Constituents in San Jose's District 3 said Wednesday they feel like they don't have a local voice with embattled Councilman Omar Torres currently away from office.
Smiley Kai, who first opened the Ukelele Source in Japantown 16 years ago, said he's wondering whether Torres, the man elected to represent him at city hall, is still capable of doing so. Kai said he'd normally contact his councilman, but Torres has been absent from council meetings since police announced he was being criminally investigated for accusations of sexual misconduct with a minor.
"There's nobody representing the district," Kai said. "Hard to say what kind of votes are going on that we're not being represented."
When Torres does return to work, he'll have less to do after the council voted Tuesday to pull him off all committee and commission assignments while the investigation continues.
Mayor Matt Mahan said its important the city moves forward.
"The reality is he's not doing his job," Mahan said. "He's not showing up to meetings. He hasn't been to a meeting since the allegations first surfaced over two weeks ago. It's time to move on. We have all called on him to resign. Thus far he has not heeded that request."
Torres’s attorney said his client maintains his innocence and declined to comment on the council's recent decision.
In a memo obtained by the San Jose Spotlight, Torres was asking to be excused from council meetings through Nov. 5, citing his mental health. He said in the following memo:
“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. 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.”
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City documents show councilmembers are paid a salary of $169,000 a year. With Torres not attending council meetings and not reporting to commissions and committees, some constituents wonder what Torres is doing.
In the meantime, other councilmembers have been assigned to fill Torres's spot on city committees, and Mahan said his office is stepping up to serve the 100,000 constituents in District 3.
At this point, Torres has not been arrested or charged with any crimes.
Mahan said the council has only two options for those who want to replace Torres: He must resign or be recalled.
