DELAWARE COUNTY – Delaware County Commissioners met with their legal counsel in executive session Thursday to discuss the pending lawsuit brought against the county by the State Department of Health against concerning the overcrowding issue in the Delaware County Jail.

After the executive session concluded, District Attorney Eddie Wyant discussed a letter sent by Charles L. Broadway, Assistant General Counsel for the state.

“There were several issues to be rectified in the complaint, but we’ve narrowed the litigation down to the overcrowding matter. All the charges have been dismissed except the overcrowding and we have stipulated to that charge. We have not, however, given up the right to argue the amount of the fine that could be assessed by the state,” said Wyant.

In a portion of the letter dated Aug. 11, Broadway said, “I would like to reiterate the Department’s willingness to hold this matter in abeyance and ultimately dismiss it altogether without imposing fines upon the County if the County takes substantive steps toward effecting a permanent solution to the overcrowding problem at the Delaware County Jail.”

“I believe that if the voters pass the sales tax proposal on Aug. 26 to build a new facility, the case will be dismissed and we won’t be fined,” said Wyant.