Electoral officer
An election officer is a senior civil servant of a municipality , city , district or other corporation , institution or foundation under public law who is appointed by election .
Position and choice
Among the municipal election officials include district administrators , mayor and mayor and councilors and district councils. The full-time official director takes on a special role , since he is treated like a municipal electoral officer, but in the narrower sense he is not, because the offices are not local authorities. In Bavaria there is also the institute of the "professional city council" to distinguish it from the honorary members of the electoral body.
Local electoral officers who are to become heads of a regional authority are elected temporarily and, depending on state law, directly by the people or by the responsible representative bodies (local council, district council). The municipal electoral officers who are to lead departments (councilors, professional city councilors) are always elected by the representative body.
tasks
District administrators and mayors are the heads of the entire administration of their local authority. The department heads lead individual departments of these administrations. In the self-government affairs of the municipalities, the practical function of the municipal electoral officers is to form an interface between the work of the administration and the decisions of local politics (district council, city council, local council). As the head of administration or a department, you prepare the resolutions of the representative body and ensure that the administration executes the resolutions. They take part in the meetings of the representative body and its committees with the right to speak.
The so-called transferred sphere of activity (administrative tasks delegated by the state or federal government to the municipality) are administered by the electoral officers without legally binding specifications from the district council, the city council or the municipal council. However, it is customary to inform the city representatives or the municipal council and their committees about important administrative projects in the area of the transferred sphere of activity.
Civil service position
The legal framework, especially for the municipal electoral office, is controversial as it is subject to both civil service and municipal law regulations. In particular, the question of whether Article 33 (2) of the Basic Law and thus the competitor lawsuit also apply to municipal electoral officials is controversial. According to the prevailing literary opinion, the electoral act supersedes the constitutional principle of the selection of the best according to the performance principle, in the case law a claim to the applicant procedure is recognized, which at least allows the legal examination of the procedural regulations in the advertisement and pre-selection.
Once appointed, electoral officers are subject to the relevant civil service laws .