Mike Foley, the Montgomery County Clerk of Courts, agreed to a plea deal in his criminal case, but he later took it back.

In today’s Morning Briefing, we explore why he changed his plea again and what comes next. We also tell you about a lawsuit filed against Kettering Health in which a lead attorney says the health care system has put "profits before people" in response to the recent cyberattack.

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Attorney: Clerk of courts will take back ‘no contest’ plea in criminal case, move forward toward trial

The day after Montgomery County Clerk of Courts Mike Foley changed his plea in his criminal case to no contest and was convicted of felony and misdemeanor charges related to political contribution solicitation and unauthorized use of computers, his attorney filed a motion to vacate his change in plea.

• Background: Foley was indicted last year after an investigation into solicitation of campaign contributions from employees and other improper political activities by Foley.

• Plea bargain: Foley changed his plea on Monday to multiple charges. The “no contest” plea means Foley neither admits nor denies the charges against him.

• Motion to vacate: Foley’s attorney, Jon Paul Rion, on Tuesday said that the agreement was not acceptable to his client.

“The spirit of the agreement was that there would be no consequences to Mike Foley other than what the court imposed,” said Rion. “I think there were representations that were made that at least create a concern as to whether or not it can be limited in that fashion.”

• Keeping his job: The agreement between Foley’s attorneys and state investigators did not impact his employment with the county.

• Consequences: As part of the plea deal, Foley was to receive a 12-month suspended jail sentence, meaning that unless he violates the conditions of the agreement, he would not have served jail time. His sentence would have included 40 hours of community service with additional ethics training, 24 months of community control and $3,500 in fines.

• What democrats are saying: “We should not have a convicted felon in charge of our court system in Montgomery County,” said Montgomery County Democratic Party Chairman Mohamed Al-Hamdani. “Montgomery County voters, our constituents and people of Ohio and Montgomery County deserve better. How can they trust someone who used his own office to benefit his own campaign?”

Class action lawsuit filed against Kettering Health amid cyberattack fallout

A group of Kettering Health patients have filed suit against the network in response to the May 20 cyberattack that took down the health company’s technology systems for nearly three weeks.

• Patient claims: Local law firm Wright & Shulte LLC announced it will represent “hundreds” of patients who claim they have been adversely affected by the ransomware attack, which jeopardized protected health and personal information and left some patients waiting for critical care.

• Attorney statement: “Most of Kettering Health’s focus has been on data and confidential financial information and what’s happened to it; we’re motivated to help the people,” said attorney Richard Schulte. “These people need instruction, continuity care and a plan from the Kettering Health system, and they’re not getting it.”

• The allegations: The lawsuit alleges Kettering Health was fully aware of potential dangers of a data breach, failed to take the appropriate steps to protect patients’ data and did not comply with regulatory guidance and industry-standard cybersecurity practices. The lawsuit also asserts the breach has caused many victims with serious health issues to miss crucial medical appointments and treatments.

• What the patients want: The lawsuit is seeking “monetary damages, restitution, and/or injunctive relief” for the co-plaintiffs.

• Kettering update on services: “Our care services are back to normal operations including radiation oncology services. Patients can also use MyChart to get in touch with their providers, schedule appointments, refill prescriptions, etc.,” a spokesperson said via email.

What to know today

• Person to know today: Capt. Brian Gitman. This 2000 Fairmont High School graduate is scheduled to fly a C-5 Galaxy to Dayton International Airport this afternoon, just in time to anchor the upcoming CenterPoint Energy Dayton Air Show.

• Big move of the day: Three former Germain auto dealerships in Sidney have a new owner, Chesrown Automotive, a Columbus-area dealership group.

• Dayton Food & Dining: CityBird, a fast-casual chicken tender concept founded in 2018, has announced plans to expand to the Dayton region.

• Inside Ohio Politics: An Ohio Senate committee is considering a bill that would restrict foreign ownership of land across much of Ohio, including areas close to military installations.

• Happening today: The world famous Air Force Thunderbirds flight demonstration squadron is scheduled to arrive at the east side of Dayton International Airport this afternoon to prepare for their performance headlining the CenterPoint Energy Dayton Air Show this weekend.

• Community Gems: The Dayton Daily News Community Gems initiative highlights people who give their time and effort to improve the lives of their neighbors and community. Do you know someone like this in your community? Follow this link to nominate them.

• Cincinnati Bengals: Here are five things we learned about the Bengals this offseason.

• Dayton Flyers: The Dayton Flyers will play Florida State at UD Arena on Dec. 16. It will be their first meeting in 44 years.

• Photo of the day: The biannual Yellow Springs Street Fair happened on Saturday. Featuring over 250 artisans, craftsmen and local businesses, the fair also showcased food trucks, live music and craft beer.