Part 2 of our look at the legal dispute surrounding the departure of Sun Prairie’s Sustainability Manager
Part 2: Notice of Claim Reveals Details of Legal Dispute
The abrupt departure late last year of Dr. Rose Daily, Sun Prairie’s former Sustainability and Resilience Manager, is now the subject of an ongoing formal legal dispute. A demand letter and Notice of Claim filed on December 1, 2025, on behalf of Dr. Daily—obtained by Sun Prairie Rising through a previous FOIA request—offers details about what may have happened behind the scenes following a contentious November meeting.
In the demand letter, Daily’s attorney alleges that city leadership engaged in a series of retaliatory actions after she participated in the November 4 Committee of the Whole meeting and communicated with elected officials about staffing and budget issues.
The claim names City Administrator Aaron Oppenheimer, Chief of Staff Sandy Xiong, and Interim HR Director Rose Simon-Silva as key figures involved in the events that followed.
In addition, the demand letter states that if the city does not resolve the matter within 120 days, a federal lawsuit will be filed alleging retaliation, a hostile work environment, and deprivation of rights.
As of April 1, the notice window has now closed without resolution. According to Daily’s attorney, Brent Eisberner, the city has not formally responded but has hired outside counsel, and negotiations are ongoing. Eisberner confirmed that Daily does have plans to move forward with litigation but has not filed suit as of publication.
Allegations of Retaliation
According to the initial filing, the situation escalated quickly in the days after the November 4 meeting.
Daily alleges that her performance evaluation was downgraded shortly afterward and that the change was explicitly tied to the meeting, where her supervisor was reportedly “surprised” by a proposal from City Council members to increase the Sustainability Program Coordinator role from part-time to full-time.
The letter further claims she was accused—incorrectly, according to her account—of having prior knowledge of the proposed budget amendment motion and failing to communicate it to supervisors.
The complaint outlines a series of actions that her attorney characterizes as punitive and retaliatory. A key point of contention appears to be Daily’s hybrid work arrangement.
According to the claim, when she was hired in 2023, the city approved an agreement allowing her to work remotely approximately 80% of the time, or four days per week. Daily, who lives in Waukesha to accommodate her husband’s job, was driving 120 miles round trip to Sun Prairie on days she was at City Hall.
The city allegedly attempted to modify that agreement after the November 4 meeting, increasing required in-office time to three days per week, and later threatening a full five-day requirement if she did not immediately agree to the revised schedule.
Her attorney argues those changes were not tied to job performance or operational needs, but instead were punitive.
Additional issues raised in the letter include:
• Facing repeated accusations during that meeting in the presence of HR
• Being informed of an “investigation” without prior notice or explanation
The filing describes these combined actions as creating “intolerable working conditions” that ultimately led to her departure.
Sun Prairie Rising reached out to city administrators, but they declined to comment, citing ongoing legal action. Communications Manager Ashley Manthei responded, “It is our policy not to comment publicly on matters that are in active litigation, and we generally do not address personnel issues publicly.”
Potential Legal Action
The Notice of Claim—required under Wisconsin law before suing a municipality—seeks damages exceeding $250,000, including lost wages, future earnings, emotional distress, and attorney fees.
The letter also outlines several remedies, including reinstatement of her prior work agreement, removal of negative evaluations, reassignment of supervisors, and a guarantee of no further retaliation.
However, in lieu of those demands, the letter requests a monetary settlement and severance package, including five months of pay and benefits.
What Happens Next
According to sources close to Daily, the city did not seem to make the issue a priority, with very limited, sporadic communication from third-party counsel following the claim. That resulted in the denial after 120 days, opening the door to a federal lawsuit against the city.
Negotiations with outside counsel will continue, but the timeline may make reaching a settlement challenging. “At this time, the way the timing’s working out, I don’t think negotiations will result in a resolution,” Eisberner said.
By all accounts, Daily managed a successful department, meeting or exceeding most of its environmental and financial goals. Questions remain as to how the situation deteriorated so quickly after delivering positive results.
Sun Prairie has set an example for its citizens and other communities, demonstrating how focusing on environmental concerns can benefit both the planet and the city financially.
District 3 Alder Mike Jacobs hopes that the loss of Daily, and the results of the recent referendum, are not a setback for Sun Prairie’s efforts.
“Sun Prairie has been a leader in sustainability in the state—other municipalities look to us for leadership—we have heard this frequently over the past several years. I anticipate continued incremental progress and hope to see Sun Prairie engage in some bold and effective measures.”
by Andy Schoenherr
Editor, Sun Prairie Rising
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