Q If an alderman has not attended a board meeting or responded to any calls since January, 2014, may the board declare the position vacant?

A No. While Section 267 of the Mississippi Constitution requires elected and appointed officials to personally devote their time to the performance of the duties of their offices, the Mississippi Supreme Court has held that a conviction of a public official is required before he can be involuntarily removed from, office pursuant to Section 175 (which provides for indictment by a grand jury for willful neglect of duty or misdemeanor in office,
and removal upon conviction). (Attorney General’s Opinion to Collins, August 8, 2014)