Duties of the Sheriff
The office of the sheriff is bound by law to fulfill specific duties. These duties
are held in the state constitution and the laws of Georgia. This page is a synopsis
of those responsibilities. Some duties are shared by other agencies. In Cobb, certain
aspects are not realised due to the "make-up" of the county. For instance, Georgia
law requires the sheriff to assist the Department of Agriculture regarding cotton
crops, such has not been an issue in our county for some years.
In Cobb county, there are departments organised under the auspices of the Board of
Commissioners that perform some of these responsibilities. The statutes charge specifically
these law enforcement agencies in addition to the sheriff of the county. For instance,
the sheriff is required to assist in the enforcement of the laws pertaining to "dangerous
dogs." Cobb County Animal Control holds the primary responsibility for this enforcement.
However, the Sheriff's Office stands ready and able to fulfill its obligation as necessary.
The duties of the sheriff are:
To execute and return all processes and orders of the courts. This includes but not limited to:
Service of certiorari petition and writs O.C.G.A. 5-4-3
Summons O.C.G.A. 9-11-4
Summons for trial jurors and grand jurors O.C.G.A. 15-12-65 & O.C.G.A. 15-12-66
Scire facias O.C.G.A. 9-12-63
Fieri facias O.C.G.A. 15-9-62
Garnishments O.C.G.A. 48-3-12
Dispossessories
Governor's warrants O.C.G.A. 17-13-5
the execution and retention of protective orders O.C.G.A. 19-13-4 To attend, by himself or his deputy, all sessions of the superior court and all sessions of the probate court whenever required by the judge thereof. To attend, by himself or his deputy, the place or places of holding elections, from the opening to the closing of the polls, to preserve order. Conduct sales of levied property and return proceeds to court O.C.G.A. 9-13-161, O.C.G.A. 44-11-14 To publish sales, citations, and other proceedings as required by law. Furthermore, all newspapers carrying the official advertisements of the sheriff must be retained and available for the courts. To receive, confine, feed, and care for all persons charged with violations of county ordinances, or indictable offences, or otherwise confined to jail O.C.G.A. 42-4-4 Maintain a record of all persons committed to the jail O.C.G.A. 42-4-7 To receive, transport, and maintain custody of incarcerated individuals for court O.C.G.A. 24-10-60 To formulate professional bonding company policies, approve and monitor transactions of the bonding companies. O.C.G.A. 17-6-15 To define surety regulations, determine acceptability of surety, and process arrest bonds O.C.G.A. 17-6-15 To serve all papers, subpoenas, and processes as required for:
the commissioner of the Department of Agriculture O.C.G.A. 2-7-29.
the Department of Banking and Finance O.C.G.A. 7-1-1009
the Secretary of State in relationship to investigations under its purview O.C.G.A. 10-14-15
the State Board of Elections O.C.G.A. 21-2-33
the Department of Revenue O.C.G.A. 48-3-1 the Board of Dentistry O.C.G.A. 43-11-13
the Department of Community Health O.C.G.A. 48-9-15 the county board of registrars O.C.G.A. 21-2-228 the county board of commissioners, specifically where subject resides outside of county boundary O.C.G.A. 36-5-26 the county tax commissioners office O.C.G.A. 48-3-3 the governing authority of municipalities within the county where subjects reside outside of jurisdictional boundary O.C.G.A. 36-34-2 To levy against property where ordered by the court or accept bond in lieu of. To assist the county dog officer in the enforcement of the dangerous dog laws. O.C.G.A. 4-8-25 To cooperate with the probate court and Department of Agriculture with the seizure and forfeiture of illegally operated fuel pumps. O.C.G.A. 10-1.159 The sheriff may serve as constables to the magistrate court O.C.G.A. 15-10-27 Where deemed necessary by the court, maintain custody of jurors O.C.G.A. 15-12-171 To fulfill and enforce the laws governing the operation of raffles O.C.G.A. 16-12.22.1 Confiscate and destroy any illegal gambling devices O.C.G.A. 16-12-30 Confiscate and destroy any property used in connection with racketeering O.C.G.A. 16-14-7 To perform such other duties as are or may be imposed by law to the office of sheriff. O.C.G.A. 15-16-10 To exercise the same duties, powers, and arrest authority within municipalities as in the unincorporated areas O.C.G.A. 15-16-10 Appoint a representative to the Child Abuse Protocol Committee. Empowered by O.C.G.A. 19-15-2
