With residents deeply concerned over Councilmember Omar Torres’s ability to adequately serve them, San Jose Mayor Matt Mahan has assured District 3 constituents that his office will help bridge some of the leadership and services gaps in the absence of their embattled representative, who faces growing calls to resign due to his ties to criminal investigation involving minors.
Mahan and several members of the City Council initially preached patience, giving muted responses as the police investigation unfolded, but they quickly became more vocal when a search warrant affidavit revealed some of Torres’ sexually graphic text messages referencing children.
Addressing attendees of the District 3 Community Leadership Council meeting Wednesday night, Mahan said his neighborhood team would make the district a priority — offering resources and addressing concerns.
“We’re here to serve you and to answer your questions, and to represent you as we go through this difficult time,” Mahan said. “Our staff will be paying particular attention to District 3, and trying to be more present at neighborhood meetings and just be here for you all to help with constituent services.”
The legal saga surrounding Torres has taken a 180-degree turn, with Torres transforming from an alleged victim of extortion to the target of an investigation for alleged oral copulation of a minor and abnormal interest in a minor.
Torres told San Jose police in late August that a 21-year-old Chicago man whom he was in an online sexual relationship with had threatened to release nude photos and videos of Torres if his financial demands were not met.
But in the course of the investigation, authorities uncovered text messages where Torres described an 11-year-old autistic boy’s genitalia and asked the man, “U got any homies under 18” while the two appeared to plan a sexual encounter.
Although Torres proclaimed his innocence and said the salacious text messages amounted to “outrageous fantasy and role play,” Mahan and the City Council indicated they no longer believe Torres could effectively govern as he had lost the community’s support.
“I want to make clear that in my mind, at least, and I think that in all of my colleagues, the bar for criminal charges and convictions are very different from the bar we have for elected representatives,” Mahan said Wednesday evening. “You may or may not agree with that, but that’s where we’re coming from. We’ve heard from many of you and many of your neighbors that people are pretty upset. It’s very raw and many people are looking for change.”
Despite the calls for Torres’ resignation, his attorney told The Mercury News Wednesday that he did not intend to resign. His staff, however, alluded that another decision to stay in the seat could come soon.
Should Torres reverse course in the future, the city would then fill the position through either a special election or appointment process.
Mahan briefly weighed the pros and cons of both options with residents but did not advocate for one option over another.
Along with losing support from his colleagues on the dais, several prominent business and labor organizations, including some in downtown San Jose, have also called for Torres’s ouster.
Leah Toeniskoetter, the president and CEO of the San Jose Chamber of Commerce, told The Mercury News Thursday that her organization has now formally supported calling for Torres’s resignation.
Support among Torres’ constituents also shows signs of cracking, with residents from various neighborhoods imploring the City Council to do more.
“Regardless of how the criminal investigation plays out, Omar Torres should be censured by his colleagues and should resign his office immediately,” Roosevelt Park resident Jeff Levine said. “San Jose City Council District 3 deserves to be served by someone who has high ethical standards.”
The Vendome Neighborhood Association’s board, which voted to demand Torres’ ouster, also has appealed to the City Council over what could be done if Torres bucks their request.
While Mahan said he was open to taking a symbolic action, such as a public censure, the city’s charter limits what the City Council can do to remove Torres if he decides to remain in office.
Absent a felony conviction or a recall, Mahan said council seats are automatically vacated for lengthy medical emergencies or missing five consecutive council meetings.
“I will tell you, though, our options for actually taking a concrete action that could change anything (are) very limited,” Mahan said.
Since news of the criminal investigation emerged, Torres has missed one City Council meeting. If Torres remains absent for the next four council meetings, the earliest the seat could become automatically vacant is after Nov. 19, according to the City Council’s current schedule.
He has also declined to attend any of the committees he sits on and other public events related to his district, raising concerns from residents about their lack of representation.
Mahan told the district’s residents that he, as the elected official representing all of San Jose, would pay particular attention to their voices to ensure they had an advocate on the council.
“You don’t have someone in there voting or making decisions on your behalf right now, which is why I think, given how lengthy this is likely to be, it would be best for him to resign so that we could either appoint or have a special election,” Mahan said.
