Osage County Sheriff Michael Dixon still has his law officer's license.
The state Public Safety department revoked the license Monday. However, during a Friday afternoon hearing, Cole County Circuit Judge Jon Beetem stayed that action, while Dixon appeals the revocation.
That means, Dixon told reporters after a 25-minute hearing, he still has all the law enforcement officer's powers that he had when he first became sheriff on Jan. 1, 2013.
"We're committed to continuing to keep the citizens of Osage County safe," Dixon said. "We've been successful in doing that.
"Over the last year, our calls for service have actually increased 61 percent - and we feel that we've been successful in keeping the community safe, and it's my intention to fully continue to do so."
Before someone can become a law enforcement officer in Missouri, state law says people must meet the Peace Officer Standards and Training (POST) requirements, which include qualifying for a license.
Another state law says: "No person shall be eligible for the office of sheriff who does not hold a valid peace officer license."
The department revoked Dixon's license after his case was considered by the Administrative Hearing Commission and the POST Commission that approves the officers' licenses.
And their decisions came after Dixon pleaded guilty last summer to a misdemeanor harassment charge in St. Louis County circuit court, where his case had been transferred on a change of venue from Linn.
Former Phelps County Prosecutor John Beger - elected a circuit judge last November - was named as a special prosecutor in the case and originally had 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.
In urging Beetem on Friday to grant the stay and block the department's revocation of Dixon's license, lawyer Kevin Dolley of St. Louis County said: "Sheriff Dixon's livelihood is at stake here and - before a final determination as to whether or not his POST certification should be revoked - the court should be permitted the opportunity to review the evidence, the information as to what occurred, and make a determination as to whether, or not, that (revocation) decision was appropriate."
Dolley also noted, if Beetem allowed Dixon's license to be revoked, "Osage County is likely to start proceedings to remove him from office."
Either Osage County Prosecutor Amanda Grellner or the state attorney general's office could seek that ouster in what's called a "quo warranto" proceeding. However, Grellner said Friday afternoon, she doesn't think it's appropriate to seek Dixon's ouster from the sheriff's office while he's allowed to keep an active peace officer's license.
Dolley also urged Beetem to grant the stay because, if the courts determine "Sheriff Dixon is correct and that the discipline imposed was not proper - (but) he is removed from office - that is a bell that cannot be unrung later on."
Dixon's lawyer also told Beetem: "There is a substantial likelihood of harm to the public, and to Sheriff Dixon, that cannot be fixed later on if this court does not grant a stay.
"We believe that there is a very substantial likelihood that Sheriff Dixon will be successful in the appeal (because) there are a number of procedural and legal errors that both the Administrative Hearing Commission and (the) POST (Commission) committed in making the (revocation) decision."
But Assistant Attorney General Daryl Hylton told Beetem the state was willing to accept a stay of the license revocation - if Dixon "took a leave of absence from his position, pending (a decision) in this matter."
Hylton noted Dixon had "pled guilty to harassment of a fellow officer - this is not a complex factual scenario. We have a guilty plea, an admission to that fact.
"And his position in that has already harmed the area - there's a lack of trust in the sheriff, at this point."
Hylton said Dixon might not be able to testify in some cases, and "a victim may be hesitant to come and report to the (Sheriff's) department based on this. So, the question is, do we prolong that harm in that case - and I would say the public interest is in not doing so."
Beetem said the state's offer of a stay, if Dixon took a leave-of-absence, wasn't "an appropriate condition for a stay," and Dixon has a constitutional right to appeal the department's license revocation.
So,v he ordered the revocation to be stayed and scheduled a status hearing for March 20, when a hearing date for further arguments might be set.
Earlier coverage:
Osage County Sheriff Michael Dixon still has his law officer's license.
The state Public Safety department revoked the license on Monday, but Cole County Circuit Judge Jon Beetem this afternoon stayed that action, while Dixon appeals the revocation.
Beetem scheduled a status hearing on March 20, when a hearing date could be set for the appeal.
Meanwhile, Dixon retains all of the authority that he had to arrest people and use weapons as a licensed officer that he had before the revocation.
Beetem reminded Dixon he still needs to follow the conditions of his two-year probation, set when he pleaded guilty last summer to a misdemeanor harassment charge.