Chapter LXIX: Section 41

(1) Vacant full-time positions of mayor and executive officer must be advertised before they are filled by the commune. All applications received are to be sent to the Party delegate, who after secretly conferring with the councillors, nominates up to three candidates. In the case of an executive officer, he must give the mayor an opportunity to express his opinion of the candidate.

(2) In submitting his nominations together with all the applications, the Party delegate proceeds as follows:

1. If the vacancy concerns the position of mayor, senior executive
officer or chamberlain in cities of more than 100,000
inhabitants, the folder is sent through the supervisory authority
to the Reich Minister of the Interior.

2. In the case of the position of another executive officer in cities
of the above class and in the case of the position of mayor and
executive officer in other urban counties, the folder is sent
through the supervisory authority to the Reich governor;

3. In the case of the position of mayor and executive officer in
cities belonging to a rural county, the folder is sent through
the supervisory authority to the higher supervisory authority,
and for all remaining communes to the supervisory authority.

(3) If the proper authority concerned with the matter approves of a nomination, the commune appoints the candidate. Otherwise new nominations must be submitted. If no new nomination finds the approval of the proper authority, the latter selects a candidate, whom the commune must appoint. The same applies if nominations are not made within the period of time specified by the proper authority.

(4) Vacancies in the position of unpaid mayor or executive officer need not be advertised. The proper authority may permit a commune to proceed without advertising a vacancy in a position mentioned under (2). Otherwise the regulations given in (1) to (3) apply accordingly.

(5) Nominations are to be kept confidential until the proper authority according to (2) has made its decision. * * *

Section 45

(1) The proper authority according to Sec. 41 (2) may revoke the appointment of a mayor or executive officer until the close of their first year of office. For positions of the first category under Sec. 41(2) the Reich governor must be invited to express himself on the matter. The same applies to the Party delegate for position of the third category under Sec. 41(2); cases of disagreement require a decision of the Reich governor. * * *

Title 2

Communal Councillors