Citing his continued absences and its previous calls for him to resign, the San Jose City Council this afternoon voted unanimously to strip District 3 Councilmember Omar Torres of all 13 appointed positions on various city committees, boards and commissions.
Mayor Matt Mahan’s letter last week demanding Torres’ resignation signed by all of the council member’s colleagues and weekend announcement of his desire to replace Torres on all of his appointed posts instigated today’s unprecedented action. Mahan praised the council today for responding to “a difficult and unique situation.”
Torres’ council chair was again conspicuously empty, and he continues to be a no-show at various boards and committees.
“By now most of you have heard about the allegations against Councilmember Torres and read excerpts from the police affidavit,” Mahan had written in his public emailed newsletter on Sunday. “Let me be very clear – you have the right to be shocked, disgusted and furious. You have the right to feel as though he can no longer represent you.”
The request for Torres to resign immediately was based on revelations in an Oct. 1 police affidavit of sexually explicit comments by Torres about young boys.
Police said they are continuing a criminal investigation of the often lurid messages between Torres and a Chicago man over a multi-year period. Torres’ attorney confirmed that the messages were authentic but do not constitute any crime. The council member has not been arrested or charged with any crime, and has not appeared at any city meetings or functions since Oct.3.
Mahan said in the newsletter that the council has “very limited tools” to use to respond to the continuing “As elected officials, we are held to a higher standard of conduct – and for good reason,” he wrote. “Trust is the foundation of representative democracy.”
“The council is limited in the action we can take to remove him from office,” the mayor said. “He can either resign, the community can gather signatures to recall him through a long and expensive process, or if he misses five consecutive Council meetings, his seat can be considered vacant.”
Mahan said that for the past two weeks, Torres has not shown up to any council meetings, community meetings or committees to which he has been assigned.
“We will fill in the gaps caused by his absence until a more permanent solution is possible,” Mahan wrote in his newsletter. “Because life goes on and so does city business.”
Here are the committee and board assignments from which Torres was removed:
- Public Safety, Finance, and Strategy Support
- Community and Economic Development
- Neighborhood Services and Education, vice chair
- Arts Commission, liaison
- Downtown Parking Board, liaison
- Library and Education Commission, liaison
- San Jose Youth Empowerment Alliance
- Santa Clara Valley Habitat Agency Governing Board, alternate
- Santa Clara Valley Transportation Authority Board
- Santa Clara VTA Policy Advisory Board – Diridon Station
- Silicon Valley Regional Interoperability Project
- Team San José/Convention and Visitors Bureau, liaison
- Schools and City Collaborative
Here are the new committee and board assignments filling the appointed positions held by Torres:
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- Public Safety, Finance, & Strategy Support: Jimenez, Doan, Cohen, Kamei and Batra
- Community & Economic Development: Foley, Jimenez, Ortiz, Kamei and Batra
- Neighborhood Services & Education: Davis, Ortiz, Doan, Batra and Candelas
- Arts Commission: Councilmember Pam Foley
- Downtown Parking Board: Councilmember Dev Davis
- Library and Education Commission: Vice Mayor Rosemary Kamei
- San José Youth Empowerment Alliance: Councilmember Domingo Candelas
- Santa Clara Valley Habitat Agency Governing Board: Councilmember Sergio Jimenez
- Santa Clara Valley Transportation Authority (VTA) Board: Councilmember David Cohen
- Santa Clara VTA Policy Advisory Board – Diridon Station: Councilmember David Cohen
- Silicon Valley Regional Interoperability Project: Councilmember Arjun Batra
- Team San José/Convention and Visitors Bureau: Councilmember Pam Foley
- Schools and City Collaborative: Councilmember Domingo Candelas
The City Council excused Omar Torres’ absence from the prior City Council meeting, signaling they intend to allow him to remain indefinitely in office — because he will never have five consecutive unexcused absences and because they studiously ignore section 405 of the City Charter, which allows them to remove him regardless of excused absences.
ESSJ Times asks the pertinent question: what does Omar have on his colleagues?
Watch what they do, not what they say.
