By TODD STACY AND MARY SELL, Alabama Daily News
MONTGOMERY, Ala. – The Alabama Ethics Commission this week dismissed an ethics complaint filed against Mental Health Commissioner Kim Boswell, saying the unsubstantiated claims didn’t constitute a violation of the law.
The complaint, filed earlier this month by Department of Veterans Affairs Commissioner Kent Davis, alleged that Boswell, along with staff and lobbyists, improperly killed an inter-agency veterans services agreement because of comments critical of the Mental Health Department made by an ADVA board member at an opioid settlement meeting.
However, ADN’s reporting on the matter showed that the board member in question, John Kilpatrick, never spoke at that meeting. It also showed that Kilpatrick’s non-profit Vets Recover clinic in Mobile stood to benefit from the funds in dispute.
In a letter to Boswell, Ethics Commission Executive Director Tom Albritton said the complaint, even if proven true, did not constitute violations of the law.
“The Commission is only authorized to investigate when a report, on its face, alleges facts which if true, would constitute a violation of the Ethics Act,” Albritton wrote.
“After a review of the information, we have determined that the complaint fails to satisfy the requirements for our consideration, and accordingly, we are closing our file on this matter.”
Asked about the dismissal, Gov. Kay Ivey called the complaint “entirely frivolous.” Boswell is a member of Ivey’s cabinet. Davis is appointed by the veterans board, which Ivey leads.
“I appreciate the swift handling of this case and am grateful that the complaint was recognized for what it is – entirely frivolous,” Ivey said in a statement. “We have important work to continue doing, and I want to see nothing get in the way of us remaining focused on the thing that truly matters here – improving veterans’ mental health care.”
Boswell thanked the Ethics Commission for its “judicious handling” of the matter.
“I am humbled by the support I’ve received from so many, especially Governor Kay Ivey,” Boswell said in a statement to ADN. “I am glad this matter is resolved and am fully focused on the work to address the mental health needs of all Alabamians, including veterans.”
Contacted about the development, a spokesman for the Department of Veterans Affairs said he had not seen the letter and they appreciate the work of the Ethics Commission.
The ethics complaint was first reported by Mobile-based Lagniappe. The outlet received a leaked copy of the complaint that alleged Boswell “colluded” with other state officials to keep the veterans affairs department from getting about $7 million in American Rescue Plan Act funds. The complaint, a copy of which Alabama Daily News later obtained, also accuses Boswell and lobbyists of trying to “kill” a bill to create a state-run system of mental health care for veterans. A lesser version of the bill did become law this spring.
Ethics complaints and proceedings are secret. Leaking them could be criminal under certain circumstances.