A Mansfield city alderman remains in jail and continues to receive an $800 monthly paycheck.
Roy Jones was jailed in March for fighting with law enforcement officers after refusing an order to leave a public building.
District Attorney Gary Evans said an elected official can only be forced out of office when he or she is convicted of a felony offense.
Jones reportedly has unrelated felony offenses pending. He was ordered to remain without bond after probation violation on four counts of theft.
He admitted to stealing more than $20,000 from the Council of Aging while his wife served as executive director.