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Governor Ivey removes Kent Davis as VA Commissioner using ‘supreme executive power’

Governor Kay Ivey exercised her executive authority Tuesday afternoon to immediately remove Kent Davis as Commissioner of the Alabama Department of Veterans Affairs (ADVA) after the State Board of Veterans Affairs declined to do so in its meeting earlier in the day. After a 90-minute meeting, the board voted down Ivey’s request to remove Davis from his post.

“For weeks now, I have laid out the case publicly for why new leadership at the Alabama Department of Veterans Affairs is necessary, and it is unfortunate it came to forcefully removing this agency head. After what I would now deem as a total failure of leadership at the Department and lack of cooperation, I had to use the mantle of the Governor’s Office to make the change,” Governor Ivey said.

“While there is more work to do, I am confident that together as one team, our state government can make Alabama an even better place for veterans to call home.”

After the board vote, Davis accepted congratulations from supporters who backed him during his ouster. Shortly after, an attorney for the Governor’s Office presented Davis’ attorney with a letter informing him that the Governor removed him by executive order.

RELATED: Kent Davis encouraged to rescind resignation by Alabama Veterans Affairs Board – Governor Ivey calls ‘orchestrated theater’

In the letter to Davis on Tuesday, Ivey wrote, “The Alabama Constitution confers on the governor the ‘supreme executive power of this state.’ According to our State Supreme Court, this means at a minimum-that a governor may take action to enforce the laws whenever he or she determines that such action is necessary because of ‘inaction or inadequate action’ by a subordinate within the executive branch of government.”

“Today, the State Board of Veterans Affairs failed to remove you immediately despite the ample legal causes I have publicly and repeatedly identified as justifying your removal. I therefore determine that your immediate removal is necessary to ensure that, going forward, the laws governing the Department of Veterans Affairs will be properly executed and enforced.”

RELATED: VA Commissioner Kent Davis resigns after showdown with Governor Ivey

The conflict between Davis and Governor Ivey’s administration has been escalating for months. In September, Ivey accused Davis of mishandling $7 million in federal American Rescue Plan Act (ARPA) funds and criticized his lack of cooperation with other state agencies. Davis initially resisted calls to step down but later agreed to resign by December 31, 2024. Last week, tensions ignited again when the State Board of Veterans Affairs voted to request that Davis reconsider his resignation.

Jeffrey L. Newton was named by Governor Ivey as interim commissioner. He brings over 40 years of military experience from the Alabama Air National Guard, as Director of the Joint Staff for the Alabama Military Department, and as the ADVA’s Chief of Staff.

Grayson Everett is the state and political editor for Yellowhammer News. You can follow him on X @Grayson270

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