San Jose Councilmember Omar Torres requests medical leave

Just days after San Jose city leaders begrudgingly approved Councilmember Omar Torres’ absence from an Oct. 8 meeting for an undisclosed illness, the embattled downtown representative is requesting medical leave, adding the latest wrinkle to the scandal that’s enveloped him since police began investigating him for alleged sexual misconduct involving minors.

Along with missing this past Tuesday’s City Council meeting, Torres has asked to also miss the Oct. 29 and Nov. 5 meetings.

“I will be taking a temporary leave of absence from the San Jose City Council, following my doctor’s recommendation as submitted to the Clerks office, to focus on my mental health,” Torres wrote in the memo. “The allegations made against me have significantly impacted my emotional and mental well-being. After careful reflection and consultation with my healthcare provider, it is clear that stepping back temporarily is essential for me to heal. This decision is not made lightly, but my mental health must take precedence for me to continue to serve effectively.”

Torres’ staff sent out a separate message to District 3 residents indicating their commitment to addressing “the issues of homelessness, traffic safety concerns, road improvements, and any of our normal functions as an office.”

However, the City Council won’t consider Torres’ absence request at its Oct. 29 meeting after the Rules Committee decided Wednesday not to add it to the agenda.

Despite the continued calls for his resignation and some city leaders’ beliefs that he was gaming the system with his “illness” claims, Torres continued to indicate his desire to stay in office.

Torres has disappeared from public view since the news broke at the beginning of October that he was under investigation as police probed sexually explicit text messages he allegedly sent to a 21-year-old man that referenced minors. While city officials initially told residents to respect due process, they changed their tune after a search warrant revealed graphic details, including that Torres faced potential criminal exposure for oral copulation of a minor — a felony — and showing abnormal interest in a child.

Among the objectionable messages Torres allegedly sent were a description of an 11-year-old boy’s genitalia and asking a man, “U got any homies under 18,” while the two appeared to plan a sexual rendezvous.

Police have not charged Torres, who has proclaimed his innocence and attributed text messages he exchanged to “outrageous roleplay and fantasy.”

Along with Mayor Matt Mahan and the remaining members of the City Council calling for Torres to step down, neighborhood leaders and prominent business and labor organizations have said that Torres can no longer effectively represent District 3.

“As the leading representative body for the business community, we understand the critical role that leadership plays in fostering trust, progress, and the economic growth of our city,” San Jose Chamber of Commerce President and CEO Leah Toeniskoetter said. “The challenges faced by businesses in District 3 often resonate throughout the city, and effective representation is essential in addressing them. With mounting concerns over the councilmember’s ability to lead, we believe that this decision reflects the Council’s commitment to transparency and upholding the public’s confidence in their elected officials.”

Elected officials, however, have indicated that the city’s charter could prevent them from taking substantive action against their beleaguered colleague.

In a memo released Wednesday, the city attorney’s office outlined the powers within the charter and how a council seat could become vacant.

Those stipulations included but were not limited to insanity, leaving the state for 60 days, a recall, a felony conviction and missing five consecutive council meetings.

Councilmember Bien Doan cast the lone dissenting vote against granting Torres an excused absence, predicting that he would draw out the situation as long as possible. On Thursday, he called for changes to the city charter and said he would explore every method available to boot Torres from the District 3 seat.

“Yesterday, I saw a memo written by Torres asking for three more excused absences and that he intends to come back to his seat, as if everything is OK,” Doan said. “Well, everything is not OK.  I believe our city charter needs to be changed to better handle situations like this, including the creation of a mandatory administrative leave policy if a councilmember finds themself as the subject of a felony criminal investigation. Additionally, I am researching every avenue possible to begin proceedings to remove Councilmember Torres from office as I am empowered to do under our city charter.”

While Torres has not attended any council, committee, or board meetings and has missed events in his district, only regularly scheduled council meetings count toward the attendance requirements.

The City Council granted Torres a one-time absence request for missing the Oct. 8 meeting, but Mahan said he would want a better explanation if Torres continued to use the illness request.