MONTGOMERY, Ala. (WIAT) -- John Saxon is an attorney representing Kent Davis, former Commissioner of the Department of Veterans Affairs.
Saxon claims Gov. Kay Ivey had no authority to remove Davis from his post, and he's taking it to court.
"A state trooper showed up at his residence that night in a black SUV, said 'give me your keys, give me your cell phone, give me any other state issued property.' Rather tacky, where I come from," said Saxon.
Shortly before that state trooper showed up, Veterans Affairs Commissioner Kent Davis received a letter from Gov. Ivey's office firing him from his role as commissioner. Her reasons for the firing included manipulating the Board of Veterans Affairs, and mishandling COVID relief money.
"I used that as a last resort," said Gov. Ivey. "To exercise my executive authority. And like I say, our veterans deserve the best care possible."
But Davis' attorney, John Saxon, said Davis was appointed by the State Board of Veterans Affairs. By law, he explained the governor can remove anyone employed by the state - but there's one catch.
"If the governor appointed that individual, or that employee was appointed by a prior governor. Kent wasn't appointed by the governor, Ivey or anyone else. He was appointed by the board," said Saxon.
Saxon further explained the lawsuit will seek to enjoin the governor and prevent her from removing Davis, effectively putting him back in place. "There are a couple different ways you can go about that and we're looking at it. Bottom line on this is that when the governor gets mad, the governor gets even," remarked Saxon.
Scott Gedling, Vice Chair of the State Board of Veterans Affairs, said they all need to work together to overcome their differences. He said it's about helping the veterans community.
Ivey initially called for Davis’ resignation on Sept. 5 over allegations that he mishandled departmental affairs regarding American Rescue Plant Act funds and failed to consult with her office on various matters.