“Curiouser and curiouser!” cried Alice as she entered Wonderland feet first.
She could have been talking about Gov. Kay Ivey’s increasingly bizarre feud with Alabama Department of Veterans Affairs (ADVA) Commissioner Admiral Kent Davis, the ADVA Board, and Alabama veterans as a whole.
First, after Davis filed an ethics complaint with the State Ethics Commission concerning possible misappropriation of a $7 million grant, the governor demanded Davis’s resignation by 5:00 p.m. on Sept. 5, 2024. This may constitute illegal retaliation for a “whistleblowing” complaint.
Davis submitted a resignation effective Dec. 31, 2024, but was urged by the State Board of Veterans Affairs (SBVA) and veterans group leaders to reconsider on Oct. 10, 2024.
On Oct. 18, 2024, the governor called an emergency SBVA meeting demanding that the Board fire Davis.
On Oct. 22, 2024, the Board rejected Ivey’s demand, firmly supporting Davis.
That same day, Ivey issued an executive order firing Davis, claiming “supreme executive power.”
“Curiouser!” Where does Ivey find this “supreme executive power”?
Article V, Section 113, of the Alabama Constitution says “supreme executive power” shall be vested in the governor, but this means the governor is head of the executive branch, not that the governor has absolute authority to fire whomever she pleases. Alabama Statute Section 36-13-7 provides that the governor may fire those whom she or her predecessors have hired, but neither Ivey nor her predecessors hired Davis.
According to Section 31-5-6(a), the SBVA, not the governor, has authority to hire and fire the commissioner. In at least two cases, the Alabama Supreme Court has held that the governor’s “supreme executive power” may be limited by statute (see State ex Rel. King v. Morton (2006) and Riley v. Cornerstone Community Outreach (Ala. 2010)). In my 1819 News column, “May Gov. Ivey Fire Whomever She Pleases?” I made the argument that Davis’s firing was illegal and unwarranted on many grounds.
Why would Ivey call upon the SBVA to fire Davis if she believed she had the “supreme executive power” to do it herself?
And now it gets even curiouser. Ivey’s allies in the Alabama Legislature have filed a bill (SB67, HB154) to wrest power away from the SBVA and centralize that power under the governor. Having worked with or lobbied legislatures for 60 years, I have to say this is one of the worst bills I have ever seen – vicious in its intent, sloppy in its drafting, and dangerous in its attempt to grab power.
First, the bill strips the SBVA of authority to hire or fire the commissioner and provides instead that the governor shall appoint the commissioner “to serve at the Governor’s pleasure.” Why, it is fair to ask, does this need to be placed in the statute if the governor already has this “supreme executive power”? And the commissioner's only required qualification is that he has served on active duty for 60 days and has been honorably discharged. (Seriously? We fire an admiral and hire a new commissioner who has served 60 days?)
Second, the bill eviscerates the SBVA, reducing it to a mere advisory body. In nearly 40 places throughout the bill, the SBVA’s powers are eliminated or weakened, with such language as “shall serve in an advisory capacity,” “in consultation with the board,” or by changing “board” to “department” or “commissioner,” or by removing language such as “with approval of the board.” According to Section 1(b), the board’s functions are to:
(1) Advise the commissioner on veterans' matters that are within the scope of the authority of the department.
(2) Develop policy recommendations for the state as it relates to veterans and veterans' affairs.
(3) Recommend initiatives to assist the well-being of veterans and veterans' families.
(4) Assist the commissioner and department as needed and as otherwise provided in this chapter.
This is mere window-dressing, no real power at all.
Third, the bill totally changes the composition of the SBVA. Currently, the SBVA consists of persons appointed by the governor but first nominated by respective veterans organizations, including the American Legion, the Veterans of Foreign Wars, the Marine Corps League, and many more. The beauty of this system is that Alabama veterans themselves, through their various organizations, have a direct voice in the selection of members of the Board that attends to veterans’ needs.
No longer, if Ivey has her way. If this bill becomes law, the governor will appoint seven board members, the speaker of the House will appoint one, and the president pro tempore of the Sente will appoint one. These Board members “shall be representative of the entirety of the state’s veteran community,” “shall include veterans of the various branches of the Armed Forces,” shall include “members and nonmembers of veteran service organizations,” shall represent “entities that provide meaningful services to veterans and their families,” and shall reflect “the racial, gender, geographic, urban, rural, and economic diversity of the state’s veteran community.” However, these are but nice-sounding generalities that cannot be enforced and that the governor is free to ignore in making her appointments.
Centralizing power in the governor and her appointees is a far cry from the decentralized constitutional republic our forefathers fought to establish. And why is it necessary? What’s the reason for it?
Ivey’s supporters argue that reform is needed because of neglect within the ADVA in its management of hospitals, retirement homes, and cemeteries. But their claims appear to be nothing but unsupported generalities. As a past commander of my local American Legion post, I have not seen evidence of such abuse or neglect. In fact, the State of Alabama seems to care for service members better than other states.
If there is a problem with the delivery of services to Alabama veterans, who is more likely to discover and correct it – political lackeys appointed by the governor, or the representatives of state veterans service organizations?
That’s “curiousest” of all.
This is a horrendous bill. Readers, please tell your legislators to oppose it.
Gov. Ivey – or whoever is pulling the strings in this administration – back off! It is the height of folly for a Republican governor to be at war with Alabama’s veterans.
And legislators – show some guts! We didn’t elect you to be “yes men” for the governor.
Colonel Eidsmoe serves as Professor of Constitutional Law for the Oak Brook College of Law & Government Policy (obcl.edu), as Senior Counsel for the Foundation for Moral Law (morallaw.org), and as Pastor of Woodland Presbyterian Church (woodlandpca.org) of Notasulga. He may be contacted for speaking engagements at eidsmoeja@juno.com.
