Without any comment or even mentioning his name, the San Jose City Council's Rules and Open Government Committee killed a request October 30 for an extended absence by embattled gay councilmember Omar Torres, who is under criminal investigation after he admitted to having sex with a 17-year-old boy in a text message, according to a sworn affidavit. The decision leaves Torres' future on the council uncertain, as he has not attended recent meetings and faces pressure to resign.
Meanwhile, Ken Yeager, who served as the South Bay city's first out gay councilmember, offered a brief comment on a statement issued by three LGBTQ organizations that condemned sex crimes and false stereotypes that LGBTQ people are more prone to commit them.
The agenda for the council committee meeting included a memorandum from Torres on his request, which the Bay Area Reporter reported on October 29.
In the memo, Torres, who has not been arrested or charged with a crime, said his request was "to focus on my mental health" following a doctor's recommendation.
"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," he stated. "This decision is not made lightly, but my mental health must take precedence for me to continue to serve effectively."
Torres, 43, represents District 3, which includes downtown San Jose and the Qmunity District, the city's LGBTQ neighborhood. He stated that if his leave request were approved "my office will remain fully operational, and my staff will continue to serve the residents of my district, ensuring that no services are disrupted."
He concluded, "I am committed to returning to my duties once I have had sufficient time to address these health concerns and regain the mental strength required to serve the community effectively."
When the item was brought up at the meeting, no motion was made, effectively killing it.
If Torres misses five meetings without the council excusing his absence, his seat would become vacant. The council previously excused an October 8 absence. Torres was also absent October 22, at which point he made the request for the extended leave, which has now been rejected.
Torres' fellow councilmembers had already called for his resignation October 16, as the B.A.R. reported. When he failed to do so, his colleagues stripped him of his committee assignments on October 23. He was removed from his roles with the Public Safety, Finance, and Strategy Support; Community and Economic Development; and Neighborhood Services and Education committees.
"Omar Torres is holding his seat hostage and taking away the right to representation from 100,000 residents of San Jose even after the entire council has called for his resignation," San Jose Mayor Matt Mahan stated in an October 23 news release. "While we don't have the tools we need to fully remove him from office as the community has asked us to do, we can and have stripped him from all committees, boards, and commissions. I am looking forward to the day when we have a District 3 leader who is worthy of the trust and respect of the community."
Torres was also stripped of his roles with the Arts Commission, Downtown Parking Board, Library and Education Commission, the San Jose Youth Empowerment Alliance, the Santa Clara Valley Habitat Agency Governing Board, the Santa Clara Valley Transportation Authority (VTA) Board, the Santa Clara VTA Policy Advisory Board — Diridon Station, the Silicon Valley Regional Interoperability Project, the Team San Jose/Convention and Visitors Bureau and the Schools and City Collaborative. Fellow councilmembers replaced Torres on those bodies.
Recall effort launched
Last week, a recall effort was launched by District 3 residents who say they are being disenfranchised. Matthew Quevedo, a straight ally who is deputy chief of staff to Mahan, told the B.A.R. that effort is gathering signatures needed to get state approval to begin the signature-gathering process for a recall election to be approved, which he said will only require 5,289 valid signatures.
The recall effort didn't return a request for comment for this report by press time. Torres' office referred comment October 31 to Torres' attorney Nelson McElmurry, who didn't return a subsequent request for comment.
Three weeks ago, the San Jose Police Department confirmed it was investigating Torres on suspicion of seeking sexually explicit pictures of a minor online. For his part, the councilmember said the allegations were "entirely false" and part of a blackmail scheme waged against him by a Chicago man he had met online.
In a Snapchat message, Torres stated, "When I worked at a site at a college I sucked a student in the control room. Black 17 year old and boom. 9.5 inches at 17," according to a sworn affidavit from a San Jose police officer.
A longtime political aide in the South Bay and Democratic Party leader, Torres previously served as an elected member of the board of the San Jose Evergreen Community College District.
The Silicon Valley Pride Board of Directors and Qmunity District President Nathan Svoboda joined with BAYMEC Community Foundation in issuing a statement October 25 condemning child sexual abuse and stereotyping of the LGBTQ community. The open letter did not take a stance on the specific allegations against Torres.
The Pride and Qmunity organizations didn't return requests for comment for this report.
Ken Yeager, the first gay man to serve on the San Jose City Council and the executive director of the BAYMEC Community Foundation, offered a brief comment in an October 31 phone interview.
"I thought it was important for the LGBTQ community to, as it [the letter] says, condemn all force of abuse, assault, and exploitation and that it was not representative at all of the LGBT community other than that I think I'd be repeating things in the letter," he said.
Asked if he had anything beyond the letter to say, Yeager said "not necessarily."
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