Lawrence L. Ciesemier v. Directory of Department of Public Safety

CourtMissouri Court of Appeals
DecidedAugust 15, 2023
DocketWD85770
StatusPublished

This text of Lawrence L. Ciesemier v. Directory of Department of Public Safety (Lawrence L. Ciesemier v. Directory of Department of Public Safety) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lawrence L. Ciesemier v. Directory of Department of Public Safety, (Mo. Ct. App. 2023).

Opinion

MISSOURI COURT OF APPEALS WESTERN DISTRICT

LAWRENCE L. CIESEMIER, ) ) Appellant, ) ) v. ) WD85770 ) DIRECTOR OF DEPARTMENT OF ) PUBLIC SAFETY, ) Filed: August 15, 2023 ) Respondent. )

APPEAL FROM THE CIRCUIT COURT OF COLE COUNTY THE HONORABLE BRIAN K. STUMPE, JUDGE

BEFORE DIVISION ONE: GARY D. WITT, CHIEF JUDGE PRESIDING, MARK D. PFEIFFER, JUDGE, AND ANTHONY REX GABBERT, JUDGE

Lawrence Ciesemier appeals from the circuit court’s judgment affirming the

disciplinary order of the Director of the Department of Public Safety (“Director”) revoking

his peace officer license. He contends the Director abused her discretion in revoking his

license because the severity of the discipline was unreasonable compared to the nature of

his conduct. For reasons explained herein, we affirm.

FACTUAL AND PROCEDURAL HISTORY

Ciesemier is a licensed peace officer and at the time in question was a reserve deputy

with the Adair County Sheriff's department. On November 24, 2018, he saw three hunting dogs on his property. Two of the hunting dogs wore electronic tracking collars. Ciesemier

approached the dogs and removed the electronic tracking collars from both dogs without

permission from the dogs’ owner. After Ciesemier removed the electronic tracking collars

from the two dogs, he smashed one of the collars with a hammer so the tracker would stop.

When the dogs’ owner attempted to retrieve his dogs and told Ciesemier, “I’m just looking

for my dogs,” Ciesemier responded, “I don’t care what you are doing. Get off my land.”

On November 28, 2018, an Adair County Sheriff’s Department deputy investigating

the removal of the electronic dog collars spoke with Ciesemier. Ciesemier told the deputy

that he had removed only one dog collar so that he could talk to the dogs’ owner. He denied

removing both dog collars.

The Director filed a complaint with the Administrative Hearing Commission (“the

Commission”) asserting cause to discipline Ciesemier’s peace officer license. The Director

alleged that Ciesemier committed three crimes: (1) removal of an electronic dog collar, in

violation of section 578.028 1; (2) property damage, in violation of section 569.120; and (3)

tampering with evidence, in violation of section 575.100. The parties submitted a joint

stipulation to the facts stated above, and they agreed that Ciesemier committed the three

crimes alleged in the complaint and that cause existed to discipline his license.

In August 2020, the Commission entered a consent order by agreement of the

parties, adopted the stipulated facts, and found cause for discipline. The Director held a

disciplinary hearing to determine the appropriate sanction to be imposed on Ciesemier's

1 All statutory references are to the Revised Statutes of Missouri 2016, as updated by the 2020 Cumulative Supplement.

2 license. Ciesemier testified that he and his wife own 160 acres of land in Adair County,

which they bought in November 2017. He is a practicing physician and is employed as a

department chair and professor at a college of osteopathic medicine. He became a peace

officer in 2008 and was commissioned as a reserve deputy with the Adair County Sheriff’s

Office in 2010. Before this complaint, Ciesemier had never had his license disciplined,

revoked, or put on probation.

Ciesemier testified that, in the year that he had owned the property prior to

November 2018, he had become frustrated with coyote hunters allowing their dogs to run

on his property on a continual basis and hearing them fire their weapons in the vicinity of

his property sometimes late at night. Ciesemier admitted that destroying the two dog

collars on November 24, 2018, was “the wrong thing to do,” but he testified that he did so

out of frustration and out of “concern for [his] family’s safety” after hearing gunshots at

night on or near their property.

Ciesemier admitted that he lied on November 28, 2018, when he told the deputy—

whom he had worked with “many times in the past” and knew well—that he had taken off

only one of the collars. He said that he lied to the deputy because he knew what he had

done was wrong, and he was embarrassed to admit it to “a fellow officer next to me who I

had been with before.” Over a year later, on December 18, 2019, Ciesemier called the

deputy and apologized for lying to him on November 28, 2018. He admitted to having the

second dog collar and to destroying it. Ciesemier testified that he paid the owner for the

destroyed collar.

3 After the disciplinary hearing, the Director adopted the Commission’s findings of

facts and found additional facts. Specifically, the Director found that the offenses occurred

about one year after Ciesemier purchased the property; that he had experienced problems

with dogs and hunters immediately after purchasing the property; that he did not contact

either law enforcement or the dogs’ owners to prevent the dogs from coming onto his

property; that he knew property damage and tampering with evidence were crimes when

he committed them; that he lied to the deputy because he was embarrassed; and that, as a

peace officer, he was expected to act with integrity and maintain professionalism in

difficult situations. Based on these findings, the Director entered an order revoking

Ciesemier’s peace officer's license.

Ciesemier appealed the Director’s decision to the Cole County Circuit Court, which

affirmed the Director’s decision. He now brings this appeal. 2

STANDARD OF REVIEW

“In an appeal from the circuit court’s review of an administrative agency's decision,

this court reviews the agency’s decision, not the decision of the circuit court.” Kubiak v.

Mo. State Bd. of Nursing, 667 S.W.3d 230, 234 (Mo. App. W.D. 2023) (citation omitted).

We determine whether the agency’s actions “are authorized by law, and in cases in which

2 The Director asks this court to dismiss Ciesemier’s appeal for Rule 84.04 violations, namely, that he failed to identify the challenged administrative ruling in his point relied on and failed to include a preservation statement in his brief. “Despite this flagrant disregard of the rules, the policy of the appellate courts in this State is to decide a case on the merits rather than technical deficiencies in the brief.” Jefferson City Apothecary, LLC v. Mo. Bd. of Pharmacy, 499 S.W.3d 321, 326 (Mo. App. W.D. 2016) (citation omitted). Because we can discern the administrative ruling that Ciesemier is challenging and that it was, in fact, preserved, we exercise our discretion and review his appeal on the merits.

4 a hearing is required by law, whether the same are supported by competent and substantial

evidence upon the whole record.” Id.; Mo. Const. art. V, section 18. We will affirm the

agency’s decision unless it:

(1) Is in violation of constitutional provisions;

(2) Is in excess of the statutory authority or jurisdiction of the agency;

(3) Is unsupported by competent and substantial evidence upon the whole record;

(4) Is, for any other reason, unauthorized by law;

(5) Is made upon unlawful procedure or without a fair trial;

(6) Is arbitrary, capricious or unreasonable;

(7) Involves an abuse of discretion.

Section 536.140.2. “We will not substitute our judgment for that of the

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