Embattled San Jose City Councilmember Omar Torres’ political support continues to crumble as the Santa Clara County Democratic Party joined in the calls for the District 3 representative to resign.
Over the past two weeks, scrutiny of Torres has intensified as more details about a police investigation into his actions became public, including that the councilmember allegedly had exchanged messages with a 21-year-old man describing the genitalia of a young autistic boy and also asked the man if he had any potential underage sex partners while the two appeared to plan a sexual dalliance.
While the Democratic Party had initially called for a full investigation, the latest news was a bridge too far for Torres to keep his place in office.
“Councilmember Torres has admitted, through a representative, to having sent explicit messages about sex with minors,” the statement released Tuesday night read. “Councilmember Torres’ admitted conduct has rendered him unable to represent and serve his constituents and disqualifies him from continued service on the City Council. We join other community leaders in calling on Councilmember Torres to resign now.”
The investigation into Torres spawned in late August after he reported to San Jose police that a 21-year-old Chicago man had blackmailed him and threatened to release nude images and videos unless his financial demands were made.
But as law enforcement officers searched the other man’s phone, they discovered sexually explicit text messages that led officers to suspect that Torres may have committed oral copulation of a minor — a felony — and showing abnormal interest in a child.
Torres has continued to proclaim his innocence while his legal representative attributed the text messages to fantasy and role play — not real-world action—but residents, public officials, and prominent business and political organizations no longer believe he can effectively hold office.
Among those calling for Torres’ resignation include San Jose Mayor Matt Mahan, the remaining members of the City Council, the San Jose Chamber of Commerce and the San Jose Downtown Association.
Under the city’s rules, it can only take minimal substantive action against Torres absent a felony conviction. Some of the other ways a council seat can automatically become vacant is through insanity, leaving the state for 60 days and missing five consecutive regularly scheduled City Council meetings.
With Torres’ continued attempts to hold onto power, a group of residents, including Mahan’s deputy chief of staff, announced their intention last week to launch a recall petition to force Torres from his seat.
After gathering the initial 250 signatures required, it will take 5,289 signatures to place a recall question on a ballot should Torres not step down earlier.
In the meantime, Torres’ absences from the City Council and committee meetings and events in his district have drawn attention from residents and elected officials because of the district’s leadership void, prompting the city to remove him from all board and committee assignments.
While the Council approved Torres’ request for an excused absence from the Oct. 8 meeting, it has not yet taken a position on his absences for the rest of this month.
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In a memo filed with the city last week, Torres cited the toll of the police investigation on his mental health in asking for 30-day medical leave that would cover meeting absences from Oct. 16 to Nov. 5.
“As advised by my doctor, I respectfully request an excused absence for the next 30 days, allowing me the necessary space to recover,” Torres wrote. “I am committed to returning to my duties once I have had sufficient time to address these health concerns and regain the mental strength required to serve the community effectively.”
However, the city’s rules committee has yet to add his request to an agenda so that the City Council make a formal ruling on whether to accept it.
On Wednesday afternoon, the committee declined to make a motion to add Torres’ excuse request, leaving it in limbo.
