What investigators are saying
After being contacted by the Dayton Daily News, the Ohio Auditor’s Office released a statement.
“The auditor of state’s special investigation unit received information concerning the Montgomery County Clerk of Courts office and opened an investigation into the matter, including the execution of today’s search warrant,” said Ohio Auditor of State spokesman Marc Kovak.
The Montgomery County Sheriff’s Office was also present during the investigation, officials said.
“Sheriff’s Office deputies were present with the state auditor as they conducted an investigation,” read a statement from the sheriff’s office. “MCSO only provided security since it is a county building.”
Foley’s attorney, Jon Paul Rion, told reporters Wednesday that there have been no accusations made.
“We’ve tried to speak with the investigator and with the counsel and right now they said there is no accusation,” Rion said. “It’s simply a request for some documents for review and as this proceeds and information is available, once it’s reviewed then an analysis will be made at that time.”
He said his client has nothing to hide and will comply fully.
“I don’t think there are any conclusions at this point as to whether or not there are any issues that should raise any great public concern,” Rion said.
“It’s a request for documents based on probably the assertions of a disgruntled employee,” he said.
Montgomery County Prosecutor Mat Heck, whose office represents county offices including the Montgomery County Clerk of Court, said he was not aware of the investigation and his office has not been contacted about a search warrant.
When asked about Rion’s role — because the prosecutor’s office represents all county offices – Heck said: “By statute, we are the attorney for the clerk’s office in their official capacity. However, if there’s a crime that’s been committed or a criminal matter, we would not represent them. We have no idea what Mr. Rion’s role is with the clerk of courts.”
By all accounts, the investigation by the auditor’s office continues.
“We will have no further comment at this time on this continuing investigation,” Kovak said.
Foley will continue to have a regular schedule and was back at work on Thursday, Rion said. He has no restrictions on his capacity to serve the public.