San Jose could remove embattled councilmember from committee assignments

As he continues to defy calls for his ouster, San Jose City Councilmember Omar Torres could lose his committee assignments as an investigation into sexual misconduct involving minors shrouds the District 3 representative.

Torres has disappeared from the public eye — missing a City Council meeting and shirking his other responsibilities on local and regional government committees — leaving city officials and residents concerned over District 3’s lack of representation.

“Life goes on and so does city business,” San Jose Mayor Matt Mahan said Friday. “As Omar Torres has been completely absent from his duties for the past two weeks, we must ensure continuity and representation on various board and commission involving city business. Just as I have vowed to step in and take on more constituent services in District 3, I am recommending Council colleagues step in to fill those gaps in other important roles and functions for the time being.”

Mahan’s request for other city councilmembers to take over Torres’ committee assignments would only be in effect until January.

Weeks ago, a police investigation into an alleged extortion attempt against Torres was turned on its head after authorities found sexually explicit text messages Torres sent to a now 21-year-old Chicago man that referenced minors.

The messages Torres sent led police to believe he could face criminal exposure for copulation of a minor — a felony — and showing abnormal interest in a child. In the unsealed search warrant affidavit, police also found that Torres asked the man: “U got any homes under 18.”

Torres’ attorney, Nelson McElmurry dismissed the texts as “outrageous roleplay and fantasy” as the councilmember remained defiant in his innocence claims and desire to remain in office.

Mahan and the City Council, however, called for Torres to resign this week after they said he was in no position to effectively represent his constituents.

The city charter limits the mechanisms to remove a sitting councilmember with a recall, a felony conviction and missing five consecutive City Council meetings among the few ways to automatically force Torres from his seat. If Torres fails to attend each of the next four City Council meetings, his seat could become vacant after Nov. 19.

In a meeting with District 3 residents Wednesday night, Mahan pledged to help fill some of the leadership and services gaps as uncertainty looms over what will happen to the city council seat.

Mahan told residents that his neighborhood services team would make District 3 a priority and as an elected official representing all of San Jose, he intended to listen more intently to the concerns and opinions of Torres’ constituents.

Although authorities have yet to charge Torres with a crime, the foundation of his political standing has crumbled after major business, labor and political organizations and a large number of his constituents either called for a full investigation or urged Torres to step down.

“Members of the community rightly expect their elected representatives to adhere to the highest standards of behavior in their personal and professional lives,” a statement released by the Santa Clara County Democratic Party read Wednesday. “The message exchanges described in the Statement of Probable Cause do not meet that high standard. We call on those investigating the matter to conduct a full and transparent investigation and for all those found to have committed a crime to be held accountable.”

Among the most influential groups headquartered in District 3 calling for the Torres’ resignation are the San Jose Chamber of Commerce and the San Jose Downtown Association, which used to employ Torres as a business resilience manager before he was elected.

“The allegations against him and both shocking and serious, and we believe they make it impossible for him to effectively serve the constituents of Downtown San Jose,” SJDA CEO Alex Stettinski wrote in a letter to the mayor, City Council and downtown stakeholders.