District council election Determination of grounds for exclusion

Anyone who has accepted a mandate in the district council or in the city council may not carry out an activity that is incompatible with this mandate in accordance with § 12 BbgKWahlG.

Anyone who holds a mandate in the district council of a district or in the city council of a district-free city may not work in an activity that is incompatible with this mandate.

Grounds for incompatibility are:

  • Civil servant or collective bargaining employee of the district or city administration with the exception of the district administrator or mayor
  • Civil servants or collective bargaining employees of the Land who carry out preparatory or decisive tasks of municipal, special or specialist supervision of the district
  • senior civil servants or senior salaried employees,
  • who are in the service of a municipality or an office of the district,
  • which are in the service of a special-purpose association in which the rural or urban district is part of a member body
  • which are in the service of a municipal institution under public law, in which the rural or urban district is part of a sponsoring body
  • which are in the service of a savings bank in which the rural or urban district is the guarantor together with other local authorities

Further provisions are regulated by § 12 BbgKWahlG.

If such a case of incompatibility exists, the mandate may not be accepted or the employment relationship must be terminated. Proof of termination of employment must be provided to the Returning Officer no later than four months after acceptance of the election.

Preconditions

A mandate won in the municipal election in the district council or the city council

Related Links

  • Brandenburg Municipal Elections Act

Commentary on § 12 Brandenburg Municipal Elections Act

After the final election result has been determined, the district returning officer notifies all elected candidates and asks them to inform him within one week whether they accept the mandate. At the same time, it draws attention to the fact that the mandate and professional activity are incompatible in accordance with § 12 BbgKWahlG, which must be observed.

Responsible for the content
Ministry of the Interior and Municipal Affairs
Unit 23

Last update or date of publication
24.04.2020