Alabama Gov. Kay Ivey is calling for the resignation of Alabama Department of Veterans Affairs Commissioner Kent Davis after she alleged that the agency “mishandled” a grant program through the American Rescue Plan Act.
Ivey’s request that Davis resign was provided in a one-page letter the governor’s office sent out to the media on Thursday. The letter also states that she removed John Kilpatrick from his position as a member on the State Board of Veterans’ Affairs.
Ivey called for Davis to resign by 5 p.m. on Thursday. That did not happen, prompting the governor to release the following statement, “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. I am prepared to take further action.”
In her letter to Davis, Ivey said there was “ample cause” for his removal.”
“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,” Ivey wrote to Davis.
Ivey said the handling of the grant money “put in jeopardy” 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.”
The governor’s office did not provide specific examples to the grant programs.
Ivey also accuses Davis of failing to consult with the Office of Governor as required by Executive Order No. 726.
If Davis agreed to resign by 5 p.m. on Thursday, the resignation would have been effective by Sept. 30.
The Alabama Department of Veterans Affairs did not provide a statement on Thursday.
The governor’s request for the resignation of Davis was not discussed during the Joint ARPA Oversight committee meeting Thursday in Montgomery.
State Sen. Greg Albritton, R- Atmore, chair of the Senate General Fund committee and a member of the ARPA oversight committee, said had heard there were plans to spend ARPA funds for purposes not allowed by the ARPA regulations and that those plans were stopped before the money was spent.
“What I’m aware of is that there were concerns about how are the means and the methodologies that the ARPA monies were not being distributed or being granted according to the federal regulations,” Albritton said. “Those were seen, as I understand it, by the finance director and those given the oversight authority. And those questions were raised and that’s the result of where we went.”
Albritton said he did not think any money was spent improperly because the problems were caught by the Finance Department. He said he thought Examiners of Public Accounts was also involved.
“No monies went out the door,” Albritton said. “No monies were mishandled in that regard. It’s my understanding that if the Finance Department had not caught it and had not taken the appropriate steps, money would have gone out the door, and then it would have been a significant problem. So, I think the system worked in this regard.”
Ivey’s decision has the support of Alabama House Speaker Nathaniel Ledbetter, R- Rainsville. He said in a social media post late Thursday that a change in leadership within the agency was in the best interest of the state’s veterans.
Davis became the commissioner of the agency on Feb. 19, 2019, upon selectin by the State Board of Veterans Affairs. The commissioner is charged with managing the agency’s operations and coordinating the work of approximately 1,200 state and contractor employees in 70 facilities throughout Alabama. The agency’s budget is around $190 million.
Davis, an attorney, is a retired U.S. Navy Rear Admiral and is the seventh commissioner to head up the Department of Veterans Affairs. Before heading up the agency, he spent 14 years with the U.S. Department of Homeland Security and served as a staff attorney for former Secretary Tom Ridge.
Davis retired from military service in 2016. He served for two years as the Director of Economic Development and as City Manager in Anniston. In late 2017, he served as the civilian director of communication and outreach at Air University at Maxwell Air Force Base, moving back to his hometown of Montgomery.
This story was updated at 12:06 p.m. on Sept. 5, 2024, to include remarks from Sen. Greg Albritton. It was updated at 6:17 p.m. to provide further comments from Ivey. It was also updated at 8:49 p.m. to include a statement from Speaker of the House Nathaniel Ledbetter.
-- Reporter Mike Cason contributed to this report.
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