1. Councillors

1.1 The Council is composed of 61 councillors elected every four years. Councillors are democratically accountable to residents of their electoral division. The overriding duty of councillors is to the whole community, but they have a special duty to their constituents, including those who did not vote for them.

1.2 Councillors have to agree to follow a code of conduct to ensure high standards in the way they undertake their duties. The Constitution and Ethics Committee trains and advises them on the Code of Conduct.

1.3 All councillors meet together as the Council. Meetings of the Council are normally open to the public. Here councillors decide the Council’s overall policies and set the budget each year. The Council allocates seats on committees, considers items referred from the Strategy, Resources and Performance Committee and makes appointments of Chief Executive, executive directors and service directors (through a Staffing and Appeals Committee).

1.4 Section F of the constitution contains further information related to Councillors, while Section C contains further information on Full Council.

2. Committees

2.1 The Council shall establish a number of committees in order to undertake its functions in a more efficient way. These are divided into four categories, Policy and Service Committees; Regulatory Committees; Joint Committees and other committees. In some cases, the law requires the Council to establish a committee and stipulates the way it shall operate. However, in most cases Full Council may decide on the size, terms of reference and membership of its committees.

2.2 Section D of the constitution contains further information on the committees.

3. The Council's Staff

3.1 The Council has people working for it (called ‘officers’) to give advice, implement decisions and manage the day-to-day delivery of its services. Some officers have a specific duty to ensure that the Council acts within the law and uses its resources wisely. A Code of Practice governs the relationships between officers and members of the Council.

3.2 Section G of the constitution contains further information related to officers.

4. Decision Making

4.1 Committees are responsible for most major decisions. They comprise up to fifteen councillors. When major decisions are to be discussed or made, these are published in the Council’s Forward Plan insofar as they can be anticipated. If these major decisions are to be discussed with Council officers at a meeting of a committee this will generally be open for the public to attend, except where personal or confidential matters are being discussed. The committees have to make decisions which are in line with the Council’s overall policies and budget. If they wish to make a decision which is outside the approved budget or Policy Framework this must be referred to the Council as a whole to decide.

4.2 The Council shall issue and keep up to date a record of what part of the Council or individual has responsibility for particular types of decisions or decisions relating to particular areas or functions. This record is set out in Part C (Full Council), Part D (Committees) and Chapter G2 (Scheme of Delegations to Officers) of the Constitution.

Principles of Decision Making

4.3 All decisions of the Council, or taken by or on behalf of the Council, will be made in accordance with the following principles:

(a) Action taken must be proportionate to the desired outcome;

(b) Professional advice from officers must be considered;

(c) Respect for human rights, in line with equalities and human rights legislation, must be demonstrated;

(d) There must be a presumption in favour of openness, in line with the Freedom of Information Act 2000;

(e) There must be a clear aim and desired outcome; and

(f) Alternative options must be considered alongside documented reasoning behind the decision made.

Types of Decision

4.4 There are three types of decisions:

(a) Decisions reserved to Full Council. Decisions relating to the functions listed in Chapter C1 (Role of Full Council) of this constitution shall be made by the Full Council and not delegated.

(b) Key Decisions. A key decision is one which:

(i) Results in the Council incurring expenditure or making savings, in a single transaction or a related series of transactions, in excess of £500,000; and/or

(ii) Is significant in terms of its effect on the community living or working in an area of Cambridgeshire.

(c) Other decisions.

Decision Making by the Full Council

4.5 Subject to Section 4.7 of this chapter, the Council meeting shall follow the Council Procedure Rules set out in Chapter C2 (Council Procedure Rules) of the Constitution when considering any matter.

Decision Making by Committees and Sub-Committees Established by the Council

4.6 Subject to Section 4.7 of this chapter, Council committees and sub-committees shall follow the Committee Procedure Rules set out in Chapter D2 (Committee Procedure Rules) of the Constitution when considering any matter.

Decision Making by Council Bodies Acting as Tribunals

4.7 The Council, a councillor or an officer acting as a tribunal or in a quasi-judicial manner or determining/considering (other than for the purposes of giving advice) the civil rights and obligations or the criminal responsibility of any person shall follow a proper procedure which accords with the requirements of natural justice and the right to a fair trial contained in Article 6 of the European Convention on Human Rights.

5. Finance, Contracts and Legal Matters

Financial Management and Contracts

5.1 The management of the Council’s financial affairs, including the letting and management of contracts, will be conducted in accordance with the Financial and Contract Procedure Rules set out in Chapter G6 (Scheme of Financial Management) and Chapter G7 (Contract Procedure Rules) of the constitution.

Legal Proceedings

5.2 The Monitoring Officer is authorised to institute, defend or participate in any legal proceedings in any case where such action is necessary to give effect to decisions of the Council or in any case where the Service Director of Legal and Governance considers that such action is necessary to protect the Council’s interests.

Authentication of Documents

5.3 Where any document is necessary to any legal procedure or proceedings on behalf of the Council, it will be signed by the Service Director of Legal and Governance or any other person they have authorised, unless any enactment otherwise authorises or requires, or the Council has given requisite authority to some other person.

Common Seal of the Council

5.4 The common seal of the Council will be kept in a safe place in the custody of the Service Director of Legal and Governance. A decision of the Council, or of any part of it, will be sufficient authority for sealing any document necessary to give effect to the decision. The common seal will be affixed to those documents which in the opinion of the Service Director of Legal and Governance should be sealed. The affixing of the common seal will be attested by the Service Director of Legal and Governance or some other person they have authorised.

[Chapter A2 (How the Council Operates) was last amended on 11 February 2025]

Part A - The Constitution and How the Council Operates