MONTGOMERY, Ala. – Gov. Kay Ivey on Thursday asked for the resignation of Kent Davis, the commissioner of the Alabama Department of Veterans Affairs, and removed a member of the board, John Kilpatrick, that oversees the department.
Ivey’s actions follow Davis’ filing last month of an ethics complaint against fellow state agency leader Kim Boswell of the Alabama Department of Mental Health. The Alabama Ethics Commission last week said the unsubstantiated claims didn’t constitute a violation of the law and dismissed them.
“Ample cause exists for your removal as commissioner,” Ivey wrote. “For example, your agency mishandled an ARPA grant program by, among other things, proposing — on a substantially delayed basis — uses of grant funds that would be ineligible under U.S. Treasury rules and regulations and/or state law or policy. This put in jeopardy the State of Alabama’s ability to fulfill its obligations under ARPA and your agency’s ability to most effectively serve veterans.
“It thus seriously calls into question your ability to secure ‘additional services’ for Alabama veterans and to ‘cooperate with all other heads of the state departments’ as are your duties under state law.”
Ivey told Davis if he submits his resignation by 5 p.m. today, he can stay in the role until the end of the month. He’s been in the position since 2019.
Board member Kilpatrick was at the center of the ethics complaint filed by Davis. It 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 Kilpatrick at an opioid settlement meeting.
However, ADN’s reporting on the matter showed that 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.
Last week, Ivey called the complaint “entirely frivolous.” Boswell is a member of Ivey’s cabinet. Davis is appointed by the veterans board, which Ivey leads.
Last month, Davis told ADN that he had some reservations about the complaint but was eventually compelled by his board and state law to submit it.
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.
Sen. Andrew Jones, R-Centre, the chair of the Senate committee on veterans and military affairs, told ADN Thursday that he trusted Ivey’s decision to call for Davis’ resignation.
“I’m confident that Governor Ivey is making the decision she thinks is best for our state,” Jones said. “Ultimately, serving Alabama ‘s veterans is what is most important. I look forward to working with whoever is selected to serve in these roles.”
Alabama Daily News has reached out to the Alabama Department of Veterans Affairs for a comment but has yet to receive a response.
Ivey’s office said it had not heard from Davis as of 5:00 Thursday and that the governor was prepared to “take further action.”
“I am disappointed Commissioner Davis did not have the decency to respond and therefore, did not choose to do the right thing for the future of the Alabama Department of Veterans Affairs and veterans statewide,” Ivey said. “I am prepared to take further action.”
I support @GovernorKayIvey 100%. A change in leadership at the Alabama Department of Veterans Affairs is in the best interest of our state’s veteran population. https://t.co/xT1FD5SB6W
— Nathaniel Ledbetter (@RepLedbetter) September 5, 2024
ADN’s Alexander Willis contributed to this report. This story will be updated.