“The spirit of the agreement was that there would be no consequences to Mike Foley other than what the court imposed,” said Rion. “I think there were representations that were made that at least create a concern as to whether or not it can be limited in that fashion.”
Rion said that he does not expect this motion to be opposed by Ohio Auditor of State investigators, and if the motion is approved, the case will continue to an eventual trial.
An Ohio Auditor of State spokesperson did not immediately return a request for comment about the motion to vacate.
Foley changed his plea to no contest in Montgomery County Common Pleas Court on Monday as part of a plea bargain. This news outlet obtained a copy of court footage from the hearing through a public records request.
“We all see cases on a regular basis of public officials with bad judgment,” Visiting Judge Jonathan Hein said during Monday’s hearing.
“In your case, at least the bad judgment did not involve the theft of tons of money from coffers. It didn’t result in direct personal gain... it’s not the same as stealing from the water fund, the utility fund, the sewage fund or whatever it was that we’ve all seen too often.”
Plea deal
A “no contest” plea means Foley neither admits nor denies the charges against him. The agreement between Foley’s attorneys and state investigators does not impact his employment with the county. According to the Ohio Revised Code, some felony offenses make elected officials ineligible for their offices.
“Part of our understanding of this plea agreement is that the state understands that if Mr. Foley’s employment is affected by this plea through any agency or other subdivision of any sorts in the state, that that would be a basis to withdraw the plea,” said Rion, during Monday’s court hearing. ”I think that says it bluntly and clearly enough."
Foley had received a 12-month suspended jail sentence, meaning that unless he violates the conditions of the agreement, he will not serve jail time. His sentence also includes 40 hours of community service with additional ethics training, 24 months of community control and $3,500 in fines.
Ten other counts Foley faced were dismissed because of the plea agreement.
Foley spoke in the courtroom on Monday, but in a statement released to media, he said he entered the plea “to bring an end to the investigation of issues within (his) office.”
“Serving as a leader in Montgomery County is one of the greatest privileges and I am incredibly proud of the great work my office has accomplished,” Foley said. “Moving Justice Forward is not just my office motto, but my commitment. I will continue to lead my team with integrity, transparency, and humility as your Clerk of Courts.”
‘A slap on the wrist’
Montgomery County Democrat leaders on Tuesday at an afternoon press conference called on Foley, a Republican, to step down from his office.
Credit: Bryant Billing
Credit: Bryant Billing
“We should not have a convicted felon in charge of our court system in Montgomery County,” said Montgomery County Democratic Party Chairman Mohamed Al-Hamdani.
“Montgomery County voters, our constituents and people of Ohio and Montgomery County deserve better. How can they trust someone who used his own office to benefit his own campaign?”
Al-Hamdani said he feels the plea deal was a “slap on the wrist.” He said the Montgomery County Democratic Party is weighing what steps it can take legally.
Dayton Municipal Court Clerk Marty Gehres said the court system is an institution where people can seek redress.
“You need to be able to trust us as the clerks and as the court,” Gehres said. “We have to do better. He needs to resign. This is unacceptable for the court, it’s unacceptable for justice.”
Montgomery County GOP chairperson Phil Plummer did not immediately return a request for comment about Foley.
State investigation
Foley was indicted last year alongside former Montgomery County Municipal Court Judge James Piergies. Charges against Foley and Piergies came two years after the clerk of courts office was raided by state auditor’s office investigators.
The Auditor of State’s Special Investigations Unit launched an investigation after receiving an anonymous complaint in October 2022 alleging solicitation of campaign contributions from employees and other improper political activities by Foley.
Foley was reelected to his seat in November, defeating Democratic challenger Lynn Cooper and taking home 52% of votes cast.
Piergies accepted a plea bargain earlier this year, where he pleaded guilty to a misdemeanor charge of obstructing official business. State investigators have said his charges related to the employment of his son, Robert. The younger Piergies told the Dayton Daily News last year that his dad helped him get a job at the Montgomery County Clerk of Courts Office.
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