The sheriff, or designated representative, is a member of the Child Fatality Review Committee. Established by O.C.G.A. 19-15-3
Together, with the probate judge and clerk of superior court, determine the official organ of the county. Impound any livestock running at large or straying. O.C.G.A. 4-3-4 Shall be bound by the rule and order of the courts, even after retirement O.C.G.A. 15-13-8 Assist the state fire commissioner, as requested, in the assembling of evidence of criminal acts involving fire O.C.G.A. 25-2-35 Confiscation and destruction of fireworks O.C.G.A. 25-10-6 Seizure of any wildlife in violation of the state's wildlife laws. O.C.G.A. 27-1-21 Enforcement of the laws pertaining to the Department of Natural Resources O.C.G.A. 52-7-25 Perform criminal background checks for employment purposes as required by law:
Nursing home employees O.C.G.A. 31-7-351 To define the process and register all bail recovery agents operating within the county O.C.G.A. 17-6-58 & O.C.G.A. 17-6-56 Take custody of individuals with contagious tuberculosis causing an imminent danger to the public. O.C.G.A. 31-14-5 & O.C.G.A. 31-14-7 & O.C.G.A. 31-14-11 Inquire into the truth of allegations about nonresident property owners where the property is being condemned O.C.G.A. 32-3-9 File a return with the grand jury regarding the county monies received and expenditures for the agency. O.C.G.A. 36-1-7 The keeping of all courthouses, jails, public grounds, and other county property O.C.G.A. 36-9-8 Render extraterritorial assistance to other law enforcement agencies O.C.G.A. 36-69-3 Approve any mutual aid agreements for local emergency services as prescribed under the Georgia Mutual Aid agreement O.C.G.A. 36-69-3.1 Under court direction, the sheriff is to transport mental health patients O.C.G.A. 37-3-101 Under court direction, the sheriff is to transport habilitating mental retardation patients O.C.G.A. 37-4-61 The sheriff, judge, or mayor of a muncipality are required to notify the governor of insurrection, riot, breach of peace, or combination to oppose enforcement of law by force of violence. This is the prelude to activation of the state's organised miltia. O.C.G.A. 38-2-6 Execute processes and mandates created by the military courts O.C.G.A. 38-2-441 Execute and collect fines and penalties assessed through Georgia courts-martial O.C.G.A. 38-2-441 Endorse applications for delinquent vehicles O.C.G.A. 40-2-40 Create police reports for loss, mutilated, or stolen license plates or revalidation decals O.C.G.A. 40-2-44 Maintain and keep current a list of specially issued license plates for:
National Guard members O.C.G.A. 40-2-66 Amateur radio station licensees O.C.G.A. 40-2-75 Receive the complaints of altered, mutilated, or destroyed motor vehicle identification markings O.C.G.A. 40-4-41 Work traffic accidents involving injury, death, or property damage greater than $500.00 are to notify the sheriff O.C.G.A. 40-6-273 File a monthly report with the Department of Motor Vehicle Safety regarding any death related to a traffic accident O.C.G.A. 40-6-277 Must approve any regional jail for the said county O.C.G.A. 42-4-93 Coordinate delivery of incarcerated individuals to probation boot camps O.C.G.A. 42-8-35.1 The sheriff, superior court judges, and the district attorney have approval in the establishment of a pretrial release and diversion program of the Department of Corrections O.C.G.A. 42-8-80 Direct any county diversion program for child support offenders, if appropriate O.C.G.A. 42-8-130 To receive, maintain, and make available a register of all known sex offenders as prescribed by law O.C.G.A. 42-9-44.1 Receive notice of all paroled inmates O.C.G.A. 42-9-47 Maintain a register of all precious metal dealers O.C.G.A. 43-37-2 Post notices and ascertain occupant identities for land registration law compliancy O.C.G.A. 44-2-72 Satisfy warrants for removal of obstructions in a private way contract O.C.G.A. 44-9-59 May stand as a competent officer to administer oath for counteraffidavit in land disputes O.C.G.A. 44-11-30 Secure property under a writ of possession O.C.G.A. 44-14-236 To destroy any unlawful telecommunication device that has been seized O.C.G.A. 46-5-4 To participate in the 911 Advisory Board O.C.G.A. 46-5-136 To enforce the collection of taxes that may be due to the state O.C.G.A. 48-2-81 To enforce the Motor Fuel Tax Law O.C.G.A. 48-9-15