Records: Auditor looking into complaints of campaign contributions concerning county clerk of courts
A new document is shedding light on the state auditor’s raid of the Montgomery County Clerk of Courts office Wednesday afternoon.
News Center 7 obtained through a public records request a copy of the Special Investigations Unit’s report of miscellaneous activity which revealed the initial allegations the auditor’s office is looking into. The document indicates that the allegations made in late October 2022 raised concern Clerk of Courts Mike Foley and not the his office as an entity.
The state auditor’s office executed a search warrant at the clerk’s office after the “special investigation unit received information concerning the Montgomery County Clerk of Courts office and opened an investigation into the matter,” a spokesperson for the auditor’s office said.
Two individuals, with varying degrees of knowledge on the matter, made allegations of misconduct against Foley “primarily concerning campaign-related activity within the office of the Montgomery County Clerk of Court of Common Pleas,” according to the Special Investigations Unit document.
The allegations made against Foley, as outlined in the Special Investigations Unit document:
solicit campaign contributions from employees;
production of campaign fundraiser fliers using office equipment and resources, including attempts to use office management personnel to distribute said solicitations on office employee workstation chairs;
payment of bonuses to employees, with amount of bonus related to whether the employee made a political contribution; and
preparation and printing of the Clerk’s campaign finance reports at the office and using office employees and equipment.
News Center 7 called the clerk’s office Wednesday and a representative deferred all comments to attorney Jon Paul Rion. That same evening, News Center 7 spoke with Rion who clarified that he was representing Foley and not the clerk’s office as an entity.
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“There’s been no allegation of any breach of security or loss of information or anything of that nature,” Rion said Wednesday, noting, “there is no reason for public concern.”
Rion said there was a request, “administratively, to look at some documents.”
In a statement released Thursday evening, Rion said Foley “has always acted to fulfill the expectations of the position and to benefit the citizens of Montgomery County.”
“Mike Foley and his office have cooperated and will continue to cooperate with the Auditor’s preliminary inquiry into these allegations. He has directed his staff to comply promptly and completely with any request received from the Auditor’s office. When the facts are fully known and put in context, we are confident that the concerns will dissipate,” Rion statement read.
Under the Ohio Revised Code, a county’s prosecuting attorney can be the legal adviser for the county and county agencies. News Center 7 spoke with Montgomery County Prosecutor Mat Heck Jr., who said his office was not aware of the investigation. He also said if a crime had been committed or a criminal matter, then his office would not represent them.
Foley last ran for office in 2020 when he beat Zach Dickerson to remain in the clerk of courts position.
This is a developing story and we’ll continue to provide updates as we learn more.
