The controversy surrounding embattled San Jose Councilman Omar Torres continues to grow.
The city council on Tuesday debated whether to excuse his absence from a meeting after the allegations he's facing were revealed. An unexcused absence could pave the way for his removal from office, but the majority of the council ended up voting to excuse Torres's absence.
Torres was absent for a second straight city council meeting Tuesday. That led Councilman Bien Doan to propose not excusing Torres for missing the last meeting.
The absence count matters. City charter states that after five consecutive unexcused absences, a council person can be removed.
Torres has said he was out because he was sick, but it happened just days after police announced Torres was being criminally investigated over accusations of sexual misconduct with a minor.
"I think it’s appalling and it’s sickening, and I will not stand for that," Doan said. "I, along with my colleagues, ask for his resignation."
Mayor Matt Mahan joined the majority Tuesday in voting to excuse Torres's absence.
"After consultation with the city attorney, I unfortunately don’t feel that it’s in the city’s best interest to litigate whether or not he was sick on a single day two weeks ago as a one-off," he said. "But that being said, he needs to resign. We’ve called on him to resign. He’s holding his seat hostage."
Mahan said if Torres misses multiple meetings, the issue could be revisited. He added voters may need to recall Torres if he doesn’t step down.
NBC Bay Area's calls and texts to Torres's attorney on Tuesday were not returned.
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The accusations against Torres came to light when he reported to police that he was being extorted by a man he’d had a previous relationship with.
Investigators said they're now trying to determine if the alleged extortionist was a minor when the relationship started.
According to texts in court documents, Torres also has talked about sexual acts with a different 17 year old.
Torres's attorney has previously dismissed the exchanges as role play between partners and has said his client is innocent of all charges.
On Tuesday, Melissa Reyes, a business owner from District 3, addressed the council and joined the growing number of people calling for Torres to resign.
"We are all talking about it in our district and somebody needs to say what we’re all thinking," Reyes said. "Right now we need representation for District 3. I definitely believe Mr. Omar Torres cannot represent us being that he has too many personal problems going on."
