The embattled commissioner of the Alabama Department of Veterans Affairs is declining to step down from leading the agency despite repeated calls from the governor that he do so immediately.
Rear Adm. Kent Davis, who has been atop the ADVA since 2019, said in a statement Friday that “inaccurate claims” were being made about his office’s mishandling of American Rescue Act Funds, and that none of the actions by the agency jeopardized the State of Alabama “in fulfilling the obligations of the $2.1 billion in ARPA funds.”
“We have continuously been transparent in our department’s mission and day-to-day operations in our service to Alabama’s 400,000 veterans,” Davis said in a statement. “This includes earlier this year when ADVA attempted to work with members of the Governor’s staff, cabinet and the Department of Finance regarding American Rescue Plan Act funds.”
Governor’s claims
Ivey, in a letter also Friday, claims ADVA mishandled $7 million in ARPA grant funds, calling the matter “particularly problematic” because she says it jeopardized the state’s ARPA obligations and “very nearly prevented veterans service providers from receiving needed funds.”
Ivey claims Davis did not cooperate with his fellow agency heads; and butted heads with the state executive branch agencies, state lawmakers and the state’s congressional delegation.
“This alone constitutes cause for your removal,” Ivey wrote.
Ivey has called a special meeting of the Board of Veterans’ Affairs for 2:30 p.m. Tuesday in Montgomery to consider Davis’ ouster. She has, in recent days, gotten the support from the top two state legislative leaders in House Speaker Nathaniel Ledbetter, R-Rainsville; and Senate Pro Tempore Greg Reed, R-Jasper.
She said her concerns about ADVA’s handling of ARPA grant funding stems from a lack of submitting applications until January, less than six months before the deadline to obligate the federal funds. She said ADVA received the $7 million in November 2022 to provide mental health programs for Alabama veterans.
“Even after the grants were approved at such a late date, they raised one question after another from the Department of Finance and the Department of Mental Health (whose administrative support you enlisted due to its expertise in administering ARPA grants),” Ivey wrote in her letter Friday to Davis to, once again, consider her call for him to step down.
“These questions included concerns about basic administrative issues such as proper award amounts and payment structure,” the governor continued. “Most critically, they included numerous, substantial concerns that the proposed grants would not comply with U.S. Treasury rules and other policies restricting use of these monies — concerns that your department ultimately acknowledged were valid.”
Working relationships
Ivey said that ADVA’s “administrative problems” distracted senior officials at other state agencies from their work, as they handled the administration of ADVA’s ARPA grant funds.
Alabama Gov. Kay Ivey announces a project to widen I-65 from Alabaster to Calera and two other interstate projects on Aug. 31, 2023. (Governor’s press office.)
“In my view as Governor, the resulting damage to your working relationship has become irreparable,” Ivey said.
Ivey included an April 2, letter from Kim Boswell, commissioner of the Alabama Department of Mental Health (ADMH), in which she officially terminates its agreement to assist Davis in administering ARPA grant funds.
Boswell, in her letter, accuses of ADVA of putting the ADMH at risk of potential audit findings and other negative consequences due to some questionable requests. One of the concerns raised includes an unnamed grant recipient who “requested funding for lobbying.” Boswell said that “all our contracts prohibits the use of state and federal funds for lobbying.” She said her agency did not receive a “firm commitment to require the grantee to remove this time from their request” and that the same entity is a member of the ADVA board.
Ivey, on Thursday, announced she had removed Col. John Kilpatrick from his position as a member of the State Board of Affairs.
Kilpatrick, in a statement through the Military Officers Association of America, said the following: “My appointment to the Board was a result of my position as President of the Alabama Council of Chapters of the Military Officers Association of America. Members of the Alabama State Board of Veterans Affairs serve at the pleasure of the Governor. It was my honor to serve our Veteran community as a member of the Board, and I’m proud of the work I did on behalf of Alabama Veterans. I will continue to work every single day to improve access to high quality health care for Alabama Veterans and their families.”
Ethics
None of the statements from Ivey, Davis or Kilpatrick included references to an ethics complaint filed with the Alabama Ethics Commission. According to Lagniappe, Davis filed an ethics complaint Boswell and others over possible collusion that prevented ADVA from receiving $7 million in ARPA funds and distributing them to veterans organizations. The complaint was also quickly dismissed by the Ethics Commission, the publication reported.
Brandon Miller, a spokesman with the ADVA, said he had not seen the ethics complaint, and was unaware of what was in it. Ethics complaints are not considered public documents in Alabama and are not accessible for the public’s viewing.
“However, the ethics complaint was submitted according to rules and regulations believing that it would be handled appropriately,” Miller said. “Unfortunately, it was released publicly, which may have (tainted) the process, before being dismissed by the Ethics Commission. Because ethics complaints are supposed to remain private, we do not discuss its content.”
Davis, in his statement, praised the work of ADVA for the past year.
“This has been an outstanding year for the ADVA as we have completed the first planned expansion of the Alabama State Veterans Memorial Cemetery at Spanish Fort and next week will dedicate our fifth State Veterans Home, which is named in honor of Congressional Medal of Honor Recipient and Alabama native Bennie G. Adkins,” he said. “We will continue to support Alabama’s Veterans and their families by assisting them with benefits they have earned, finding housing for homeless, seeking non-profit assistance for funding, and providing referrals for mental and physical health care.
“It is my desire and will to continue advocating for Alabama Veterans. We have come a long way in supporting our nation’s heroes, but the mission is far from complete. I look forward to continuing the fight by their sides.”
