Members of the San Jose City Council sit at the dais in the council chambers
The San Jose City Council will need to decide between an appointment or special election to replace disgraced Councilmember Omar Torres in District 3. File photo.

San Jose Councilmember Sergio Jimenez is calling for an appointment to replace disgraced colleague Omar Torres, whose recent arrest and resignation could have business and labor interests dueling to tip the City Council’s balance of power.

Jimenez wants his colleagues to interview replacement candidates and appoint someone at a special meeting, ideally by Dec. 27. That’s according to a memo the pro-labor — and termed out — councilmember filed for discussion at the Nov. 19 council meeting. But it clashes with Mayor Matt Mahan’s call for a special election, an option historically favored by the city’s pro-business coalition.

Labor interests held a narrow council majority with Torres in power and would have continued to, even after Election Day, had he not been charged with child molestation. Now Torres is in jail — and the result could shape policies around developer incentives and worker safety protections, among others.

Jimenez rejects any notion that his proposal is political, calling the labor-business dynamic a “tired” narrative. He said his memo seeks a resolution for District 3’s leadership vacuum in light of the unprecedented last few weeks. He also said he’s not tied to nailing down an appointment by Dec. 27.

“It’s an aspirational date. I’m flexible on the timing because I understand we can only do so much, the holidays are starting soon — I’m open to that,” Jimenez told San José Spotlight. “It’s my perspective that an appointment is the best approach. Mainly, cost and speed are key for me. I didn’t do it with any particular leaning in mind.”

Mahan, speaking at a Wednesday news conference before Torres’ arraignment in court, reiterated his preference for special elections despite the time and money.

“I think the public, the community, the voters, should decide on who their representatives are. Not folks elected to represent other districts,” Mahan said.

Mahan wasn’t immediately available for comment when asked about Jimenez’s memo.

One of the South Bay’s most powerful labor voices has yet to announce her stance.

“I’m working with my affiliates and community partners to determine what process will create the best opportunity for the strong representation that the District 3 community so richly deserves,” Jean Cohen, executive officer for the South Bay Labor Council, told San José Spotlight.

If the council chooses to fill Torres’ vacant seat by special election, officials could also appoint an interim replacement to serve until the formal election.

But appointment proponents came out on top the last time San Jose faced this crossroads in late 2022 — when officials had to fill seats left vacant when Mahan moved up to mayor and then-Councilmember Sylvia Arenas won election to the Santa Clara County Board of Supervisors.

The decision roused cheers, boos, middle fingers and the banging of a gavel – and led to the appointment of Councilmembers Domingo Candelas and Arjun Batra. But the process dragged out for seven weeks. The city opened a nomination period for three weeks. Then came candidate interviews and uproar, when Candelas was accused of accessing interview questions ahead of time by using a phone and laptop.

Special election proponents at the time called the appointment decision a “shameful” and undemocratic rebuff of voters in the affected council districts. Appointment proponents rebuked special elections over their greater cost and low voter turnout that slants toward a more affluent, older electorate.

Anticipating the looming debate, City Clerk Toni Taber has requested special election cost estimates from county officials. She said the range could come down to a $2 million to $3.2 million price tag. A special election likely wouldn’t happen until late spring 2025 with a runoff and certification of votes in the summer.

The Torres scandal is the latest blow to the downtown area beset in recent years by COVID-19 shutdowns and blighted properties.
Keep our journalism free for everyone!
“It’s special and complex. We need some healing, someone who comes in and has a really good outlook on what our business community needs,” Alex Stettinski, executive director of the San Jose Downtown Association, told San José Spotlight. “I’m leaning toward a special election — it makes more sense to have somebody in place that the community really wants, instead of a council-appointment Band-Aid.”

Stettinski pointed out that appointed councilmembers aren’t always politically viable. Batra, appointed in District 10, appears to be headed toward losing his reelection bid to challenger George Casey.

Jimenez said a special election is another fiscal drain that San Jose doesn’t need.

“If you talk to the budget office, it’s not very rosy — there will be challenges ahead and I think it will be disastrous to spend millions on a special election,” Jimenez told San José Spotlight. “Some people weren’t happy with the process last time, but it’s not anti-democratic. The residents are going to have a chance to chime in.”

Contact Brandon Pho at [email protected] or @brandonphooo on X, formerly known as Twitter.

Comment Policy (updated 5/10/2023): Readers are required to log in through a social media or email platform to confirm authenticity. We reserve the right to delete comments or ban users who engage in personal attacks, hate speech, excess profanity or make verifiably false statements. Comments are moderated and approved by admin.

Leave a Reply