In Montgomery, Alabama, a conflict has emerged between former Alabama Department of Veterans Affairs head W. Kent Davis and Governor Kay Ivey. Davis, who served as a rear admiral in the U.S. Navy, has initiated a federal lawsuit against Ivey, claiming wrongful termination and defamation. The lawsuit alleges he was unfairly dismissed as a form of retribution for actions and comments that were not well-received by the governor.
Last year, Governor Ivey declared she used the “supreme executive power” of the state to terminate Davis from his position. This decision was communicated to Davis’ attorney through a letter, which Ivey’s office delivered 45 minutes following a State Board of Veterans Affairs meeting. In that meeting, the board narrowly rejected, by a 3-2 vote, Ivey’s bid to remove Davis.
Davis’ attorney argues that the State Board of Veterans Affairs, not the governor, legally possessed the authority to terminate Davis’ employment. “We are confident that she did not hold the authority to fire him as he was not serving at the governor’s discretion,” stated Kenny Mendelsohn, Davis’ legal representative.
On the other side, a spokesperson for Governor Ivey expressed confidence in the governor’s decision, expecting it to withstand any legal scrutiny. “We are very assured that Governor Ivey’s necessary actions will endure against any legal examination,” wrote Gina Maiola, the governor’s spokesperson.
The tensions between Davis and Governor Ivey’s office began over a disagreement involving an American Rescue Plan grant. During this period, Davis lodged an ethics complaint against the state mental health commissioner after the Department of Mental Health halted a corresponding administrative grant agreement. However, the Alabama Ethics Commission dismissed Davis’ complaint.
Davis expressed his belief that the true motive for his termination was his filing of the ethics complaint. “I don’t think anyone doubts that the real reason is retaliation for the ethics complaint,” he stated.
Governor Ivey countered, accusing Davis of uncooperativeness with her office and other agency leaders, as well as mismanagement of the American Rescue Plan grant. In an October 18 letter, Ivey described the ethics complaint as baseless and an inappropriate use of the dispute mechanism.
Davis maintains that his actions were appropriate, adding that the governor’s treatment has hindered his prospects for future employment.