Mayor Matt Mahan says proposal to appoint a replacement by the end of the year “reeks of politics” as fight begins over how to fill Omar Torres’ soon-to-be-vacant San Jose Ward 3 City Council seat. Ta.
The District 3 seat will become vacant on Nov. 27 after Torres, embattled following his arrest last week on child sexual abuse charges, tendered his resignation, creating a rift between workers and companies. Power relations may change. The case is unrelated to a separate sexual misconduct investigation in which residents and political leaders had already called for his ouster.
City leaders have two options: appointment or special election.
Ward 2 City Councilman Sergio Jimenez has called for the city to install new leadership in early 2025, but Mahan, who supports a special election to replace Torres, said the city council has not yet decided. He said people should first understand and consider their options before making a decision.
“I strongly believe that voters should choose their representatives and that there is no further vetting process,” Mahan said. “I think it’s faster and cheaper to book. It doesn’t make the situation any better.”
City leaders have been aware of the potential vacancy since last month after Torres became the subject of a police investigation on child sex charges.
Despite launching a recall campaign and calls for his resignation from the San Jose Police Officers Association, the City Council and prominent political and business groups, Torres has maintained his innocence and his desire to remain on the City Council.
But last week, a relative came forward and detailed the sexual abuse that occurred over several years in the 1990s, including after Torres turned 18 and the victim was a minor. And then this situation came to a screeching halt. Police said Torres, 43, admitted to the crime in a phone call with the victim, which was monitored by law enforcement authorities.
With the seat expected to become vacant within two weeks, city leaders have two options: appointment or special election.
A study conducted by the San Francisco Bay Area Planning and Urban Research Society (SPUR) found that the city has faced eight vacancies over the past 30 years, choosing the special election route in most of them. .
Two years ago, when then-City Councilwoman Sylvia Arenas and Mahan won elections for other positions, leaving the 8th and 10th Ward seats open, public support for a special election was overwhelming. Yet the City Council bucked that trend.
At the time, Jimenez, Arenas and 6th Ward Councilwoman Deb Davis argued for the appointment, citing low turnout and the potential price tag for both wards ranging from $7.6 million to $11.4 million. I wrote a memo to do so. Ultimately, the council’s progressive majority chose to make the appointment, despite comments from then-Mayor Sam Licciardo that “this move would bring shame to the city.”
Jimenez made a similar argument in asking the City Council to set a special meeting by Dec. 27 to make the appointment.
“Following the 2022 election, the City of San Jose has thoroughly reviewed the process for filling vacant City Council seats,” Jimenez said in a memo scheduled to be heard by the Rules Committee on Wednesday. . “After careful analysis, the Council has chosen to move forward with the appointment, which is the most efficient and cost-effective process.The recent resignation of Omar Torres has resulted in the loss of services to our constituents and the residents of District 3.” It is vital that the representative is addressed and recovered as soon as possible.”
Jimenez’s office did not respond to multiple requests for comment.
The exact cost of the special election has not yet been determined, but conservative estimates suggest it could cost at least several million dollars. If a special election is held, the 3rd District could go without a representative for several months. If no candidate receives 50% of the votes in the primary, the city must hold a runoff election.
Ward 4 City Councilman David Cohen and Ward 9 City Councilman Pam Fowley joined Mahan in urging the city to discuss options first, rather than voting on a predetermined way to fill the seat. requested.
Despite the downsides, many neighborhood leaders have voiced support for the special election.
“There is only one way for D3 to re-establish faith in our political system, and that is for us to take control through direct elections,” said Vendôme Neighborhood Association President Tim Clauson. “City Hall’s appointment does not re-establish ownership of D3 because we are simply delegating the issue to people who don’t even live here.”
The past two City Council appointments had mixed results in this year’s elections. While District 8 City Councilman Domingo Candelas appears headed for victory with the support of his opponent Tam Truong, who is briefly facing fraud charges, George Casey He has built an overwhelming lead over Arjun Batra, the 10th ward councilor.
Residents who support direct elections point out that the situation regarding vacancies in Ward 3 is different from Wards 8 and 10.
“The upcoming vacancy is the result of widespread rejection of the council member by D3 voters, the City Council, and his allies, and the popular (as in 2022 appointment) It’s not a vacancy caused by a move to an elected office,” said resident Eileen Smith, who lost to Torres in the 2022 general election. “The only way to correct this widespread repudiation of Torres is to re-establish trust through the electoral process. Appointments to City Hall of any kind can easily be used as a backbone to strip our district of its independence and sovereignty. It could be a deal.”
First Published: November 12, 2024 3:25 PM PST
