Documents: Former RPS facilities director was paid for six weeks after investigation due to rejected resignation
Richmond Public Schools continued to pay Bobby Hathaway, the former director of facilities for the division, for six weeks after two investigations into alleged improprieties both recommended his termination.
At issue is a resignation that Hathaway submitted on April 23, but which was later rejected. The additional pay came to light in documents newly released to The Richmonder under the state’s Freedom of Information Act, as ordered by a city judge.
The April 23 letter was followed by a May 15 letter from Patrick Herrel, the division’s chief operating officer and Hathaway’s direct supervisor.
In the letter, Herrel told Hathaway that he was recommending “you be dismissed from employment.”
Herrel offered him a form titled “Acknowledgment of Resignation in Lieu of Termination,” which would allow Hathaway to resign, but give RPS the ability to inform future employers it was in lieu of termination.
It is unclear if Hathaway signed the document.
Herrel later sent an email to Hathaway on June 3 that his previously submitted resignation “was not accepted” and that because he did not appeal the decision, his “dismissal has become final and is effective immediately.”
“Because your resignation was not accepted, you were placed back on payroll and will receive your regular pay through June 2, 2026,” he wrote.
When asked for an explanation of Herrel’s decisions, RPS Director of Communications Alyssa Schwenk said that “in May, as more information came to light and upon deep consideration of the facts, the Administration and (Superintendent Jason Kamras) determined that termination was the appropriate and necessary course of action.”
“Throughout both the investigation and the deliberation, the Administration worked to protect the rights of RPS employees, respond appropriately as information emerged, and steward our taxpayer dollars thoughtfully,” she wrote.
It is unclear exactly how much money Hathaway was making by the end of his time with the division, but he was making at least $150,000 after he was given a pay raise in May 2022, three months after a fire at Fox Elementary and four months after a Richmond Fire Department employee described Hathaway as an "ongoing roadblock" to fire department inspections at the school.
It is unclear whether Hathaway’s initial resignation was properly accepted.
Victoria A. Ifatusin
State law requires School Boards to have the exclusive final authority over employment personnel actions in a school district, including dismissals. There is no record of the School Board accepting Hathaway's resignation in a public vote.
Per RPS policy on dismissals, the superintendent can recommend a termination of an employee to the Board.
Board Chair Shavonda Fernandez (9th District) told The Richmonder in a statement on behalf of the School Board that they opted not to accept the resignation.
“The Board was made aware that there was an investigation into the allegations,” she wrote. “Upon receiving the final investigation report, the Board decided it could not accept the resignation. Given potential litigation in this matter, the Board cannot comment any further at this time.”
The Board has discussed both Hathaway and The Richmonder’s lawsuit during closed session meetings over the past two months.
Richmonder Staff
In the dismissal letter from Herrel, he wrote that it was deemed Hathaway did, in fact, misappropriate RPS funds to purchase equipment not used for schools, coerced his subordinates to commit a security breach to cover up his misuse of RPS property, and violated the terms of his administrative leave by going on school property and engaging with other employees.
Hathaway also provided false information throughout the course of the investigations, Herrel wrote.
Following The Richmonder’s reporting on the investigations, school community members spoke out during public comment at a recent Board meeting, pointing to Hathaway’s conduct as the division is grappling with budget cuts. Those cuts were exacerbated by RPS’ estimation of the finalized state budget that turned out to be lower than expected, causing an additional $8.9 million deficit.
“This continuous pattern of financial misuse is now resulting in RPS being hit harder by recent state budgetary shortcomings than other districts in the area,” said RPS teacher Jacob Neal-Helt, after listing a series of news articles highlighting internal audits showing weaknesses within the division’s procurement card process, fraud and abuse tipline and overtime pay to bus drivers.
“All I want to do today is to advocate and push for an understanding that we should have a forensic audit so that we can truly identify the ways that money is being spent in this district.”
Contact Reporter Victoria A. Ifatusin at vifatusin@richmonder.org
