“We are doing good work for the citizens of Montgomery County, and I will vigorously defend my record and fight for the next 54 days to win reelection,” said Mike Foley at a press conference at the Montgomery County Courthouse on Thursday.
Under Ohio law, some state offices have authority to remove elected county officials from office if the official faces felony charges that relate “to the public official’s administration of, or conduct in the performance of the duties of, the office of the public official.”
The Ohio Auditor’s Office filed a request to initiate the suspension process on Aug. 8. The Ohio Supreme Court appointed retired judges William Klatt, Jerry McBride and Jeffrey Ingraham to serve on the special commission tasked with determining if Foley’s charges “adversely affects the functioning” of his office.
The special commission returned its decision this week.
“The Special Prosecutor failed to offer sufficient facts to warrant this Special Commission finding Mr. Foley continuing in his role as Clerk of Courts would adversely affect the function of the office and/or adversely affect the rights and interest of the public,” the group of judges stated in their decision, obtained by the Dayton Daily News in a public records request. “Accordingly, Mr. Foley shall not be suspended from public office.”
“Ohio State Auditor Keith Faber’s investigation is now coming under scrutiny as to be incomplete, one-sided and tainted with inaccuracies and ulterior motives,” said Foley. “It is time for all Republicans and my Democratic supporters to get behind my candidacy to continue the great services I’ve established and will continue to provide.”
The Ohio Auditor of State’s Office declined to comment on the decision, but spokesperson Marc Kovak said the office takes every allegation of fraud, waste and abuse seriously.
“We will pursue prosecution in cases where wrongdoing is evident, particularly when grand juries return indictments, as is the case with Mr. Foley,” Kovak said.
Charges filed against Foley and Montgomery County Municipal Judge James Piergies came after a lengthy investigation by the Ohio Auditor of State’s Special Investigations Unit, which included the 2022 raid of Foley’s office.
Montgomery County Democratic Party Chairman Mohamed Al-Hamdani said he was disappointed in the decision not to suspend Foley, calling the consideration of his suspension “nothing but a sham.”
“It’s really just all talk and no action,” he said.
Piergies was automatically disqualified from serving on the bench when he was charged with felony counts and is suspended with pay, according to the Ohio Supreme Court.
Montgomery County Democrats and Republicans alike have called on Foley to step down from his position. At his Thursday press conference, Foley called on Republican Party leaders to support his campaign.
“I don’t have the support of my local Montgomery County Republican Party because of vindictive leadership that hates the fact that I can get reelected without them,” Foley said. “I fight for you, not for them.”
Montgomery County Republican Party Chairman Phil Plummer did not return a request for comment before the newspaper’s deadline.
Foley has maintained his innocence, saying he has no intention of backing down from his office or his reelection bid. Foley faces Democratic challenger Lynn Cooper this fall.
“Clerk Foley has remained quiet throughout this process, knowing the facts would come out and he looks forward to his day in court to be completely exonerated of these malicious accusations against his character and the office he proudly serves,” Jon Paul Rion, Foley’s attorney, said.
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