Mayoral and municipal council matters; information

In principle, the municipal council may not interfere in the area of competence of the first mayor, nor may the first mayor interfere in the area of competence of the municipal council.

In principle, the municipal council is responsible for all matters that are not the responsibility of the first mayor or have been delegated to a decision-making committee.

The first mayor is primarily responsible for day-to-day matters, i.e. matters that are not of fundamental importance to the municipality and do not give rise to any significant obligations. In addition, the mayor is responsible for the sovereign tasks assigned to the municipalities by a federal law or on the basis of a federal law in matters of defense, including the military reserve system and the protection of the civilian population - unless the municipal council is responsible for budgetary or personnel decisions - as well as matters that must be kept secret in the interests of the security of the Federal Republic of Germany or one of its states.

The municipal council may - with certain exceptions - delegate further matters to the first mayor for independent handling by means of the rules of procedure. In addition, the first mayor can issue urgent orders in place of the municipal council or a (decision-making) committee and deal with business that cannot be postponed.

Finally, the first mayor is responsible for implementing the resolutions of the municipal council or its (decision-making) committees. He also represents the municipality externally; he has the power to make legally binding declarations to the outside world on behalf of the municipality or to receive such declarations.

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

You can find out more from your municipality.