Mayoral and municipal council matters; information

In the area of competence of the first mayor, the municipal council may not govern in principle, likewise the first mayor may not govern in principle into the area of competence of the municipal council.

The municipal council is responsible in principle for all matters which are not entitled to the first mayor or were transferred to a deciding committee.

In the responsibility of the first mayor fall primarily the current affairs, ie the matters that are not of fundamental importance for the municipality and no significant obligations are expected. In addition, he shall handle on his own authority the sovereign tasks assigned to the municipalities by or on the basis of a federal law in matters of defense, including the defense replacement system and the protection of the civilian population - insofar as the municipal council is not responsible for decisions under budgetary or personnel law - as well as those matters which are to be kept secret in the interest of the security of the Federal Republic or one of its Länder.

The Municipal Council may transfer to the first mayor by the rules of procedure - with certain exceptions - other matters for independent execution. For the rest, the first mayor can make urgent orders instead of the municipal council or a (deciding) committee and worry about business that cannot be postponed.

The first mayor is finally responsible for carrying out the decisions of the municipal council or its (deciding) committees. It represents also the municipality outwardly; it has the possibility of giving for the municipality legally binding declarations outwardly and/or of taking such in receipt.

All in all, the Bavarian municipal code contains only general principles about the division of responsibilities between the first mayor and the municipal council. The exact delimitation of responsibilities is usually made in the rules of procedure; it may vary from municipality to municipality depending on the size of the municipality, its budget volume or local peculiarities.

You can find out more from your municipality.