Former Richmond DPU director seeking $1 million, reinstatement, in lawsuit against city

RICHMOND, Va. (WRIC) -- Former Richmond Department of Public Utilities (DPU) director April Bingham is seeking $1 million in damages, and reinstatement to an equivalent position in city government, in a lawsuit filed on Monday against the city and its leaders.

Bingham's attorney filed the lawsuit on her behalf in Richmond City Circuit Court on Monday, Jan. 12, against the City, Mayor Danny Avula and former interim chief administrative officer (CAO) Sabrina Joy-Hogg.

The complaint filed in the lawsuit alleges retaliation, wrongful firing and defamation by city leaders, with Bingham seeking $1 million in damages, reinstatement to an "equivalent position within the City government," back pay, and coverage of attorney's fees and costs.

The suit stems from events that surrounded the Jan. 6 through Jan. 11, 2025, water crisis, which occurred while Bingham was DPU director, and impacted the city and surrounding counties, leaving residents with little to no water and under boil advisories for a week.

Following the water crisis, the City announced on Jan. 15 that Bingham resigned from her position, which Avula described at the time as being an "amicable separation."

City leaders said that days later, on Jan. 23, Bingham took back her resignation and was then fired.

The water crisis, from Bingham's view

Bingham reportedly returned to Richmond from vacation outside of the city on Jan. 6. On that same day, the first winter storm of the year hit, causing a power outage at the city's water treatment plant. During the power outage, the plant's backup generator also failed, leading to a loss of water pressure and the beginning of the water crisis that affected the city and surrounding counties.

Bingham claimed in the complaint that she was briefed on the issue at the plant at 10 a.m. on Jan. 6, and, within minutes, she allegedly briefed her boss, then-interim CAO Joy-Hogg, and another city leader by phone.

She alleged that she provided updates to Joy-Hogg and another city employee every 30 to 45 minutes regarding efforts at the water treatment plant.

Bingham further said she was on site at the water treatment plant from Jan. 6 through Jan. 15.

Allegations against Avula

When a locality is under a boil water advisory, Virginia law holds that once a certain level of water pressure is reached, the advisory can then be lifted only after two water samples are taken at a certain length of time apart, and both must be clear of harmful bacteria.

Bingham claimed in the complaint that on Jan. 9, Avula verbally directed staff to begin sample testing before that level of pressure was reached, allegedly violating that law.

Bingham also alleged that Avula changed multiple elements of the water testing process.

"The mayor hosted conference calls with Bingham, her laboratory staff and VDH to alter the number of sampling rounds, the number of samples in each round, and the length of testing time between sampling rounds," the complaint claimed.

Bingham further alleged that a DPU staff member is "aware of the Mayor's aggressive and unethical approach" to testing the water.

She also referenced a former city employee who she alleged is aware of Avula's "interference" with city employees by constantly roping in a VDH employee in relation to the water crisis.

Bingham's claims about her departure

Bingham claimed in the lawsuit that city leaders made false statements about her to the public after the water crisis, misrepresented her actions and fired her out of retaliation.

Specifically, the complaint alleged that Bingham's resignation was not "amicable," as Avula described, and city leaders forced her to do so, after which she was fired.

"Bingham's resignation was not amicable or voluntary, and she was not in ongoing conversation about the future of DPU leadership," the complaint stated.

City references to Bingham post-water crisis

Bingham noted that during a press conference on Feb. 14 that followed her departure and the release of the preliminary report on the water crisis, Avula said he was not in communication with Bingham, and that the city "won't be doing anything to pull her back in."

Bingham noted that during a City Council meeting on Feb. 26, Scott Morris, who was appointed to take Bingham's place after her departure, said the administration reached out to Bingham for the after-action report about the water crisis, but that she declined the offer.

Bingham claimed in the lawsuit that she was never contacted by the city.

More water issues under DPU director Scott Morris

Bingham noted in the complaint that after she was fired and the city appointed Morris to take her place, two additional water events occurred at the treatment plant -- the first involving an excess of fluoride in April and the second in which clogged filters led to a loss of pressure and another boil advisory in May.

"Yet, Scott Morris has not been forced to resign amid these subsequent water crisis nor excoriated in the public sphere," the complaint said.

2022 EPA report on water treatment plant

In 2022, the U.S. Environmental Protection Agency (EPA) inspected the water treatment plant and found a variety of troubling issues across the city's water system, including shoddy repairs to crumbling equipment.

Bingham was hired two years prior, in February 2020. She alleged she was "not aware of, nor did she attend the EPA Inspection on July 26-28, 2022," though she claimed a media outlet "blamed" her in an article for not responding to the report.

Bingham further alleged in the complaint that staff at the plant "failed to advise her" of the inspection and she discovered it when the Virginia Department of Health (VDH) asked her for an update in October 2024.

She claimed that she worked with staff and released their document to the EPA, after which Bingham said she never received a response.

Bingham alleged that the city has not corrected the record regarding her association with the EPA report.

"The City refuses to correct the record on this matter, continuing to fuel the public narrative that Bingham was not competent for her role as Senior Director," the complaint stated.

A city spokesperson provided the following statement to 8News regarding the lawsuit:

Due to pending litigation, we aren’t able to comment.  Spokesperson for the city of Richmond

8News has also reached out to Bingham's attorney for comment.