The San Jose District 3 City Council seat will officially become vacant on Nov. 27, according to the resignation letter embattled Councilmember Omar Torres submitted to the city following his shocking arrest Tuesday on suspicion of child molestation.
Before police booked him into the Santa Clara County Jail, Torres had disappeared from the public eye as he faced mounting pressure from prominent politicians, business groups and labor organizations to resign due to a separate criminal investigation involving sexual interest in minors.
“The choice comes with a heavy heart, but I believe it is in the best interest of my constituents and my community,” Torres wrote. “Serving the people of San Jose has been one of the greatest honors of my life. Together, we have shared victories, tackled challenges and strived for a more resilient community. I am humbled by the trust you placed in me and forever inspired by the passion and resilience of our district. I remain committed to the values we’ve championed together and am confident that our city will continue to thrive.”
Unrelated to his recent arrest, Torres came under fire in early October after reports surfaced that he had become the target of an investigation involving oral copulation of a minor — a felony — and showing abnormal interest in a child. That investigation began after Torres told police that a 21-year-old Chicago man continued to extort him — threatening to release nude photos and videos — if Torres failed to meet his financial demands. However, investigators found sexually explicit messages Torres sent the Chicago man where he described the genitalia of a young autistic boy and asked the man, “U got any homies under 18,” as the two appeared to plan a sexual encounter.
With Torres conspicuously absent from City Council and committee meetings and events in District 3, the mood quickly changed from offering Torres due process to calling for his ouster as many residents and organizations felt Torres was in no position to effectively represent his constituents. Torres also asked to take medical leave last month, but the City Council never took action on his request as multiple elected officials accused Torres of taking his seat hostage. Frustrated by the city charter’s limited avenues to remove Torres, District 3 residents had also begun the process to recall Torres.
Those calling for Torres’ resignation included Mayor Matt Mahan, the San Jose City Council, the San Jose Police Officers Association, the Santa Clara County Democratic Party and the San Jose Chamber of Commerce.
Sources told The Mercury News that the new allegations against Torres date back at least a decade, though it was not clear when the encounter occurred. He is currently being held without bail at Santa Clara County Jail. The San Jose Police Department has indicated it will provide more information at a press conference Wednesday afternoon.
With Torres’ seat about to become vacant, the City Council must decide whether to fill it through a special election or through the appointment process.
Despite the recent notice of Torres’ resignation, residents already have mixed feelings.
Bob Staedler, a District 3 resident and prominent land use consultant, told the Mercury News Tuesday that he’d like to see the position filled through an appointment.
“While the court case can still proceed, his resignation can provide clarity on the next steps for District 3 and hopefully somebody can be appointed as quickly as possible,” Staedler said. “In a perfect world, I would love an election, but we have too much going on and we can’t just wait for that to happen.”
Meanwhile, the Neighbors Supporting the Recall of Omar Torres Committee have called for a special election.
“We started this process because we were demanding representation,” the committee wrote in a statement provided to The Mercury News. “And now that the resignation has been submitted, we call on the Mayor and Council to begin the process for a special election. The will of the people can best be expressed through a special election. Residents deserve their opportunity to weigh in on who they want to lead.”
Less than two years ago, the City Council was tasked with deciding on the vacancies in Districts 8 and 10 when Sylvia Arenas and Mahan won election to other offices.
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While the Council ultimately chose to appoint Domingo Candelas and Arjun Batra to those seats, Mahan has stuck to his principles and said he would like to see a special election just like he previously advocated.
“While the DA pursues these deeply disturbing charges against Omar Torres, residents of District 3 deserve representation they can trust and respect,” Mahan said. “Personally, as I advocated when Districts 8 and 10 became vacant two years ago, I prefer a special election because I believe the voters choose their representative, not a handful of people elected to represent other districts. Ultimately, the Council will need to make this decision via a majority vote in the coming weeks.”
Staff Writer Robert Salonga contributed to this report.
This is a developing story. Check back for more updates.