Calls for resignation are smokescreen. The mayor and his colleagues are protecting Omar.
Yes I agree. But do you understand what section 405 is about?
https://boardclerk.sccgov.org/sites/g/files/exjcpb656/files/county-charter.pdf
I just wonder if it is beneficial to the moderate faction of the council to leave this as it ultimately strips one progressive vote?
Robert —
There are no moderates on the city council. In 2021 they unanimously voted to fire hundreds of unjabbed police officers. More recently they unanimously signed a letter equating kidnapped Jewish child hostages to terrorists imprisoned for mass murder.
Now they are actively running interference for a colleague who admits sending scandalous text messages and who is being investigated for alleged crimes against children.
The city council is not in any way “moderate”.
They “stripped” him? Knowing what we now know if Torres, this doesn’t sound like much of a punishment!
In the meantime, he’ll still be getting his $10,300 a month salary, not including perks, and paid by taxpayers. He’s going to game
I read very early on that this whole thing happened with the underage boy while Omar attended the DNC.
Alex —
Your link is to the County of Santa Clara charter, not the City of San Jose Charter.
I find it absurd that the Mayor is attempting to be bold by saying “he wants a doctors note” if Torres wants to be absent from meetings again. It makes it sound like this is some tardiness issue for a high school student – not a full grown man. The fact they “excused” the absence just kicks the can. I worked with Omar (during Redevelopment days) a while back and none of these allegations are shocking. He was often making sexual comments and referencing men he found attractive constantly. Obsessed with Obama and the young democrats. I also know he is immature – never fit for this type of role, which is why, despite history with him, I didn’t vote for him to represent D3. I knew he would either not take the role seriously or get wrapped up in some scandal. And, here we are – and Omar will drag this out and play victim. So who in San Jose City Hall can step up besides Doan and lead the community through this ordeal? Anyone? Clearly, the Mayor thinks sending a letter and requesting doctor notes is enough, but there has to be more that can be done.
baaaaaaaaaaaahahahahaha
This dude is going to skate on your watch playing the white guilt card.
I guess all the rumors are true, progressives will normalize anything to not look racist.
It’s your kids you are giving this man access to.
Just one more proof point on how much you hate your kids, if you actually have any.
The Council needs to begin the removal process, as outlined in the Charter and Municipal Code. Its very simple, they need to publicly hold hearings to investigate if any of Torres’ admitted activities occurred while he was acting in his official capacity or while using any City issued equipment or accounts. Being guilty of a crime is not a requirement, nor part of the council process to determine.
The SJPD warrant has very specific details on days/times and presumably locations, phone #’s, accounts used, etc.
All we’re asking for is for Council to dig into those details, publicly, and determine if any of his actions coincided with his official duties. If so, he must be removed.
And if Torres has an ounce of shame left in him, he’ll resign immediately rather than go through that public process.
Rocky, I agree.
Torres used City letterhead regarding his supposed personal peccadillos to falsely disparage the City police investigation. That opens the door to a hearing for abuse of his office, even assuming for sake of argument that alleged official malfeasance is a precondition for Charter section 405 removal proceedings.
Is Torres really playing the victim card this hard without any expression of guilt or shame for sexually fantasizing about kids? This doesn’t surprise me – just zero accountability and shame with these elected officials with giant egos.
People are innocent unless they are proven guilty of a crime. As of today, Omar has not been convicted of a crime but people are treating him like he is guilty. Let the PD do their job.
Cathy —
The standard for removal from a city council seat is vastly different than the standard for criminal conviction.
I don’t know whether Omar Torres is guilty of criminality. I do know that he has abused his office. He needs to either resign or be removed. Since he won’t resign, he needs to be removed by the rest of the city council, and if they won’t do it they all need to be removed. The lot of them.
It is past time for the City Council to step up to their job.
The first rule to be rescinded is the ridiculous rule regarding 5 (unexcused) absences. One unexcused absence is unacceptable.
The council spends too much time protecting the inefficiencies of themselves.
Simple solution, run the Council as any normal business does, and not this bureaucratic crap