City Council Member's Salary Cap in Lübeck Upheld
In a ruling on Tuesday, the Schleswig-Holstein Higher Administrative Court decided that full-time municipal electoral officials, excluding the first deputy mayor or lord mayor, can only receive a maximum salary of level B4 in Schleswig-Holstein. This decision, affecting city councillors and senators in Lübeck, was announced by a court spokesperson on Wednesday.
The pay structure currently sees B4 (a base salary of 9,127.63 euros) awarded to city councillors and senators in Lübeck's five largest cities - Lübeck, Kiel, Flensburg, Neumünster, and Norderstedt, as per the municipal salary ordinance. However, the ordinance generally places other city councillors three salary groups below their corresponding mayors.
A Lübeck senator had filed a complaint, as they would otherwise qualify for B6 (a base salary of 10,248.12 euros) in Lübeck, based on the mayor's B9 (a base salary of 12,014.29 euros). This is due to Lübeck's mayor and Kiel's Mayor both receiving B9 salaries.
However, the judges in Schleswig found the current situation to be constitutional. By limiting other city councillors' and senators' salaries to B4, they aim to maintain an appropriate salary structure. A higher salary would significantly reduce the gap between them and their respective mayors. The ordinance emphasizes the crucial positions of Kiel and Lübeck's heads of administration, ensuring they do not share the same standing as district administrators of smaller districts or mayors of smaller cities.
There was no possibility of an appeal against the decision, but it can be pursued further at the Federal Administrative Court. The Lübeck senator's argument for receiving a salary beyond B4 was denied by the court, affirming the constitutionality of Schleswig-Holstein's largest municipalities' salary structure. This structure ensures that city councillors and senators, including those in Lübeck, maintain an appropriate wage difference from the mayor, as municipalities aim to preserve the significance of the municipal executive's office, particularly in major cities like Lübeck and Kiel.
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The reasoning behind limiting Lübeck senators' salaries to level B4 remains unclear in the report. However, considering the broader German context, it might be linked to legal precedents or administrative guidelines governing public officials' salaries. In Germany, mayors' salaries are typically determined by administrative regulations and court decisions, with limitations often established to ensure fairness and consistency across different roles and responsibilities. The mayor's higher salary level is likely due to their additional responsibilities, such as overseeing the entire city administration.
