Alabama Gov. Kay Ivey delivers the State of the State address on Tuesday, Feb. 6, 2024 in Montgomery, Ala. Ivey Thursday asked for the resignation of Alabama Department of Veterans Affairs Commissioner Kent Davis, alleging that he mishandled an ARPA grant program. (Stew Milne for Alabama Reflector)
Gov. Kay Ivey Thursday asked for the resignation of Alabama Department of Veterans Affairs Commissioner Kent Davis, alleging that he “mishandled” a grant program from the American Rescue Plan Act (ARPA).
The governor also wrote in the letter that she had removed John Kilpatrick, a Mobile-based veterans care provider, from the State Board of Veterans’ Affairs. Both men were involved in a recent ethics complaint against the Alabama Department of Mental Health (ADMH) that the Alabama Ethics Commission dismissed as frivolous last month.
“Ample cause exists for your removal as Commissioner,” Ivey wrote in a letter to Davis on Thursday. “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 the U.S. Treasury rules and regulations and/or state law or policy.”
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Ivey’s letter did not provide details on the program or the alleged mismanagement. Messages seeking further comment were left with Ivey’s office and the Alabama Department of Veterans Affairs on Thursday.
An email was sent to Davis’ email address at the Alabama Department of Veterans Affairs Thursday seeking comment. A voicemail message was also left at John Kilpatrick’s place of business Thursday.
The governor wrote that Davis’ actions put the state’s ability to meet its obligations regarding ARPA into jeopardy and questions his ability to effectively serve veterans in the state.
“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.”
Sen. Greg Albritton, R-Atmore, a co-chair of the Legislature’s Joint ARPA Oversight Committee, said Thursday he learned about Ivey’s request that morning and did not know the details, though he said he did not believe funds had been improperly disbursed.
“I don’t think the funds were mismanaged,” Albritton said. “ I think there were issues about the intent and some of the obligations as I understand it, but I think the Finance Department caught some of these made-inquiries and pursued from there.”
Ivey also alleged that the commissioner failed to consult with the Governor’s Office as required by Executive Order No. 726.
The seven-page executive order, issued in January 2023, pertains to the duties and rules that each of the departments within the executive branch must obey to comply with state law. It has sections related to constituent services, fiscal affairs, legal affairs and ethics. Ivey did not specify what sections she believed Davis had failed to adhere to.
Lagniappe in Mobile reported last month that Davis had filed an ethics complaint against Kim Boswell, the commissioner of the Alabama Department of Mental Health, alleging that Boswell and the department had coordinated efforts with other state officials to prevent the Alabama Department of Veterans Affairs from receiving $7 million in ARPA funding.
In a follow up article, the Alabama Daily News reported that the complaint said that Kilpatrick criticized the Alabama Department of Mental Health at the February meeting of the Opioid Settlement Oversight Committee.
However, ADN reported that video footage it reviewed did not show Kilpatrick presenting at the meeting.
A message seeking comment was sent to the Alabama Department of Mental Health Thursday. ADN also reported that Boswell was not aware of the complaints and was not able to address the “false” allegations pertaining to her or the mental health department.
According to his biography, Davis became the seventh commissioner for the Alabama Department of Veterans Affairs in February 2019. He is the son of a combat-wounded veteran. He enlisted in the Navy Reserve while attending college, and graduated with bachelor’s of science degree in business administration in 1985.
Alander Rocha contributed to this report.
Ivey letter to Kent Davis Sept 5 2024
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