Some San Jose City Hall employees are criticizing politicians for permitting Councilmember Omar Torres to stay in office despite calling for his resignation. This comes as the embattled councilman is asking for a 30-day leave of absence amid a child sex misconduct investigation.
City Hall employees who spoke to San Jose Spotlight on condition of anonymity say they're upset that by formally accepting Torres' excuse for missing an Oct. 8 meeting, the San Jose City Council is only delaying his removal via city charter. The charter boots a councilmember after missing five straight meetings without an excused absence. Torres has maintained his innocence, but has been out of the public eye since news of the investigation broke earlier this month.
"I'm deeply disappointed by the council's decision today regarding Councilman Torres' request for an excused absence. We have no doubt Omar Torres is sick, after all, we have all read the recently released warrant," one employee told San Jose Spotlight. "We don't need a doctor's note to know how sick he is. He does not belong on the council, he does not belong in this building, he does not belong in any position of power."
The employee said people working in City Hall aren't in favor of protecting Torres. Another employee said "many" workers feel the same.
"To see (councilmembers) act like they did last night was extremely depressing," the employee told San Jose Spotlight, describing "uneasiness" among workers at City Hall.
In a Tuesday memo, Torres has asked to be formally excused from council meetings through Nov. 5.
"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," Torres said in his memo. "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 said that during this time, his office will remain "fully operational" and his staff will continue to serve his downtown district.
City Hall employees told San Jose Spotlight that Torres' office on the 18th floor is empty.
Get a weekly recap of the latest San Francisco Bay Area housing news. Sign up for NBC Bay Area’s Housing Deconstructed newsletter.
City leaders agreed to formally excuse Torres' absence on Oct. 8 for medical reasons at their most recent meeting on Tuesday, which Torres also skipped.
The San Jose City Council has already called on Torres to resign and stripped him of his committee assignments. Councilmember Bien Doan on Tuesday urged colleagues to deny Torres' request for a formal excuse.
But Mayor Matt Mahan hinted at fears of legal trouble before the vote.
"After getting insight from the city attorney, I'm personally not interested in litigating whether (Torres) was sick two weeks ago," Mahan said. "Should he continue to request excused absences I personally will want to hear a better explanation for what the illness is."
The discussion ended there and the rest of the council declined to ask Torres for a doctor's note.
City Attorney Nora Frimann said she couldn't comment on advice she gives to councilmembers.
"I am not aware of a specific threat of litigation from anyone," Frimann told San Jose Spotlight.
Doan, the only councilmember who voted against excusing Torres' absence, said on Wednesday the council needs to act.
"My memo yesterday was carefully written to stop Councilmember Torres' attempt to prolong his separation from the city council. The city council has discretion over matters of excused absences and addressing the misconduct of its members," he told San Jose Spotlight. "It is our duty to ensure our residents have representation and that we protect their well-being, especially our most vulnerable. Together, we must ensure that the actions of one do not tarnish the reputation of us all."
It comes nearly two weeks after Torres admitted to sending lewd texts about minors on Oct. 10, when they were revealed in police filings about the ongoing criminal investigation into the embattled District 3 leader. No charges have been filed and Torres has maintained his innocence -- claiming the texts were fantasy and role-play.
The San Jose police union was the first to call for Torres to resign that same day. A week later, the San Jose Chamber of Commerce, San Jose Downtown Association, Vietnamese American Organization and Jean Cohen, head of the South Bay Labor Council which endorsed Torres' 2022 council run, have all followed the city council in calling on Torres to resign.
