MADISON, Wis. — The Madison Police and Fire Commission says it won't dismiss a complaint against the police officer who shot and killed a man last year.

A Wisconsin State Journal report (http://bit.ly/167yvar ) says the complaint was filed by the roommates of the victim, Paul Heenan. It accuses Stephen Heimsness of violating the Madison police department's policy on the use of deadly force.

The Dane County district attorney cleared the officer of the shooting, but the police chief later sought to fire Heimsness for alleged policy violations unrelated to the shooting. Heimsness has agreed to retire or quit as of Nov. 23.

The Wisconsin Professional Police Association asked the commission to dismiss the complaint because Heimsness is no longer a Madison police officer. But the commission said Monday it continues to recognize him as an officer.