San Jose leaders apologize for councilman’s absence, but call for him to resign – NBC Bay Area

The controversy surrounding the assaulted councilor of San José, Omar Torres, continues to grow.

The city council debated Tuesday whether to excuse his absence from a meeting after the allegations he faces were revealed. An unexcused absence could open the way for his removal from office, but the majority of the council ended up voting to excuse Torres’ absence.

Torres was absent for a second consecutive city council meeting on Tuesday. That led Councilman Bien Doan to propose not excusing Torres for missing the last meeting.

The absence count is important. The city charter states that after five consecutive unexcused absences, a city council person can be dismissed.

Torres has said he was out because he was sick, but that came just days after police announced Torres was being criminally investigated for allegations of sexual misconduct with a minor.

“I think it’s horrifying and it’s sickening, and I’m not going to stand for it,” Doan said. “I, along with my colleagues, call for his resignation.”

Mayor Matt Mahan joined the majority in voting Tuesday to excuse Torres’ absence.

“After consulting with the city attorney, unfortunately I don’t think it’s in the city’s best interest to litigate whether or not he was sick one day two weeks ago as the only one,” he said. “But that said, he needs to resign. We’ve asked him to resign. He’s holding his seat hostage.”

Mahan said if Torres misses several meetings, the issue could be revisited. He added that voters may have to recall Torres if he does not resign.

Calls and text messages from NBC Bay Area to Torres’ attorney Tuesday were not returned.

The allegations against Torres came to light when she reported to the police that she was being extorted by a man with whom she had a previous relationship.

Investigators said they are now trying to determine whether the alleged extortionist was a minor when the relationship began.

According to texts in court documents, Torres also talked about sexual acts with a different 17-year-old.

Torres’ attorney has previously dismissed the exchanges as role-playing between partners and has said his client is innocent of all charges.

On Tuesday, District 3 businesswoman Melissa Reyes addressed the council and joined the growing number of people calling for Torres’ resignation.

“We’re all talking about this in our district and somebody has to say what we’re thinking,” Reyes said. “Right now we need representation for District 3. I definitely think that Mr. Omar Torres cannot represent us because he has too many personal issues.”