Fitchburg Police and Fire Commission Initial Hearing on Mims Complaint - October 6, 2026

On October 6, 2026, the Fitchburg Police and Fire Commission (PFC) convened at 5:10 PM for an initial hearing on a citizen complaint filed by Reginald Mims against Captain McCarthy, Captain Brown, Officer Vang, Officer Homburg, Officer Claudio Dominguez, and Sergeant Michaels. Commission President Baxter noted that Captain Hartwick and Officer Luke are no longer employed by the city and are therefore not subject to PFC jurisdiction. Attorney Harrell, representing the respondent officers, moved to dismiss the amended complaint with prejudice. After hearing argument and deliberating in closed session, the PFC voted to dismiss the complaint without prejudice and allowed Mims one additional opportunity to refile within six months.

Public Comments & Testimony

• No members of the public appeared in chambers or via Zoom, as noted during the meeting.

Discussion Items

• Attorney Harrell argued that the complaint failed to comply with PFC Rule 6.4, which requires separate charges against each respondent, and that the allegations lacked sufficient factual detail tied to specific policies. She noted the previous complaint was dismissed without prejudice about a year and a half earlier and argued Mims was using the process for discovery. She asked for dismissal with prejudice.
• Reginald Mims responded that he was not asking the commission to decide every allegation was true, but wanted the allegations heard on the evidence. He referenced the July 16, 2024 incident and said the complaint identified improper conduct including force during arrest and handcuffing, failure to intervene, supervisory conduct, statements and reports, and post-incident handling. He said he had gathered body-worn camera evidence, police reports, EMS documentation, witness information, and other records. He asked the commission to deny dismissal or allow him to amend and separate charges, noting he filed as a pro se citizen and previously submitted a two-form complaint followed by an 18-page amended complaint.
• In reply, Attorney Harrell said PFC rules must be followed and Mims had already received an opportunity to cure deficiencies after the May 21, 2025 dismissal. She argued due process and fair notice require specificity now, not at a later evidentiary hearing, and asked for dismissal with prejudice.
• During commissioner questioning, Mims was asked whether he was bringing charges or requesting investigation. He said the charges included allegations regarding police conduct and he wanted the opportunity to present evidence in support. He explained the delay by saying he was requesting records, reviewing body camera and EMS footage, pursuing an internal complaint, and handling related federal litigation, and that a key record obtained on July 27, 2026 gave him a clearer picture before refiling.
• Commissioner Pelabon asked whether Mims had taken advantage of an offer to meet with the PFC attorney from the prior hearing; Mims said he had not. Another commissioner cited the May 21, 2025 dismissal and instructions to file individual complaints against each officer. Mims said he believed his complaint was proper for a non-attorney but was willing to make any corrections the commission directed.
• The commission moved into closed session to deliberate and receive legal advice, citing Wisconsin open meetings exemptions for quasi-judicial deliberations, public employee performance/employment data, and consultation with legal counsel regarding pending litigation.

Key Outcomes

• After reconvening in open session, the PFC passed a motion to dismiss Mims's complaint without prejudice and to allow him to refile one additional time within six months, provided the refiled complaint complies with PFC rules on separate charges and specificity. The motion passed by roll call vote.
• Commission President Baxter acknowledged his procedural error in skipping agenda items 1-3, placed on the record that the meeting convened at 5:10 PM, and noted there were no public appearances. The meeting then adjourned.