A man standing outside at a podium with a crowd of people behind him
San Jose Councilmember Omar Torres is pictured in this file photo.

Questions are mounting as to whether or not embattled San Jose Councilmember Omar Torres will resign — and his colleagues are declining to formally excuse his absence from public meetings.

For a second time since police filings showed Torres sent lewd texts about minors,  councilmembers at a Wednesday Rules and Open Government Committee meeting declined Torres’ request for a 30-day leave of absence, which would allow him to keep missing meetings while hanging onto his seat under the city charter. Torres submitted a doctor’s note to the city clerk’s office earlier this month. Councilmembers declined to move forward or discuss the request, just as they did at a prior Oct. 23 meeting — meaning Torres’ requested medical leave won’t go before the full San Jose City Council for a vote.

“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 in a memo for his requested medical leave.

Torres’ attorney, Nelson McElmurry, didn’t respond to requests for comment.

Rumors of Torres’ possible resignation have swelled in recent days as downtown residents have started gathering signatures for a recall initiative, while the entire council has called for Torres to step down. Councilmember Bien Doan has said he’s exploring options for removal proceedings and changes to the city charter in light of the unprecedented City Hall scandal.

San Jose police served a search warrant and briefly detained Torres earlier this month in an ongoing criminal investigation into alleged “oral copulation of a minor.” The embattled District 3 councilmember hasn’t been arrested or charged with anything, but he acknowledged the lewd text messages about minors through his lawyer, calling them “role-play.”

The scandal kicked off a political firestorm where Torres maintained his innocence while dodging all public appearances and refusing to let go of his seat in the process. His effort to stay in office fueled weeks of debate over how councilmembers could remove him, allegations of a City Hall cover up and employee unrest.

The San Jose Police Officers’ Association was the first to call for Torres to resign. The San Jose Chamber of Commerce, San Jose Downtown Association, Vietnamese American Organization, Jean Cohen, head of the South Bay Labor Council which endorsed Torres’ 2022 council run, and the Santa Clara County Democratic Party have all followed the city council in calling on Torres to resign.

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

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