Dixon challenges license revocation

Osage County Sheriff Michael Dixon has appealed the state Public Safety department decision to revoke his law officer's license.

Dixon's lawyer filed several documents Wednesday night in the Cole County Circuit Court - including a motion for an immediate stay blocking the revocation decision.

Although Dixon lives and works in Osage County, the appeal was filed in Jefferson City because the Public Safety department is located and released its revocation decision in Cole County.

The case was assigned to Circuit Judge Jon Beetem, and a hearing was scheduled for 2 p.m. today.

State law prohibits the department from giving any specific reasons for the decision to revoke Dixon's license.

But the documents Dixon's lawyer, Kevin Dolley of St. Louis, filed with the court Wednesday night address the allegations used during Dixon's Dec. 15 disciplinary hearing.

Phelps County Prosecutor John Beger - assigned as a special prosecutor in the case, and now a circuit judge - charged Dixon in 2013 with one felony charge of tampering with (stealing) a vehicle on June 26, 2013, and four misdemeanor charges including first-degree sexual misconduct or - in the alternative - third-degree assault, harassment and stalking.

After the case was moved to St. Louis County on a change of venue, Dixon agreed to a plea deal where he pleaded guilty to harassment and the other charges were dropped. But, Beger told reporters last summer: "In pleading guilty, he entered a plea to the conduct that was alleged in the other charges."

St. Louis County Circuit Judge Richard C. Bresnahan, assigned as a special judge in the case, accepted Dixon's plea, suspended imposing any sentence and placed Dixon on two years probation.

Conditions of that probation included: submitting to drug and alcohol testing at any time; having no contact with either of the victims in the case, whether directly or through a third party; never mentioning either victim's name publicly, privately or online; taking sexual harassment counseling; and never denying or retracting his guilty plea in any public, private or online conversation.

The Peace Officer Standards and Training (POST) law that requires law officer licensing also 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 ..."

But, in this week's appeal filed with the Cole County court, Dolley said Dixon denies the events behind the charges and guilty plea.

The sheriff denies that, between Oct. 1, 2012, and June 26, 2013, he purposely disturbed a Belle police officer by making repeated phone calls to her as well as repeated comments of a suggestive or sexual nature, and touching or striking her genital area with a flashlight.

While Dolley said his client admits to entering the guilty plea, Dixon denies any wrongdoing in association with the facts underlying the plea arrangement. Dolley said Dixon also denies that the plea arrangement provided any basis for disciplining or revoking Dixon's peace officer's license.

Dolley also argued Dixon would be irreparably harmed without a stay, but others wouldn't be harmed if a stay is granted.

He pointed to the December hearing before Public Safety Deputy Director Andrea Spillars, noting the testimony of eight people a who said Dixon "is an asset to the Osage County community."

The Osage County Commission adopted two resolutions Tuesday in an effort to get Dixon to leave office - either resign or face an ouster lawsuit, which would have to be filed in Osage County, but could be asked for by the county commission, the attorney general's office for the commission or the attorney general's office itself.

If Dixon had been convicted of the felony stealing charge, he would have lost his job immediately because state law says: "No person shall be eligible for the office of sheriff who has been convicted of a felony."