The records say Montgomery County Treasurer John McManus told state investigators that Foley arranged a meeting with representatives of an investment firm suggesting that McManus invest some of the county’s $1 billion investment funds with the firm.
“The investigator claims that Mr. Foley told Mr. McManus that (the firm’s representatives) ‘would get him $50,000 a year in campaign contributions and he’d never have to fundraise again if McManus invested County funds with them,’” the records state.
Foley’s attorneys write that McManus also told investigators the firm’s representatives never made any sort of inappropriate offer and the treasurer’s office never entered into a contract with the firm.
“The reason they never said anything inappropriate to him is that they never made any inappropriate offer to anyone (including Mr. Foley), and Mr. Foley likewise never made the statement attributed to him by Mr. McManus,” Foley’s attorneys wrote.
The attorneys also rebuff an allegation that Foley was a “business associate” of one of the representatives though Foley was a licensed broker with the same company at the same business address, saying Foley has never made any income from the company.
The records also include Foley’s response to allegations regarding the hiring of a Montgomery County Municipal Court judge’s son, improper use of county resources, and theft in office charges for the amount of time a clerk’s office employee allegedly worked for Foley’s political campaign and private business.
Foley is charged with a dozen counts including theft in office and improper political and other activities involving public resources. He pleaded not guilty last month to all charges against him.
“I’ve done nothing wrong,” Foley said during a press conference last week. “My office is in good hands, and I’m excited about the future.”
Foley says he intends to stay on the ballot in November where he faces Democratic challenger Lynn Cooper.
Public contracts
The records obtained by the Dayton Daily News state that a charge Foley faces of unlawful interest in a public contract centers on networking Foley allegedly encouraged between two financial advisers — Elizabeth Braun of Primerica Advisors and Bob Gray of Dana Investment Advisors — and McManus.
Neither Braun nor Gray returned requests for comment left with their offices.
The document says McManus told 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. In exchange, Foley said Braun and Gray would get McManus $50,000 a year in campaign funds, investigators allege, according to the records.
Gray attended Foley’s annual golf outing in September 2021, where he may have golfed with McManus “for at least a portion of a round,” the records say.
In a statement to the Dayton Daily News, McManus did not deny making a report to the auditor’s office, saying he felt obligated under Ohio reporting requirements for public officials to report “a matter which made (him) uncomfortable.”
McManus said that during his time as treasurer, he has never issued a request for proposals for investment services. He said he’s “fully satisfied with the outstanding work” of Boyd Watterson, Montgomery County’s current financial adviser.
“It should be noted that nothing inappropriate has ever been said to me by any investment adviser, either those referenced or any other,” McManus said.
The memo written by Foley’s attorney says: “All (Foley) did was try to connect a vendor who wished to compete for the County’s business with the appropriate contact.”
IT work for judge’s son
Foley was indicted in July along with Montgomery County Municipal Court Judge James Piergies. Piergies faces charges related to his son’s employment at the clerk’s office, according to the Ohio Auditor of State’s Office.
Robert Piergies told the Dayton Daily News in August that his dad helped him get a job at the Montgomery County Clerk of Courts Office. The younger Piergies has cooperated with state investigators.
A Dayton Daily News investigation found a total of $200,000 in funds were transferred from the Montgomery County Municipal Court to the Montgomery County Clerk of Courts Office for information technology work from 2021 to 2024. This is the timeframe in which the judge’s son, Robert Piergies, was employed by the clerk’s office for information technology work.
“The history of transferring funds to the clerk’s office for IT services pre-dates the hiring of Rob Piergies by the clerk’s office, and it had nothing to do with the compensation for Rob Piergies,” wrote Foley’s attorneys.
Other courts, like the Montgomery County Common Pleas Court’s general and domestic relations divisions, have transferred funds for IT services to the clerk’s office, Foley’s attorneys say.
“The hiring of Rob Piergies was entirely appropriate based on the education, training and experience he had,” Foley’s attorneys wrote.
A Dayton Daily News records request to the Montgomery County Auditor’s Office, which handles payroll for the county, returned no records of interfund transfers for IT work from the county municipal court to the clerk’s office in the years prior to Rob Piergies working there.
Campaign, business on county time
State investigators found nearly 200 emails from June 2019 through Feb. 1, 2023, on Foley’s government email account that were related to personal business or his campaign, the records say.
“Every person in this building is allowed to take personal email occasionally while at work, as long as it’s not excessive and is handled in a timely manner,” Foley said during a recent press conference.
Records say the state alleges, too, that Foley is linked to the time theft by former employee Elle Sollenberger for the time she spent working on his campaign, soliciting political contributions and working on his private business.
“At no time did I steal or would I ever steal from Montgomery County residents,” Foley said.
Sollenberger did not return requests for comment.
Sollenberger previously volunteered for Foley’s campaign in 2018 and accepted an executive assistant job at his office when he won the election. She worked as his campaign treasurer through 2022, according to Montgomery County campaign finance forms.
She also served as treasurer for other local Republicans, including McManus.
Sollenberger was permitted to work a hybrid work schedule during the pandemic, according to Foley’s attorneys.
“Unfortunately, she appears to have abused that trust,” they wrote. “According to the investigator’s affidavit, while on County time, Ms. Sollenberger was doing work on her private businesses, as well as campaign finance reports for other officeholders and candidates and, she claims, campaign work for Mr. Foley.”
In February 2023 she was asked to return to the office five days per week. She resigned from her position at the clerk’s office that same month, according to Foley’s attorneys.
“If her statements about her misuse of county time and resources are true, then Ms. Sollenberger may be guilty of theft of that time, but Mr. Foley is not,” Foley’s attorneys wrote.
Investigation
Charges against Foley came two years after the clerk of courts office was raided by state auditor’s office investigators.
The 15-page memo from Foley’s attorneys Jon Paul Rion and Bradley Anderson focus on the felony charges against Foley that made him eligible for suspension under state law while awaiting trial.
They don’t go into detail on the misdemeanor charges — such as solicitation of political contributions from public employees and prohibition against partisan political activity — though they do note the scope of the investigation saying investigators interviewed 77 clerk of courts office employees.
“Not once did they ask for my side of the story,” Foley said during a press conference last week.
The memo argues the investigation was politically motivated, noting he has long been out of favor with certain members of the Montgomery County Republican Party, particularly county GOP chairman state Rep. Phil Plummer, R-Butler Twp.
It doesn’t mention Plummer by name, but describes him and says “Since 2018, he has considered Mr. Foley to be a rogue politician, not beholden to the dictates of the central committee and able to win office without its support.”
The report alleges the party tried to force Foley from office so they could name a replacement before the election and when Foley refused to resign, “at least one Republican Party leader has called Keith Faber, the Auditor of State, personally to ensure that the (suspension) process … goes forward.”
