalpolitik in den deutschen Ländern, 2010.
2. ↑ fG: Party that also provides candidates for the municipal council election; the mayoral candidate is list head.
3. ↑ Mandate clause: associated party must provide at least 1 mandate in the municipal council after the election.
4. ↑ All designations apply analogously to statutory cities.