Is a city's Police and Fire Department (police and fire service) subject to the control of the California Fire and Rescue Service?

California, United States of America


The following excerpt is from Brown v. City of Berkeley, 129 Cal.Rptr. 1, 57 Cal.App.3d 223 (Cal. App. 1976):

9] Appellant further argues that the ordinance conflicts with Government Code section 38630 which provides that 'The police department of a city is under the control of the chief of police.' However, this section does not apply to charter cities, but to general law cities. 'It has been uniformly held that the organization, maintenance and operation of a police and fire department by a chartered city is a municipal affair and as such not subject to the control of the legislature.' (Armas v. City of Oakland (1933) 135 Cal.App. 411, 420, 27 P.2d 666, 669.) Moreover, under article

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