His sentence includes a 12-month suspended jail term, 40 hours of community service with additional ethics training, 24 months of community control and $3,500 in fines, according to state investigators.
Foley had a motion to suppress hearing scheduled for Monday morning, where he also changed his plea. Visiting Judge Jonathan Hein approved public access to the case file to be partially sealed from the public last year.
“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. Moving Justice Forward is not just my office motto, but my commitment,” Foley said in a statement to this news outlet.
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.
Foley was originally charged with a dozen counts: attempted unlawful interest in a public contract, three counts of complicity to commit unlawful interest in a public contract, two counts of theft in office, one count of unauthorized use of computer, cable or telecommunication property, and misdemeanor counts of solicitation of political contributions from public employees and prohibition against partisan political activity.
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, according to state investigators.
Employees working for Montgomery County Clerk of Courts Mike Foley told state investigators they felt pressured to donate to Foley’s campaign and to put campaign signs in their yards, according to Ohio Auditor of State documents.
State investigators also linked Foley to time theft by his former employee, Elle Sollenberger, for the time she spent working on his campaign, soliciting political contributions and working on his private business.
“While the issues in question were not my actions, but those of former employees, my name is on the door and I am ultimately responsible,” Foley said. “I can assure you that the employees are no longer working for the office and I have taken swift action to ensure my policies and procedures are updated to align with my expectations of ethical standards. This will not happen again.”
Foley’s charge of unlawful interest in a public contract centered on networking Foley allegedly encouraged between two financial advisers — Elizabeth Braun of Primerica Advisors and Bob Gray of Dana Investment Advisors — and Montgomery County Treasurer John McManus.
Documents obtained by this news outlet last year say McManus told state auditor’s office investigators that Foley suggested he connect with Braun and Gray so Gray’s firm could be included in a bid process for any future work related to county investments worth more than $1 billion.
Charges associated with these allegations, among others, have been dismissed as part of a plea bargain, according to court records.
Foley is a Republican and was reelected in November. Before winning the election, both Montgomery County Democrats and Republicans called on Foley to step down from his position.
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.
Robert Piergies told the Dayton Daily News last year that his dad helped him get a job at the Montgomery County Clerk of Courts Office.
About the Author
