Q An employee of the sheriff’s department was recently elected alderman in a city in the county. May she serve in both capacities simultaneously?

A It depends on the employee’s job duties and authority with the sheriff’s office. A person may not perform a function at the core of power properly belonging to two different branches of government (MS Constitution Article 1 Section 2). An alderman exercises core powers within the legislative branch. If the employee also has law enforcement authority, then she is exercising core powers within the executive branch, and may not hold both offices. (Attorney General’s Opinion to Smith, July 26, 2013)