Carlos Acosta Should Resign From County Board: Franks

MCHENRY COUNTY, IL — McHenry County Board Chair Jack Franks is calling on a former Department of Children and Family Services employee to step down from his county board seat following criminal charges filed in connection with his handling of the AJ Freund case. While many within McHenry County, including local politicians, are calling on Acosta's removal from the county board, Franks said under state law, that is not actually allowed.

"State law doesn’t give the county board or the voters the ability to remove Mr. Acosta from office," Franks said in a statement released Friday afternoon. But Franks did say he spoke Friday morning with Acosta, who is free on bail following his arrest, and encouraged him to step down.

"The decision is his to make, and his alone," Franks said. "However, I believe it’s safe to say that if it was up to the county board, and up to me, the overwhelming sentiment would be for him to step down. If the public had the power under the law to remove him from office, I have no doubt that the consensus would be to do so."

On Thursday, Acosta and his former supervisor with the DCFS office in McHenry County, Andrew Polovin, were charged with two felony counts of endangering the life of a child and one felony count of reckless conduct. Polovin is also free bond.

• DCFS Investigators In AJ Case Charged With Child Endangerment

Franks said he did not believe Acosta could be an effective member of the county board now that the charges have been filed against him.

"My opinion is not based on his innocence or guilt, which is up to the court to decide, but his ability to represent the citizens of County Board District 5 with these charges being filed," he said.

Acosta's current term on the county board ends in December 2022.

Meanwhile, the Republican candidate in the upcoming county board chair race, Mike Buehler, is calling on not only Acosta to resign, but also Franks. Franks is running as the democratic candidate against Buehler in the upcoming November election.

Buehler said Acosta was a "political ally" to the county board chair, and "many" believe ongoing calls for Acosta's resignation were stymied by Franks.

“Just recently, Franks called Acosta a model board member,” Buehler said in a statement Friday. “Franks should have asked Acosta to resign a long time ago. But the chairman put politics ahead of justice or decency. With Franks, politics always come first.”