San Jose Council Unanimously Removes Councilmember Omar Torres From All Appointed Posts

The San Jose City Council voted unanimously on Tuesday to remove District 3 Councilmember Omar Torres from all 13 of his appointed positions on city committees, boards and commissions. Members pointed to his continued absences and to their earlier calls for him to resign.

The vote followed a letter from Mayor Matt Mahan, sent last week, that demanded Torres step down. It was signed by all of Torres' council colleagues. Over the weekend, Mahan also announced that he wanted to replace Torres in each of those roles. Mahan praised the council for responding to what he called "a difficult and unique situation."

Torres' council seat was again empty at the meeting, and he has continued to miss various board and committee sessions. According to the mayor, Torres has not attended any council meetings, community meetings or assigned committee meetings for the past two weeks. He has not appeared at any city meetings or functions since Oct. 3.

The call for his resignation stemmed from an Oct. 1 police affidavit. It described sexually explicit comments by Torres about young boys, made in messages exchanged with a Chicago man over several years. Police said their criminal investigation is continuing. Torres' attorney has confirmed the messages are authentic but said they do not amount to a crime. Torres has not been arrested or charged.

In a newsletter emailed Sunday, Mahan wrote that most residents had by now heard the allegations and read excerpts from the affidavit. "You have the right to be shocked, disgusted and furious," he wrote. "You have the right to feel as though he can no longer represent you." He added that elected officials are held to a higher standard and that "trust is the foundation of representative democracy."

Mahan said the council has very limited means to remove a member from office. Torres could resign, residents could gather signatures for a recall through a long and expensive process, or his seat could be considered vacant if he misses five consecutive council meetings. "We will fill in the gaps caused by his absence until a more permanent solution is possible," the mayor wrote. "Because life goes on and so does city business."

Torres was removed from the Public Safety, Finance, and Strategy Support Committee; the Community and Economic Development Committee; and the Neighborhood Services and Education Committee, where he was vice chair. He also lost liaison roles with the Arts Commission, the Downtown Parking Board, the Library and Education Commission and Team San José/Convention and Visitors Bureau. Other posts included the San Jose Youth Empowerment Alliance, the Santa Clara Valley Habitat Agency Governing Board as an alternate, the Santa Clara Valley Transportation Authority Board, the VTA Policy Advisory Board for Diridon Station, the Silicon Valley Regional Interoperability Project and the Schools and City Collaborative.

His colleagues were assigned to fill the vacancies. Councilmembers Sergio Jimenez, Dev Davis, Domingo Candelas, David Cohen, Pam Foley and Arjun Batra each took on new roles, as did Vice Mayor Rosemary Kamei. Public Safety, Finance, & Strategy Support will now include Jimenez, Doan, Cohen, Kamei and Batra. Community & Economic Development will consist of Foley, Jimenez, Ortiz, Kamei and Batra. Neighborhood Services & Education will be made up of Davis, Ortiz, Doan, Batra and Candelas.

Foley will take over the Arts Commission and Team San José roles, Davis the Downtown Parking Board, and Kamei the Library and Education Commission. Candelas will handle the Youth Empowerment Alliance and the Schools and City Collaborative. Jimenez takes the Habitat Agency board seat, Cohen takes both VTA positions, and Batra takes the interoperability project.