Dixon's law officer's license revoked

Osage County sheriff has 30 days to appeal

Missouri's Public Safety department revoked Osage County Sheriff Michael Dixon's peace officer's license Monday.

Under state law: "No person shall be eligible for the office of sheriff who does not hold a valid peace officer license."

He has 30 days to appeal the decision by Andrea Spillars, the department's deputy director. That appeal can be filed either in the Cole County circuit court, because the Public Safety department is in Jefferson City - or in the Osage County circuit court, because Dixon lives in Belle, where he was the city marshal before being elected sheriff in November 2012.

Neither Dixon nor his attorneys responded to a request for a comment for this story.

Spillars' decision followed a nearly three-hour hearing six weeks ago, where a number of people told Spillars that Dixon should not lose his license - even though he pleaded guilty last summer to harassment - a misdemeanor criminal charge. And his attorneys had argued Dec. 15 that Dixon should get either probation or no disciplinary action at all.

Former Phelps County Prosecutor John Beger - elected a circuit judge last November - was named as a special prosecutor in the case. He originally charged Dixon with a felony - taking a motor vehicle (a four-wheeler) without the owner's permission - and several misdemeanor counts of sexual misconduct, third degree assault, stalking and harassment.

All the charges followed incidents over a couple of days in June 2013, less than six months after Dixon took office as the Osage County sheriff on Jan. 1.

As part of the plea deal offered in June 2014, and accepted by St. Louis County Judge Richard C. Bresnahan on July 1, Dixon admitted to being involved in actions involving a Belle city deputy identified in court records only as C.M. - including making "repeated phone calls to C.M., as well as repeated comments of a suggestive or sexual nature and touching or striking her genital area with a flashlight."

Also as part of the plea agreement, the felony charge was dropped. Had Dixon been convicted of that felony, he would have lost his job immediately, because state law also says: "No person shall be eligible for the office of sheriff who has been convicted of a felony."

The Peace Officer Standards and Training (or POST) law allows the Public Safety director "to discipline any peace officer licensee who:

"(1) Is unable to perform the functions of a peace officer with reasonable competency or reasonable safety as a result of a mental condition, including alcohol or substance abuse;

"(2) Has committed any criminal offense, whether or not a criminal charge has been filed;

"(3) Has committed any act while on active duty or under color of law that involves moral turpitude or a reckless disregard for the safety of the public or any person ..."

That law and the details of the charges and Dixon's plea bargain all were part of the official record presented to Spillars.

But state law prohibits the department from releasing any information about a law officer's license other than the licensee's name, license status and commissioning status, so Public Safety spokesman Mike O'Connell wasn't able to answer other questions and no written ruling explaining Spillars' decision was available.

The revocation is effective immediately, but it's not clear whether Dixon can continue serving as sheriff if he files an appeal within the 30-day period.

Under an old state law, the county prosecutor became sheriff temporarily, until the county commission could name a new sheriff.

But that changed with the POST licensing requirement.

Now the law says: "Whenever from any cause the office of sheriff becomes vacant, the same shall be filled by the county commission."

And, because it's more than nine months until the next general election in November 2016, the commissioners also must "immediately order a special election" and the commission's interim sheriff would serve only "until the person chosen at such election shall be duly qualified."

But either Prosecutor Amanda Grellner for the Osage County Commission, or Attorney General Chris Koster for the state, may have to go to court to force Dixon from the office.

Neither Grellner nor Koster's office would comment on that option Monday.

Jeff Haldiman of the News Tribune staff contributed information used in this story.

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